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The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008

S.I. 2008/2512 · Made 23 September 2008

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TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

Made 23rd September 2008

Coming into force 14th October 2008

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 for an Order under sections 1 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 pursuant to section 11 of the 1992 Act.

The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry has determined to make an Order giving effect to the proposals comprised in the application with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

The Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Part 2 of Schedule 3 and Part 3 of Schedule 7 is not required.

Notice of the Secretary of State’s determination was published in the London Gazette on 25th July 2008.

Accordingly, the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 8, 10 to 12, and 15 to 17 of Schedule 1 to, the 1992 Act makes the following Order:—

Annotations to the whole text

Footnotes

f1

S.I. 2000/2190. As made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992.

f2

1992 c. 42. As amended by S.I. 1995/1541, 1998/2226, 2000/3199 and 2006/958.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of Railways Clauses Acts
  5. 4Application of the 1991 Act
  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. 8Stopping up of streets
  13. 9Highways subject to redesignation
  14. 10Temporary stopping up of streets
  15. 11Traffic regulation
  16. 12Access to works
  17. 13Construction and maintenance of new or altered streets
  18. 14Construction of bridges
  19. 15Agreements with street authorities
  20. Level crossings
  21. 16Alterations to level crossings as a result of the authorised works
  22. 17Provision of new level crossings in substitution for existing level crossings
  23. 18Stopping up of level crossings
  24. Supplemental powers
  25. 19Discharge of water
  26. 20Protective works to buildings
  27. 21Power to survey and investigate land
  28. Part 3: ACQUISITION AND POSSESSION OF LAND
  29. Powers of acquisition
  30. 22Power to acquire land
  31. 23Application of Part 1 of the Compulsory Purchase Act 1965
  32. 24Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  33. 25Power to acquire new rights
  34. 26Rights under or over streets
  35. Temporary possession of land
  36. 27Temporary use of land for construction of works
  37. 28Temporary use of land for maintenance of works
  38. Compensation
  39. 29Disregard of certain interests and improvements
  40. 30Set-off for enhancement in value of retained land
  41. Supplementary
  42. 31Acquisition of part of certain properties
  43. 32Extinction or suspension of private rights of way
  44. 33Time limit for exercise of powers of acquisition
  45. Part 4: MISCELLANEOUS AND GENERAL
  46. 34Planning permission and supplementary matters
  47. 35Power to lop trees overhanging the authorised works
  48. 36Power to operate and use railway
  49. 37Power to transfer undertaking
  50. 38Power to charge fares
  51. 39Agreements with Network Rail
  52. 40Proceedings in respect of statutory nuisance
  53. 41Application of landlord and tenant law
  54. 42Obstruction of construction of authorised works
  55. 43Trespass
  56. 44Disclosure of confidential information
  57. 45Statutory undertakers, etc.
  58. 46Protective provisions
  59. 47As to application of certain railway enactments
  60. 48Application of the Land Drainage Act 1991
  61. 49Certification of plans, etc.
  62. 50Service of notices
  63. 51No double recovery
  64. 52Arbitration
  65. Signature
  66. Schedule 1SCHEDULED WORKS
  67. Schedule 2STREETS SUBJECT TO STREET WORKS
  68. Schedule 3: STREETS TO BE PERMANENTLY STOPPED UP
  69. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  70. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  71. Schedule 4STREETS TO BE TEMPORARILY STOPPED UP
  72. Schedule 5ACCESS TO WORKS
  73. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  74. Compensation enactments
  75. 1Paragraph 1
  76. 2Paragraph 2
  77. Application of the 1965 Act
  78. 3Paragraph 3
  79. 4Paragraph 4
  80. 5Paragraph 5
  81. 6Paragraph 6
  82. 7Paragraph 7
  83. 8Paragraph 8
  84. 9Paragraph 9
  85. Schedule 7: LEVEL CROSSINGS
  86. 1LEVEL CROSSINGS ALTERED AS A RESULT OF THE AUTHORISED WORKS
  87. 2NEW LEVEL CROSSINGS TO BE PROVIDED IN SUBSTITUTION FOR EXISTING LEVEL CROSSINGS
  88. 3LEVEL CROSSINGS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  89. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  90. Schedule 9: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  91. Apparatus of statutory undertakers etc. on land acquired
  92. 1Paragraph 1
  93. Apparatus of statutory undertakers etc. in stopped up streets
  94. 2Paragraph 2
  95. Railway and navigation undertakings
  96. 3Paragraph 3
  97. Schedule 10: PROTECTIVE PROVISIONS
  98. Part 1: PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
  99. 1Paragraph 1
  100. 2Paragraph 2
  101. 3Paragraph 3
  102. 4Paragraph 4
  103. 5Paragraph 5
  104. 6Paragraph 6
  105. 7Paragraph 7
  106. 8Paragraph 8
  107. 9Paragraph 9
  108. 10Paragraph 10
  109. 11Paragraph 11
  110. 12Paragraph 12
  111. 13Paragraph 13
  112. 14Paragraph 14
  113. 15Paragraph 15
  114. 16Paragraph 16
  115. 17Paragraph 17
  116. Part 2: PROTECTION OF NATIONAL GRID GAS PLC
  117. Interpretation
  118. 18Paragraph 18
  119. Temporarily stopped up streets, etc: maintenance of apparatus
  120. 19Paragraph 19
  121. Acquisition of apparatus
  122. 20Paragraph 20
  123. Removal of apparatus: alternative apparatus
  124. 21Paragraph 21
  125. 22Paragraph 22
  126. Protection of apparatus
  127. 23Paragraph 23
  128. Stopped up highways: access to apparatus
  129. 24Paragraph 24
  130. Repayment of expenses
  131. 25Paragraph 25
  132. Indemnity
  133. 26Paragraph 26
  134. Payment for redundant apparatus
  135. 27Paragraph 27
  136. Existing enactments and agreements
  137. 28Paragraph 28
  138. Part 3: PROTECTION OF CABLE AND WIRELESS PLC
  139. 29Paragraph 29
  140. 30Paragraph 30
  141. 31Paragraph 31
  142. 32Paragraph 32
  143. Explanatory note