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The Network Rail (Church Fenton Level Crossing Reduction) Order 2024

S.I. 2024/526 · Made 4 April 2024

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 4th April 2024

Coming into force 25th April 2024

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”).

The Secretary of State caused an inquiry to be held for the purposes of the application under 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 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 1st December 2023.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 4, 7, 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, S.I. 2015/1682, S.I. 2017/979, S.I. 2017/1070, S.I. 2019/311, S.I. 2023/424 and S.I. 2023/795.

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. 3Incorporation of the Railway Clauses Acts
  5. 4Application of the 1991 Act
  6. 5Disapplication of legislative provisions
  7. Part 2: WORKS PROVISIONS
  8. Principal powers
  9. 6Power to construct and maintain works
  10. 7Power to deviate
  11. Level Crossings
  12. 8Accommodation crossings
  13. 9Power to execute street works
  14. 10Power to alter layout etc. of streets
  15. 11Temporary stopping up of streets
  16. 12Access to works
  17. 13Construction and maintenance of new or altered highways
  18. 14Construction of bridges
  19. 15Agreements with street authorities
  20. Supplemental powers
  21. 16Discharge of water
  22. 17Power to survey and investigate land
  23. Part 3: ACQUISITION AND POSSESSION OF LAND
  24. Powers of Acquisition
  25. 18Power to acquire land
  26. 19Application of Part 1 of the 1965 Act
  27. 20Application of the 1981 Act
  28. 21Power to acquire new rights
  29. 22Rights under or over streets
  30. Temporary possession of land
  31. 23Temporary use of land for construction of works
  32. 24Temporary use of land for maintenance of works
  33. Compensation
  34. 25Disregard of certain interests and improvements
  35. Supplementary
  36. 26Extinction or suspension of private rights of way
  37. 27Time limit for exercise of powers of acquisition
  38. Part 4: MISCELLANEOUS AND GENERAL
  39. 28Defence to proceedings in respect of statutory nuisance
  40. 29Planning Permission
  41. 30Power to lop trees overhanging the authorised works
  42. 31Obstruction of construction of authorised works
  43. 32Traffic regulation
  44. 33Traffic signs
  45. 34Disclosure of confidential information
  46. 35Statutory undertakers etc.
  47. 36Protection of interests
  48. 37Certification of plans etc.
  49. 38Service of notices
  50. 39No double recovery
  51. 40Arbitration
  52. Signature
  53. Schedule 1SCHEDULED WORKS
  54. Schedule 2: ACQUISITION OF LAND FOR ANCILLARY AND ASSOCIATED WORKS
  55. 1ANCILLARY WORKS
  56. 2ASSOCIATED WORKS
  57. Schedule 3ACQUISITION OF NEW RIGHTS ONLY
  58. Schedule 4LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  59. Schedule 5ACCOMMODATION CROSSINGS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  60. Schedule 6STREETS SUBJECT TO STREET WORKS
  61. Schedule 7: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  62. Apparatus of statutory undertakers etc. on land acquired
  63. 1Paragraph 1
  64. Schedule 8STREETS SUBJECT TO ALTERATION OF LAYOUT
  65. Schedule 9STREETS TO BE TEMPORARILY STOPPED UP
  66. Schedule 10: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  67. Compensation enactments
  68. 1Paragraph 1
  69. 2Paragraph 2
  70. 3Paragraph 3
  71. Application of Part 1 of the 1965 Act
  72. 4Paragraph 4
  73. 5Paragraph 5
  74. Schedule 11: PROTECTIVE PROVISIONS
  75. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  76. 1Paragraph 1
  77. 2Paragraph 2
  78. 3Paragraph 3
  79. 4Paragraph 4
  80. 5Paragraph 5
  81. 6Paragraph 6
  82. 7Paragraph 7
  83. 8Paragraph 8
  84. 9Paragraph 9
  85. 10Paragraph 10
  86. 11Paragraph 11
  87. 12Paragraph 12
  88. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  89. 13Paragraph 13
  90. 14Paragraph 14
  91. 15Paragraph 15
  92. 16Paragraph 16
  93. Part 3: FOR THE PROTECTION OF INTERNAL DRAINAGE BOARD
  94. 17Paragraph 17
  95. 18Paragraph 18
  96. 19Paragraph 19
  97. 20Paragraph 20
  98. 21Paragraph 21
  99. 22Paragraph 22
  100. 23Paragraph 23
  101. 24Paragraph 24
  102. 25Paragraph 25
  103. Explanatory note