The Ipswich Barrier Order 2012
S.I. 2012/1867 · Made 16 July 2012 · Extends to England, Wales and Scotland
Transport And Works, England
Made 16th July 2012
Coming into force 7th August 2012
The Secretary of State, having considered the objections made and not withdrawn, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State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 2nd July 2012.
The Secretary of State 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 makes the following Order:—
Annotations to the whole text
Footnotes
- f1
- f2
- f3
- f4
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S.I. 1992/3230 as amended by S.I. 1997/2906.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: WORKS PROVISIONS
- Principal powers
- 3Power to construct and maintain works
- 4Power to deviate
- Streets and rights of way
- 5Power to execute street works
- 6Extinguishment and diversion of rights of way
- 7Temporary stopping up of streets
- Supplementary powers and provisions
- 8Power to dredge etc.
- 9River not to be a reservoir
- 10Agreements with owners of land and others for construction of works
- 11Temporary closing of river in connection with works
- 12Diversion of flow of water
- 13Power to take, pump, impound and discharge water
- 14Application of docks legislation
- Part 3: PROVISIONS RELATING TO TIDAL WORKS
- 15Tidal works not to be executed without approval of Secretary of State
- 16Lights on tidal works during construction
- 17Provisions against danger to navigation
- 18Abatement of works abandoned or decayed
- 19Survey of tidal works
- 20Permanent lights on tidal works
- Part 4: ACQUISITION AND POSSESSION OF LAND
- Powers of acquisition
- 21Power to acquire land
- 22Application of Part 1 of the Compulsory Purchase Act 1965
- 23Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 24Power to acquire new rights
- 25Power to acquire subsoil only
- 26New rights only to be acquired in certain lands
- Temporary possession of land
- 27Temporary possession of land for construction purposes
- 28Temporary use of land for maintenance of works
- Compensation
- 29Disregard of certain interests and improvements
- 30Set-off for enhancement in value of retained land
- Supplementary
- 31Acquisition of part of certain properties
- 32Extinction or suspension of private rights of way etc. over land
- 33Time limit for exercise of powers of acquisition
- Part 5: OPERATION OF SCHEDULED WORKS ETC.
- 34Power to operate scheduled works
- 35Misuse of scheduled works, etc.
- Navigation
- 36Navigation etc. in vicinity of barrier
- 37Removal of vessels
- 38Arbitration in respect of removal of vessels
- 39Removal of obstructions other than vessels
- 40Arbitration in respect of removal of obstructions other than vessels
- 41Emergency powers and consents
- Byelaws
- 42Byelaws
- Part 6: PROTECTIVE PROVISIONS
- 43Protection of certain persons
- 44Protection of A.B. Ports
- 45Protection of Network Rail
- 46Saving for Trinity House
- 47Crown rights
- 48Minerals
- Part 7: MISCELLANEOUS AND GENERAL
- 49Power to transfer undertaking
- 50Obstructing execution of Order
- 51Defence of due diligence
- 52Defence to proceedings in respect of statutory nuisance
- 53Certification of plans etc.
- 54Arbitration
- 55No double recovery
- 56Service of notices
- Signature
- Schedule 1DESCRIPTION OF THE SCHEDULED WORKS
- Schedule 2: DIVERSION OF POSSIBLE RIGHTS OF WAY
- 1SUBSTITUTED WAYS FOR ALLEGED RIGHTS OF WAY IF SUCH RIGHTS ARE ESTABLISHED
- 2PATHS TO BE TEMPORARILY STOPPED UP
- Schedule 3: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 4ACQUISITION OF NEW RIGHTS ONLY
- Schedule 5LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 6: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
- Apparatus of statutory undertakers etc. on land acquired
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 7: PROTECTION OF A.B. PORTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 8: PROTECTION OF NETWORK RAIL
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Explanatory note