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The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005

S.I. 2005/2786 · Made 7 October 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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of State, in accordance with section 10(4) of the 1992 Act, taking into consideration the objections made and not withdrawn and the report of the person who held the inquiry, has under section 13(1) of the 1992 Act determined to make an Order giving effect to the proposals comprised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

1992 c. 42.

f2

S.I. 2000/2190.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: WORKS PROVISION
  5. 3Power to construct works
  6. 4Power to deviate
  7. 5Power to execute street works
  8. 6Stopping up of streets
  9. 7Temporary stopping up of streets
  10. 8Access to works
  11. 9Application of the 1991 Act
  12. 10Maintenance of new or altered streets
  13. 11Construction of bridges and aqueducts
  14. 12Agreements with street authorities
  15. 13Discharge of water
  16. 14Power to abstract groundwater
  17. 15Power to survey and investigate land
  18. Part 3: ACQUISITION AND POSSESSION OF LAND
  19. 16Power to acquire land
  20. 17Application of Part 1 of the Compulsory Purchase Act 1965
  21. 18Powers to acquire new rights
  22. 19Temporary use of land for construction of works
  23. 20Disregard of certain interests and improvements
  24. 21Acquisition of part of certain properties
  25. 22Extinction or suspension of private rights of way
  26. 23Time limit for exercise of powers of acquisition
  27. Part 4: REGULATION AND MANAGEMENT OF THE CANAL
  28. 24Power to make byelaws
  29. 25Operational powers
  30. 26Limit of jurisdiction
  31. 27Application of existing enactments
  32. 28Agreements with British Waterways
  33. 29Transfer of the Canal
  34. Part 5: MISCELLANEOUS AND GENERAL
  35. 30Disclosure of confidential information
  36. 31Statutory undertakers, etc.
  37. 32Protection of the Environment Agency
  38. 33Certification of plans, etc.
  39. 34Service of notices
  40. 35Exclusion of double recovery
  41. 36Arbitration
  42. 37Consent and approvals
  43. Signature
  44. Schedule 1SCHEDULED WORKS
  45. Schedule 2: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC
  46. 1Paragraph 1
  47. 2Paragraph 2
  48. Schedule 3LAND ON WHICH WORKS OUTSIDE THE LIMITS OF DEVIATION MAY BE CARRIED OUT
  49. Schedule 4STREETS SUBJECT TO STREET WORKS
  50. Schedule 5STREETS TO BE PERMANENTLY STOPPED UP
  51. Schedule 6STREETS TO BE TEMPORARILY STOPPED UP
  52. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW EASEMENTS AND RIGHTS
  53. 1Paragraph 1
  54. 2Paragraph 2
  55. 3Paragraph 3
  56. 4Paragraph 4
  57. 5Paragraph 5
  58. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  59. Schedule 9: TRANSFER OF CANAL TO BRITISH WATERWAYS BOARD
  60. 1Paragraph 1
  61. 2Paragraph 2
  62. Schedule 10: PROVISIONS FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  63. 1Paragraph 1
  64. 2Paragraph 2
  65. 3Paragraph 3
  66. 4Paragraph 4
  67. 5Paragraph 5
  68. 6Paragraph 6
  69. 7Paragraph 7
  70. 8Paragraph 8
  71. 9Paragraph 9
  72. 10Paragraph 10
  73. 11Paragraph 11
  74. 12Paragraph 12
  75. 13Paragraph 13
  76. 14Paragraph 14
  77. 15Paragraph 15
  78. 16Paragraph 16
  79. 17Paragraph 17
  80. 18Paragraph 18
  81. 19Paragraph 19
  82. 20Paragraph 20
  83. 21Paragraph 21
  84. 22Paragraph 22
  85. 23Paragraph 23
  86. 24Paragraph 24
  87. 25Paragraph 25
  88. 26Paragraph 26
  89. Explanatory note