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The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020

S.I. 2020/114 · Made 4 February 2020

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Transport And Works, England

Transport, England

Made 4th February 2020

Coming into force 25th February 2020

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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 3rd February 2020.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11 and 16 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. 2015/627, S.I. 2017/979 and S.I. 2017/1070.

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. 8Closure of road level crossings
  13. 9Replacement and closure of footpath level crossings
  14. 10Accommodation crossings
  15. Streets
  16. 11Power to alter layout etc. of streets
  17. 12Power to execute street works
  18. 13Stopping up of streets
  19. 14Temporary stopping up of streets
  20. 15Construction and maintenance of new or altered highways
  21. 16Access to works
  22. 17Agreements with street authorities
  23. 18Construction of bridges
  24. Supplemental powers
  25. 19Discharge of water
  26. 20Protective works to buildings
  27. 21Power to survey and investigate land
  28. Part 3: ACQUISITION AND POSSESSION OF LAND
  29. Powers of Acquisition
  30. 22Power to acquire land
  31. 23Application of Part 1 of the 1965 Act
  32. 24Application of the 1981 Act
  33. 25Power to acquire new rights
  34. 26Power to acquire subsoil or airspace only
  35. 27Rights under or over streets
  36. Temporary possession of land
  37. 28Temporary use of land for construction of works
  38. 29Temporary use of land for maintenance of works
  39. 30Temporary use of land for access
  40. Compensation
  41. 31Disregard of certain interests and improvements
  42. Supplementary
  43. 32Extinction or suspension of private rights of way
  44. 33Time limit for exercise of powers of acquisition
  45. Part 4: MISCELLANEOUS AND GENERAL
  46. 34Power to transfer undertaking
  47. 35Defence to proceedings in respect of statutory nuisance
  48. 36Power to lop trees overhanging the authorised works
  49. 37Power to operate and use railway
  50. 38Planning Permission
  51. 39Obstruction of construction of authorised works
  52. 40Disclosure of confidential information
  53. 41Statutory undertakers etc.
  54. 42Certification of plans etc.
  55. 43Service of notices
  56. 44Protection of interests
  57. 45No double recovery
  58. 46Arbitration
  59. Signature
  60. Schedule 1SCHEDULED WORKS
  61. Schedule 2ACQUISITION OF LAND FOR ANCILLARY WORKS
  62. Schedule 3LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
  63. Schedule 4LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  64. Schedule 5: REPLACEMENT AND CLOSURE OF ROAD LEVEL CROSSINGS
  65. 1LEVEL CROSSINGS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  66. 2LEVEL CROSSINGS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  67. Schedule 6: REPLACEMENT AND CLOSURE OF FOOTPATH LEVEL CROSSINGS
  68. 1LEVEL CROSSINGS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  69. 2LEVEL CROSSINGS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  70. Schedule 7: ACCOMMODATION CROSSINGS
  71. 1ACCOMMODATION CROSSINGS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  72. 2ACCOMMODATION CROSSINGS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  73. Schedule 8STREETS SUBJECT TO ALTERATION OF LAYOUT
  74. Schedule 9STREETS SUBJECT TO STREET WORKS
  75. Schedule 10: STREETS TO BE STOPPED UP
  76. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  77. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  78. Schedule 11STREETS TO BE TEMPORARILY STOPPED UP
  79. Schedule 12ACCESS TO WORKS
  80. Schedule 13: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  81. Compensation enactments
  82. 1Paragraph 1
  83. 2Paragraph 2
  84. 3Paragraph 3
  85. Application of Part 1 of the 1965 Act
  86. 4Paragraph 4
  87. 5Paragraph 5
  88. Schedule 14TEMPORARY USE OF LAND FOR ACCESS
  89. Schedule 15: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  90. Apparatus of statutory undertakers etc. on land acquired
  91. 1Paragraph 1
  92. Apparatus of statutory undertakers etc. in stopped up streets
  93. 2Paragraph 2
  94. Schedule 16: PROTECTIVE PROVISIONS
  95. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  96. 1Application
  97. 2Application
  98. 3Application
  99. 4Interpretation
  100. 5Acquisition of apparatus
  101. 6Alternative apparatus
  102. 7Alternative apparatus
  103. 8Existing apparatus: protection and access
  104. 9Expenses
  105. 10Damage to apparatus: costs, losses, etc.
  106. 11Enactments and agreements
  107. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  108. 12Paragraph 12
  109. 13Paragraph 13
  110. 14Paragraph 14
  111. 15Paragraph 15
  112. Part 3: FOR THE PROTECTION OF DRAINAGE AUTHORITIES AND THE ENVIRONMENT AGENCY
  113. 16Paragraph 16
  114. 17Paragraph 17
  115. 18Paragraph 18
  116. 19Paragraph 19
  117. 20Paragraph 20
  118. 21Paragraph 21
  119. 22Paragraph 22
  120. 23Paragraph 23
  121. 24Paragraph 24
  122. 25Paragraph 25
  123. 26Paragraph 26
  124. Explanatory note