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The Cambridgeshire Guided Busway Order 2005

S.I. 2005/3523 · Made 21 December 2005

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TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

Made 21st December 2005

Coming into force 11th January 2006

Whereas 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 2000f1 made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992f2 (“the 1992 Act”), for an Order under sections 1 and 5 of the 1992 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 1992 Act;

And whereas the Secretary of State having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 path mentioned in Part 3 of Schedule 4 to this Order is not required;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 13th December 2005;

Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 4, 6 to 13 and 15 to 17 of Schedule 1 to, the 1992 Act, hereby makes the following Order:—

Annotations to the whole text

Footnotes

f1

S.I. 2000/2190.

f2

1992 c. 42, as amended by S.I. 1995/1541 and 1998/2226.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application of the New Roads and Street Works Act 1991
  5. Part 2: Works Provisions
  6. Chapter: Principal powers
  7. 4Power to construct and maintain works
  8. 5Power to deviate
  9. Chapter: Streets
  10. 6Power to alter layout of streets
  11. 7Power to keep apparatus in streets
  12. 8Power to execute street works
  13. 9Rights of way over access tracks
  14. 10Construction of new and stopping up of existing paths or streets
  15. 11Construction and maintenance of new or altered paths or streets
  16. 12Temporary stopping-up of paths or streets
  17. 13Access to works
  18. 14Agreements with street authorities
  19. 15Level crossings
  20. Chapter: Supplemental
  21. 16Temporary closure of part of Great Ouse
  22. 17Discharge of water
  23. 18Supplementary powers
  24. 19Power to survey and investigate land
  25. 20Restriction on apparatus
  26. 21Obstruction of construction of guided busway
  27. Part 3: Acquisition and Possession of Land
  28. Chapter: Powers of acquisition
  29. 22Power to acquire land
  30. 23Application of Part I of Compulsory Purchase Act 1965
  31. 24Application of Compulsory Purchase (Vesting Declarations) Act 1981
  32. 25Powers to acquire new rights
  33. 26Powers to acquire subsoil only
  34. 27Rights under or over streets
  35. Chapter: Temporary possession of land
  36. 28Temporary use of land for construction of works
  37. 29Temporary use of land for maintenance of works
  38. Chapter: Compensation
  39. 30Disregard of certain interests and improvements
  40. Chapter: Supplementary
  41. 31Acquisition of part of certain properties
  42. 32Extinction or suspension of private rights of way
  43. 33Time limit for exercise of powers of acquisition
  44. Part 4: Operation of Busway System
  45. 34Power to operate and use busway system
  46. 35Power to charge fares
  47. 36Registration of busway services
  48. 37Substitute road services
  49. 38As to quality partnership schemes
  50. 39Maintenance of approved works, etc.
  51. 40Removal of obstructions
  52. 41Traffic signs
  53. 42Traffic regulation
  54. 43Power to lop or fell trees overhanging busway system
  55. 44Trespass on busway system
  56. 45Power to make byelaws
  57. 46Power to contract for police services
  58. 47Power of disposal, agreements for operation, etc.
  59. 48Application of landlord and tenant law
  60. 49Town and country planning: statutory undertakers
  61. Part 5: Protective Provisions
  62. 50Statutory undertakers, etc.
  63. 51Protective provisions
  64. 52Minerals
  65. Part 6: Miscellaneous and General
  66. 53As to local railway enactments
  67. 54Disclosure of confidential information
  68. 55Certification of plans, etc.
  69. 56Service of notices
  70. 57No double recovery
  71. 58Arbitration
  72. Signature
  73. Schedule 1SCHEDULED WORKS
  74. Schedule 2ACQUISITION OF CERTAIN LAND
  75. Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
  76. Schedule 4: PATHS AND STREETS TO BE STOPPED UP AND PROVISION OF SUBSTITUTES
  77. 1New Paths or Streets
  78. 2Paths or Streets for which Substitutes are to be Provided
  79. 3Paths or Streets for which no Substitutes will be Provided
  80. Schedule 5PATHS AND STREETS TO BE TEMPORARILY STOPPED UP
  81. Schedule 6HIGHWAYS TO BE CROSSED ON THE LEVEL
  82. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  83. 1Paragraph 1
  84. 2Paragraph 2
  85. Chapter: Adaptation of the 1965 Act
  86. 3Paragraph 3
  87. 4Paragraph 4
  88. 5Paragraph 5
  89. 6Paragraph 6
  90. 7Paragraph 7
  91. 8Paragraph 8
  92. 9Paragraph 9
  93. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  94. Schedule 9: TRAFFIC REGULATION ORDERS
  95. 1Prohibition and Restrictions of Stopping and Waiting
  96. 2Bus and Cycle Lanes
  97. 3Prohibition on Turning
  98. 4Prohibition of Driving
  99. 5Parking Places
  100. Schedule 10: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  101. Apparatus of statutory undertakers, etc., on land acquired
  102. 1Paragraph 1
  103. Apparatus of statutory undertakers, etc., in stopped up streets
  104. 2Paragraph 2
  105. Schedule 11: PROTECTIVE PROVISIONS
  106. Part 1: For Protection of Drainage Authorities
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. 4Paragraph 4
  111. 5Paragraph 5
  112. 6Paragraph 6
  113. 7Paragraph 7
  114. 8Paragraph 8
  115. 9Paragraph 9
  116. 10Paragraph 10
  117. 11Paragraph 11
  118. Part 2: For Further Protection of Environment Agency
  119. 12Paragraph 12
  120. 13Paragraph 13
  121. 14Paragraph 14
  122. 15Paragraph 15
  123. 16Paragraph 16
  124. Part 3: For Protection of Network Rail Infrastructure Limited
  125. 17Paragraph 17
  126. 18Paragraph 18
  127. 19Paragraph 19
  128. 20Paragraph 20
  129. 21Paragraph 21
  130. 22Paragraph 22
  131. 23Paragraph 23
  132. 24Paragraph 24
  133. 25Paragraph 25
  134. 26Paragraph 26
  135. 27Paragraph 27
  136. 28Paragraph 28
  137. 29Paragraph 29
  138. 30Paragraph 30
  139. 31Paragraph 31
  140. 32Paragraph 32
  141. 33Paragraph 33
  142. Explanatory note