The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005
S.I. 2005/2786 · Made 7 October 2005
TRANSPORT AND WORKS, ENGLAND
CANALS AND INLAND WATERWAYS, ENGLAND
Made 7th October 2005
Coming into force in accordance with article 1
Whereas an application under section 6 of the Transport and Works Act 1992f1 (“the 1992 Act”) has been made to the Secretary of State for the Environment, Food and Rural Affairs (“the Secretary of State”) by Leicestershire County Council (“the applicant”) in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000f2, made under sections 6, 6A, 7(3)(b) and (c) and (4), and 10 of the 1992 Act, for an Order under section 3 of the 1992 Act;
And whereas the Secretary of State has 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of State, in accordance with section 10(4) of the 1992 Act, taking into consideration the objections made and not withdrawn and the report of the person who held the inquiry, has under section 13(1) of the 1992 Act determined to make an Order giving effect to the proposals comprised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 in the proposals;
And whereas, in accordance with section 14(1)(a) and (3) of the 1992 Act, notice of her determination has been given to the applicant and every person who made an objection which was referred to the inquiry, and, in accordance with 14(1)(b) and (3) of the 1992 Act, notice of that determination was published in the London Gazette;
Now, therefore, the Secretary of State, in exercise of the powers conferred on her by sections 3 and 5 of, and paragraphs 1 to 5, 7, 8, 10 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
- f2
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: WORKS PROVISION
- 3Power to construct works
- 4Power to deviate
- 5Power to execute street works
- 6Stopping up of streets
- 7Temporary stopping up of streets
- 8Access to works
- 9Application of the 1991 Act
- 10Maintenance of new or altered streets
- 11Construction of bridges and aqueducts
- 12Agreements with street authorities
- 13Discharge of water
- 14Power to abstract groundwater
- 15Power to survey and investigate land
- Part 3: ACQUISITION AND POSSESSION OF LAND
- 16Power to acquire land
- 17Application of Part 1 of the Compulsory Purchase Act 1965
- 18Powers to acquire new rights
- 19Temporary use of land for construction of works
- 20Disregard of certain interests and improvements
- 21Acquisition of part of certain properties
- 22Extinction or suspension of private rights of way
- 23Time limit for exercise of powers of acquisition
- Part 4: REGULATION AND MANAGEMENT OF THE CANAL
- 24Power to make byelaws
- 25Operational powers
- 26Limit of jurisdiction
- 27Application of existing enactments
- 28Agreements with British Waterways
- 29Transfer of the Canal
- Part 5: MISCELLANEOUS AND GENERAL
- 30Disclosure of confidential information
- 31Statutory undertakers, etc.
- 32Protection of the Environment Agency
- 33Certification of plans, etc.
- 34Service of notices
- 35Exclusion of double recovery
- 36Arbitration
- 37Consent and approvals
- Signature
- Schedule 1SCHEDULED WORKS
- Schedule 2: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC
- 1Paragraph 1
- 2Paragraph 2
- Schedule 3LAND ON WHICH WORKS OUTSIDE THE LIMITS OF DEVIATION MAY BE CARRIED OUT
- Schedule 4STREETS SUBJECT TO STREET WORKS
- Schedule 5STREETS TO BE PERMANENTLY STOPPED UP
- Schedule 6STREETS TO BE TEMPORARILY STOPPED UP
- Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW EASEMENTS AND RIGHTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 9: TRANSFER OF CANAL TO BRITISH WATERWAYS BOARD
- 1Paragraph 1
- 2Paragraph 2
- Schedule 10: PROVISIONS FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 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
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Explanatory note