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The Luton Dunstable Translink Order 2006

S.I. 2006/3118 · Made 22 November 2006

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

TRANSPORT, ENGLAND

Made 22nd November 2006

Coming into force 13th December 2006

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 made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992f2 (“the 1992 Act”), for an Order under sections 1 and 5 of 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 his opinion do not make any substantial change in the proposals;

Notice of the Secretary of State’s determination was published in the London Gazette on 8th November 2006;

Accordingly the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7 to 13 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.

f2

1992 c. 42. As amended by S.I. 1995/1541, 1998/2226, 2000/3199, 2006/557 and 2006/958.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application of the 1991 Act
  5. Part 2: WORKS PROVISIONS
  6. Principal Powers
  7. 4Power to construct and maintain works
  8. 5Power to deviate
  9. Streets
  10. 6Power to alter layout of streets
  11. 7Power to keep apparatus in streets
  12. 8Power to execute street works
  13. 9Stopping up of streets
  14. 10Temporary stopping up of streets
  15. 11Access to works
  16. 12Construction and maintenance of new or altered streets
  17. 13Construction of bridges and tunnels
  18. 14Agreements with street authorities
  19. Supplementary
  20. 15Discharge of water
  21. 16Protective works to buildings
  22. 17Power to survey and investigate land
  23. 18Town and country planning
  24. Part 3: ACQUISITION AND POSSESSION OF LAND
  25. Powers of acquisition
  26. 19Power to acquire land
  27. 20Application of Part 1 of the Compulsory Purchase Act 1965
  28. 21Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  29. 22Power to acquire new rights
  30. 23Rights under or over streets
  31. Temporary possession of land
  32. 24Temporary use of land for construction of works
  33. Compensation
  34. 25Disregard of certain interests and improvements
  35. Supplementary
  36. 26Acquisition of part of certain properties
  37. 27Extinction or suspension of private rights of way
  38. 28Time limit for exercise of powers of acquisition
  39. Part 4: OPERATION OF TRANSLINK
  40. 29Power to operate and use Translink
  41. 30Power to charge fares
  42. 31Traffic control
  43. 32Traffic regulation
  44. 33Power to fell or lop trees overhanging the authorised busway
  45. 34Trespass on the authorised busway
  46. 35Service subsidy agreements
  47. 36Concessionary travel
  48. 37Registration of busway services
  49. 38Substitute road services
  50. 39Obstruction of construction of Translink
  51. 40Power to make byelaws
  52. 41Power to contract for police services
  53. Part 5: MISCELLANEOUS AND GENERAL
  54. 42Power to transfer undertaking
  55. 43Disclosure of confidential information
  56. 44Public open space
  57. 45Application of landlord and tenant law
  58. 46Statutory undertakers etc.
  59. 47Application of existing enactments
  60. 48Power of Council and County Council to make agreements
  61. 49For the protection of Council and County Council in the event of transfer
  62. 50Protective provisions
  63. 51Certification of plans etc.
  64. 52Service of notices
  65. 53No double recovery
  66. 54Arbitration
  67. Signature
  68. Schedule 1SCHEDULED WORKS
  69. Schedule 2ACQUISITION OF CERTAIN LAND
  70. Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
  71. Schedule 4: STREETS TO BE STOPPED UP
  72. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  73. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  74. Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
  75. Schedule 6ACCESS TO WORKS
  76. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  77. Compensation enactments
  78. 1Paragraph 1
  79. 2Paragraph 2
  80. Adaptation of the 1965 Act
  81. 3Paragraph 3
  82. 4Paragraph 4
  83. 5Paragraph 5
  84. 6Paragraph 6
  85. 7Paragraph 7
  86. 8Paragraph 8
  87. 9Paragraph 9
  88. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  89. Schedule 9: TRAFFIC REGULATION ORDERS
  90. 1BUS LANES
  91. 2PROHIBITION OF ACCESS
  92. Schedule 10: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  93. Apparatus of statutory undertakers etc. on land acquired
  94. 1Paragraph 1
  95. Apparatus of statutory undertakers etc. in stopped up streets
  96. 2Paragraph 2
  97. Railway and navigation undertakings
  98. 3Paragraph 3
  99. Schedule 11: PROTECTIVE PROVISIONS
  100. Part 1: PROTECTION FOR ELECTRICITY, GAS AND WATER UNDERTAKERS
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 3Paragraph 3
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. 6Paragraph 6
  107. 7Paragraph 7
  108. 8Paragraph 8
  109. 9Paragraph 9
  110. 10Paragraph 10
  111. 11Paragraph 11
  112. 12Paragraph 12
  113. 13Paragraph 13
  114. Part 2: PROTECTION OF PUBLIC COMMUNICATIONS PROVIDER
  115. 14Paragraph 14
  116. 15Paragraph 15
  117. Part 3: PROTECTION FOR SEWERAGE UNDERTAKERS
  118. 16Paragraph 16
  119. 17Paragraph 17
  120. 18Paragraph 18
  121. 19Paragraph 19
  122. 20Paragraph 20
  123. 21Paragraph 21
  124. 22Paragraph 22
  125. 23Paragraph 23
  126. 24Paragraph 24
  127. 25Paragraph 25
  128. Part 4: PROTECTION FOR ENVIRONMENT AGENCY
  129. 26Paragraph 26
  130. Part 5: PROTECTION FOR NETWORK RAIL INFRASTRUCTURE LIMITED
  131. 27Paragraph 27
  132. 28Paragraph 28
  133. 29Paragraph 29
  134. 30Paragraph 30
  135. 31Paragraph 31
  136. 32Paragraph 32
  137. 33Paragraph 33
  138. 34Paragraph 34
  139. 35Paragraph 35
  140. 36Paragraph 36
  141. 37Paragraph 37
  142. 38Paragraph 38
  143. 39Paragraph 39
  144. 40Paragraph 40
  145. 41Paragraph 41
  146. 42Paragraph 42
  147. 43Paragraph 43
  148. Part 6: PROTECTION FOR HIGHWAY AUTHORITIES
  149. 44Paragraph 44
  150. Part 7: FOR PROTECTION OF CERTAIN LAND NEAR JEANS WAY, LUTON
  151. 45Paragraph 45
  152. Explanatory note