OpenLegislation

The Ipswich Barrier Order 2012

S.I. 2012/1867 · Made 16 July 2012 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2017.

Transport And Works, England

Made 16th July 2012

Coming into force 7th August 2012

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The Secretary of State, having considered the objections made and not withdrawn, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State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

S.I. 2006/1466.

f2

1992 c. 42.

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. Part 2: WORKS PROVISIONS
  5. Principal powers
  6. 3Power to construct and maintain works
  7. 4Power to deviate
  8. Streets and rights of way
  9. 5Power to execute street works
  10. 6Extinguishment and diversion of rights of way
  11. 7Temporary stopping up of streets
  12. Supplementary powers and provisions
  13. 8Power to dredge etc.
  14. 9River not to be a reservoir
  15. 10Agreements with owners of land and others for construction of works
  16. 11Temporary closing of river in connection with works
  17. 12Diversion of flow of water
  18. 13Power to take, pump, impound and discharge water
  19. 14Application of docks legislation
  20. Part 3: PROVISIONS RELATING TO TIDAL WORKS
  21. 15Tidal works not to be executed without approval of Secretary of State
  22. 16Lights on tidal works during construction
  23. 17Provisions against danger to navigation
  24. 18Abatement of works abandoned or decayed
  25. 19Survey of tidal works
  26. 20Permanent lights on tidal works
  27. Part 4: ACQUISITION AND POSSESSION OF LAND
  28. Powers of acquisition
  29. 21Power to acquire land
  30. 22Application of Part 1 of the Compulsory Purchase Act 1965
  31. 23Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  32. 24Power to acquire new rights
  33. 25Power to acquire subsoil only
  34. 26New rights only to be acquired in certain lands
  35. Temporary possession of land
  36. 27Temporary possession of land for construction purposes
  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 etc. over land
  44. 33Time limit for exercise of powers of acquisition
  45. Part 5: OPERATION OF SCHEDULED WORKS ETC.
  46. 34Power to operate scheduled works
  47. 35Misuse of scheduled works, etc.
  48. Navigation
  49. 36Navigation etc. in vicinity of barrier
  50. 37Removal of vessels
  51. 38Arbitration in respect of removal of vessels
  52. 39Removal of obstructions other than vessels
  53. 40Arbitration in respect of removal of obstructions other than vessels
  54. 41Emergency powers and consents
  55. Byelaws
  56. 42Byelaws
  57. Part 6: PROTECTIVE PROVISIONS
  58. 43Protection of certain persons
  59. 44Protection of A.B. Ports
  60. 45Protection of Network Rail
  61. 46Saving for Trinity House
  62. 47Crown rights
  63. 48Minerals
  64. Part 7: MISCELLANEOUS AND GENERAL
  65. 49Power to transfer undertaking
  66. 50Obstructing execution of Order
  67. 51Defence of due diligence
  68. 52Defence to proceedings in respect of statutory nuisance
  69. 53Certification of plans etc.
  70. 54Arbitration
  71. 55No double recovery
  72. 56Service of notices
  73. Signature
  74. Schedule 1DESCRIPTION OF THE SCHEDULED WORKS
  75. Schedule 2: DIVERSION OF POSSIBLE RIGHTS OF WAY
  76. 1SUBSTITUTED WAYS FOR ALLEGED RIGHTS OF WAY IF SUCH RIGHTS ARE ESTABLISHED
  77. 2PATHS TO BE TEMPORARILY STOPPED UP
  78. Schedule 3: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  79. 1Paragraph 1
  80. 2Paragraph 2
  81. 3Paragraph 3
  82. 4Paragraph 4
  83. 5Paragraph 5
  84. 6Paragraph 6
  85. 7Paragraph 7
  86. 8Paragraph 8
  87. 9Paragraph 9
  88. Schedule 4ACQUISITION OF NEW RIGHTS ONLY
  89. Schedule 5LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  90. Schedule 6: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  91. Apparatus of statutory undertakers etc. on land acquired
  92. 1Paragraph 1
  93. 2Paragraph 2
  94. 3Paragraph 3
  95. 4Paragraph 4
  96. 5Paragraph 5
  97. 6Paragraph 6
  98. Schedule 7: PROTECTION OF A.B. PORTS
  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. Schedule 8: PROTECTION OF NETWORK RAIL
  112. 1Paragraph 1
  113. 2Paragraph 2
  114. 3Paragraph 3
  115. 4Paragraph 4
  116. 5Paragraph 5
  117. 6Paragraph 6
  118. 7Paragraph 7
  119. 8Paragraph 8
  120. 9Paragraph 9
  121. 10Paragraph 10
  122. 11Paragraph 11
  123. 12Paragraph 12
  124. 13Paragraph 13
  125. 14Paragraph 14
  126. 15Paragraph 15
  127. 16Paragraph 16
  128. 17Paragraph 17
  129. 18Paragraph 18
  130. 19Paragraph 19
  131. 20Paragraph 20
  132. Explanatory note