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The Network Rail (Chart Leacon) Order 2021

S.I. 2021/419 · Made 26 March 2021

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Transport And Works, England

Transport, England

Made 26th March 2021

Coming into force 16th April 2021

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 1 and 5 of the Transport and Works Act 1992f2 (“the 1992 Act”).

Objections to that application have been withdrawn.

The Secretary of State 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.

Notice of the Secretary of State’s determination was published in the London Gazette on 10th March 2021.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 3 to 5, 7 and 8, 10, 11, 16 and 17 of Schedule 1 to, the 1992 Act makes the following Order—

Annotations to the whole text

Footnotes

f1

S.I. 2006/1466, as amended by S.I. 2010/439, S.I. 2011/556, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2012/2590, S.I. 2013/755, S.I. 2014/469, S.I. 2015/377, S.I. 2015/627, 2015/1682, S.I. 2017/979, 2017/1070 and S.I. 2019/311.

f2

1992 c. 42. Section 1 was amended by paragraphs 51 and 52 of Schedule 2 to the Planning Act 2008 (c. 29). Section 5 was amended by S.I. 2012/1659.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and Commencement
  3. 2Interpretation
  4. Part 2: ACQUISITION AND POSSESSION OF LAND
  5. Powers of acquisition
  6. 3Power to acquire land
  7. 4Application of Part 1 of the 1965 Act
  8. 5Application of the 1981 Act
  9. 6Power to acquire new rights
  10. 7Power to acquire subsoil only
  11. Temporary Possession of Land
  12. 8Temporary possession of land
  13. Compensation
  14. 9Disregard of certain interests and improvements
  15. 10Set-off for enhancement in value of retained land
  16. Supplementary
  17. 11Extinction or suspension of private rights of way
  18. 12Time limit for exercise of powers of acquisition
  19. Part 3: MISCELLANEOUS AND GENERAL
  20. Streets
  21. 13Street to be stopped up
  22. Miscellaneous and General
  23. 14Power to survey and investigate land
  24. 15Disclosure of confidential information
  25. 16Statutory undertakers, etc.
  26. 17Certification of plans, etc.
  27. 18Service of notices
  28. 19No double recovery
  29. 20Arbitration
  30. 21Protective provisions
  31. Signature
  32. Schedule 1: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  33. Compensation enactments
  34. 1Paragraph 1
  35. 2Paragraph 2
  36. 3Paragraph 3
  37. Application of Part 1 of the 1965 Act
  38. 4Paragraph 4
  39. 5Paragraph 5
  40. Schedule 2LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  41. Schedule 3LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED
  42. Schedule 4STREET TO BE STOPPED UP
  43. Schedule 5: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  44. Part 1: APPARATUS OF STATUTORY UNDERTAKERS, ETC. ON LAND ACQUIRED
  45. 1Paragraph 1
  46. 2Paragraph 2
  47. 3Paragraph 3
  48. 4Paragraph 4
  49. 5Paragraph 5
  50. 6Paragraph 6
  51. Part 2: APPARATUS OF STATUTORY UNDERTAKERS, ETC. IN STOPPED UP STREETS
  52. 7Paragraph 7
  53. 8Paragraph 8
  54. 9Paragraph 9
  55. 10Paragraph 10
  56. 11Paragraph 11
  57. 12Paragraph 12
  58. 13Paragraph 13
  59. 14Paragraph 14
  60. Schedule 6: PROTECTIVE PROVISIONS
  61. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  62. 1Application
  63. 2Application
  64. 3Application
  65. 4Interpretation
  66. 5Acquisition of apparatus
  67. 6Alternative apparatus
  68. 7Alternative apparatus
  69. 8Existing apparatus: protection and access
  70. 9Expenses
  71. 10Damage to apparatus: costs, losses, etc.
  72. 11Enactments and agreements
  73. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORK
  74. 12Paragraph 12
  75. 13Paragraph 13
  76. 14Paragraph 14
  77. 15Paragraph 15
  78. Part 3: FOR THE PROTECTION OF SOUTHERN GAS NETWORKS PLC AS GAS UNDERTAKER
  79. 16Application
  80. 17Interpretation
  81. 18On street apparatus
  82. 19Apparatus of SGN in stopped up streets
  83. 20Acquisition of land
  84. 21Removal of apparatus
  85. 22Facilities and rights for alternative apparatus
  86. 23Retained apparatus: protection of SGN
  87. 24Expenses
  88. 25Indemnity
  89. 26Enactments and agreements
  90. 27Co-operation
  91. 28Access
  92. 29Arbitration
  93. 30Notices
  94. Part 4: FOR THE PROTECTION OF SOUTH EASTERN POWER NETWORKS PLC
  95. 31Paragraph 31
  96. 32Paragraph 32
  97. 33On street apparatus
  98. 34Acquisition of land
  99. 35Removal of apparatus
  100. 36Facilities and rights for alternative apparatus
  101. 37Retained apparatus
  102. 38Expenses and costs
  103. 39Compensation
  104. 40Co-operation
  105. 41Enactments and agreements
  106. Explanatory note