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The Boston Barrier Order 2017

S.I. 2017/1329 · Made 12 December 2017 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 27 July 2023.

Transport And Works, England

Made 12th December 2017

Coming into force 2nd January 2018

An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006f1 for an Order under sections 3(1)(b) and 5 of the Transport and Works Act 1992f2 (“the 1992 Act”).

The Secretary of State caused an inquiry to be held for the purposes of the application under section 11 of the 1992 Act.

The Secretary of State, having considered the objections made and not withdrawn, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change in the proposals.

The Secretary of State is of the opinion that the primary object of this Order cannot be achieved by means of an Order under the Harbours Act 1964f3.

Notice of the Secretary of State’s determination was published in the London Gazette on 4th December 2017.

The Secretary of State makes the following Order in exercise of the powers conferred by sections 3(1)(b) and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11, 13 and 15 to 17 of Schedule 1 to, the 1992 Act and by article 2 of the Transport and Works (Descriptions of Works Interfering with Navigation) Order 1992f4.C1

Annotations to the whole text

Modifications

C1

Order excluded in part (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 41 (with arts. 5, 53, Sch. 8 paras. 6, 64)

Footnotes

f1

S.I. 2006/1466.

f2

1992 c. 42. Section 5 was amended by S.I. 2012/1659.

f3

1964 c. 40.

f4

S.I. 1992/3230 as amended by S.I. 1997/2906.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application of 1991 Act
  5. Part 2: WORKS PROVISIONS
  6. Principal powers
  7. 4Power to construct and maintain works
  8. 5Power to deviate
  9. Works and operations in the river
  10. 6Power to dredge etc.
  11. 7Works and dredging etc. in the river
  12. 8River not to be a reservoir
  13. Streets and rights of way
  14. 9Power to execute street works
  15. 10Power to keep apparatus in streets
  16. 11Power to alter layout, etc., of streets
  17. 12Temporary stopping up and diversion of streets
  18. 13Access to works
  19. 14Agreements with street authorities
  20. 15Use of private roads for construction
  21. Supplementary powers and provisions
  22. 16Agreements with owners of land and others for construction of works
  23. 17Temporary closing of river in connection with works
  24. 18Diversion of flow of water
  25. 19Power to take, pump, impound and discharge water
  26. 20Water abstraction and impounding
  27. 21Protective works
  28. 22Planning permission
  29. 23Power to survey and investigate land, etc.
  30. 24Felling or lopping of trees
  31. Part 3: PROVISIONS RELATING TO TIDAL WORKS
  32. 25Tidal works not to be executed without approval of Secretary of State
  33. 26Lights on tidal works during construction
  34. 27Provisions against danger to navigation
  35. 28Abatement of works abandoned or decayed
  36. 29Survey of tidal works
  37. 30Permanent lights on tidal works
  38. Part 4: ACQUISITION AND POSSESSION OF LAND
  39. Powers of acquisition
  40. 31Power to acquire land
  41. 32Application of Part 1 of the 1965 Act
  42. 33Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  43. 34Power to acquire new rights
  44. 35Power to acquire subsoil only
  45. 36New rights only to be acquired in certain lands
  46. 37Rights under or over streets
  47. Temporary possession of land
  48. 38Temporary possession of land for construction purposes
  49. 39Temporary possession of land for maintenance of works
  50. Compensation
  51. 40Disregard of certain interests and improvements
  52. 41Set-off for enhancement in value of retained land
  53. Supplementary
  54. 42Extinction or suspension of private rights of way etc. over land
  55. 43Time limit for exercise of powers of acquisition
  56. Part 5: OPERATION OF SCHEDULED WORKS
  57. 44Power to operate scheduled works
  58. 45Misuse of scheduled works, etc.
  59. Navigation
  60. 46Navigation etc. in vicinity of barrier
  61. Obstruction etc.
  62. 47Removal of vessels
  63. 48Arbitration in respect of removal of vessels
  64. 49Removal of obstructions other than vessels
  65. 50Arbitration in respect of removal of obstructions other than vessels
  66. 51Emergency powers and consents
  67. Byelaws
  68. 52Byelaws
  69. Part 6: PROTECTIVE PROVISIONS
  70. 53Statutory undertakers, etc.
  71. 54Protective Provisions
  72. 55Saving for Trinity House
  73. 56Crown rights
  74. 57Minerals
  75. Part 7: MISCELLANEOUS AND GENERAL
  76. 58Temporary traffic regulation
  77. 59Power of disposal, agreements for operation, etc.
  78. 60Obstructing execution of Order
  79. 61Defence of due diligence
  80. 62Application of landlord and tenant law
  81. 63Defence to proceedings in respect of statutory nuisance
  82. 64Disclosure of confidential information
  83. 65Local legislation
  84. 66Certification of plans etc.
  85. 67Arbitration
  86. 68No double recovery
  87. 69Service of notices
  88. Signature
  89. Schedule 1SCHEDULED WORKS
  90. Schedule 2STREETS TO BE TEMPORARILY STOPPED UP
  91. Schedule 3: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  92. Compensation enactments
  93. 1Paragraph 1
  94. 2Paragraph 2
  95. 3Paragraph 3
  96. 4Paragraph 4
  97. 5Paragraph 5
  98. 6Paragraph 6
  99. 7Paragraph 7
  100. 8Paragraph 8
  101. 9Paragraph 9
  102. 10Paragraph 10
  103. Schedule 4ACQUISITION OF NEW RIGHTS ONLY
  104. Schedule 5LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  105. Schedule 6: STATUTORY UNDERTAKERS, ETC.
  106. Apparatus of statutory undertakers etc. on land acquired
  107. 1Paragraph 1
  108. Schedule 7: PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  109. Interpretation
  110. 1Paragraph 1
  111. 2Paragraph 2
  112. On-street apparatus
  113. 3Paragraph 3
  114. Acquisition of land
  115. 4Paragraph 4
  116. Removal of apparatus
  117. 5Paragraph 5
  118. Facilities and rights for alternative apparatus
  119. 6Paragraph 6
  120. Retained apparatus: protection and plan approval
  121. 7Paragraph 7
  122. Expenses
  123. 8Paragraph 8
  124. Indemnity
  125. 9Paragraph 9
  126. Access
  127. 10Paragraph 10
  128. Cooperation
  129. 11Paragraph 11
  130. Exercise of safeguarding and survey powers
  131. 12Paragraph 12
  132. Arbitration
  133. 13Paragraph 13
  134. Schedule 8: PROTECTION OF PORT OF BOSTON
  135. 1Paragraph 1
  136. 2Paragraph 2
  137. 3Paragraph 3
  138. 4Paragraph 4
  139. 5Paragraph 5
  140. 6Paragraph 6
  141. 7Paragraph 7
  142. 8Paragraph 8
  143. 9Paragraph 9
  144. 10Paragraph 10
  145. 11Paragraph 11
  146. 12Paragraph 12
  147. 13Paragraph 13
  148. Schedule 9: AMENDMENT OF LOCAL LEGISLATION
  149. 1LOCAL ENACTMENTS
  150. 2BYELAWS
  151. Explanatory note