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The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003

S.I. 2003/3364 · Made 22 December 2003

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TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

Made 22nd December 2003

Coming into force 12th January 2004

Whereas an application has been made to the Secretary of State for Transport (“the Secretary of State”), in accordance with the Transport and Works (Applications and Objections Procedure) Rules 1992f1 made under sections 6, 7 and 10 of the Transport and Works Act 1992f2 (“the Act”), for an Order under sections 1 and 5 of the Act;

And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the Act;

And whereas the Secretary of State, having considered the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;

And whereas the Secretary of State is satisfied that the provision of an alternative right of way for the street mentioned in Part 2 of Schedule 3 is not required;

And whereas, having considered representations duly made to him pursuant to section 13 of the Act, the Secretary of State has determined to make the Order applied for with modifications;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 16th December 2003;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1 to 8, 10 and 11 and 15 to 17 of Schedule 1 to the Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

Annotations to the whole text

Footnotes

f1

S.I. 1992/2902.

f2

1992 c. 42.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of enactments relating to railways
  5. 4Incorporation of local railway enactments
  6. Part 2: WORKS PROVISIONS
  7. Principal powers
  8. 5Power to construct and maintain works
  9. 6Power to deviate
  10. Streets
  11. 7Power to execute street works
  12. 8Permanent and temporary stopping up and diversion of streets
  13. 9Access to works
  14. Supplemental Powers
  15. 10Discharge of water
  16. 11Power to survey and investigate land
  17. 12Power to transfer and lease rights of operation etc.
  18. Part 3: ACQUISITION AND POSSESSION OF LAND
  19. Powers of acquisition
  20. 13Power to acquire land
  21. 14Application of Part I of the Compulsory Purchase Act 1965
  22. 15Powers to acquire new rights
  23. Temporary possession of land
  24. 16Temporary use of land for construction of works
  25. 17Temporary use of land for maintenance of works
  26. Compensation
  27. 18Disregard of certain interests and improvements
  28. Supplementary
  29. 19Acquisition of part of certain properties
  30. 20Extinction or suspension of private rights of way
  31. 21Time limit for exercise of powers of acquisition
  32. Part 4: MISCELLANEOUS AND GENERAL
  33. 22Power to operate and use railways
  34. 23Maintenance of approved works etc.
  35. 24Disclosure of confidential information
  36. 25Statutory undertakers etc.
  37. 26Certification of plans etc.
  38. 27Service of notices
  39. 28No double recovery
  40. 29Arbitration
  41. 30Trespass on railway
  42. 31Agreements with Network Rail
  43. 32For the protection of Network Rail
  44. 33For the protection of the Environment Agency
  45. Signature
  46. Schedule 1SCHEDULED WORKS
  47. Schedule 2ACQUISITION OF CERTAIN LAND
  48. Schedule 3
  49. 1SCHEDULE OF STREET WORKS
  50. 2STREETS SUBJECT TO PERMANENT CLOSURE AND DIVERSION
  51. 3STREETS SUBJECT TO TEMPORARY CLOSURE AND DIVERSION
  52. Schedule 4: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  53. Compensation enactments
  54. 1Paragraph 1
  55. 2Paragraph 2
  56. 3Paragraph 3
  57. 4Paragraph 4
  58. 5Paragraph 5
  59. 6Paragraph 6
  60. 7Paragraph 7
  61. 8Paragraph 8
  62. 9Paragraph 9
  63. Schedule 5LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  64. Schedule 6: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  65. Apparatus of statutory undertakers etc. on land acquired
  66. 1Paragraph 1
  67. Apparatus of statutory undertakers etc. in stopped up streets
  68. 2Paragraph 2
  69. Railway and navigation undertakings
  70. 3Paragraph 3
  71. Schedule 7: PROVISIONS FOR THE PROTECTION OF NETWORK RAIL
  72. 1Paragraph 1
  73. 2Paragraph 2
  74. 3Paragraph 3
  75. 4Paragraph 4
  76. 5Paragraph 5
  77. 6Paragraph 6
  78. 7Paragraph 7
  79. 8Paragraph 8
  80. 9Paragraph 9
  81. 10Paragraph 10
  82. 11Paragraph 11
  83. 12Paragraph 12
  84. 13Paragraph 13
  85. 14Paragraph 14
  86. 15Paragraph 15
  87. 16Paragraph 16
  88. Schedule 8: PROVISIONS FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  89. 1Paragraph 1
  90. 2Paragraph 2
  91. 3Paragraph 3
  92. 4Paragraph 4
  93. 5Paragraph 5
  94. 6Paragraph 6
  95. 7Paragraph 7
  96. 8Paragraph 8
  97. 9Paragraph 9
  98. 10Paragraph 10
  99. 11Paragraph 11
  100. 12Paragraph 12
  101. Explanatory note