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The Network Rail (Hitchin (Cambridge Junction)) Order 2011

S.I. 2011/1072 · Made 31 March 2011 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2017.

Transport And Works, England

Transport, England

Made 31st March 2011

Coming into force 21st April 2011

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 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 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 30th March 2011.

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 and 15 to 17 of Schedule 1 to, the 1992 Act, makes the following Order:—

Annotations to the whole text

Footnotes

f1

S.I. 2006/1466.

f2

1992 c. 42. Part 1 of this Act is amended by S.I. 1995/1541, S.I. 1998/2226, S.I. 2000/3199 and S.I. 2006/958.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of Railways Clauses Consolidation Act 1845
  5. 4Application of the 1991 Act
  6. Part 2: WORKS PROVISIONS
  7. Principal powers
  8. 5Power to construct and maintain works
  9. 6Power to deviate
  10. Streets
  11. 7Power to alter layout, etc., of streets
  12. 8Power to execute street works
  13. 9Construction of new and stopping up of existing streets
  14. 10Temporary stopping up and diversion of streets
  15. 11Access to works
  16. 12Construction and maintenance of new or altered streets
  17. 13Agreements with street authorities
  18. Supplemental powers
  19. 14Discharge of water
  20. 15Power to survey and investigate land
  21. 16Obstruction of construction of authorised works
  22. Part 3: ACQUISITION AND POSSESSION OF LAND
  23. Powers of acquisition
  24. 17Power to acquire land
  25. 18Application of Part 1 of the Compulsory Purchase Act 1965
  26. 19Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  27. 20Power to acquire new rights
  28. 21New rights, etc., only to be acquired in certain lands
  29. 22Power to acquire subsoil only
  30. 23Rights under or over streets
  31. Temporary possession of land
  32. 24Temporary use of land for construction of works
  33. 25Temporary use of land for maintenance of works
  34. Compensation
  35. 26Disregard of certain interests and improvements
  36. 27Set-off for enhancement in value of retained land
  37. Supplementary
  38. 28Acquisition of part of certain properties
  39. 29Extinguishment or suspension of private rights of way
  40. 30Open space
  41. 31Time limit for exercise of powers of acquisition
  42. Part 4: OPERATION OF THE AUTHORISED RAILWAY
  43. 32Power to lop trees
  44. Part 5: PROTECTIVE PROVISIONS
  45. 33Statutory undertakers, etc.
  46. 34For protection of electricity, gas, water and sewerage undertakers
  47. 35For protection of the Environment Agency
  48. Part 6: MISCELLANEOUS AND GENERAL
  49. 36Planning permission: supplementary matters
  50. 37Traffic regulation
  51. 38Power to transfer undertaking
  52. 39Application of landlord and tenant law
  53. 40Disclosure of confidential information
  54. Noise
  55. 41Defence to proceedings in respect of statutory nuisance
  56. 42Certification of plans, etc.
  57. 43Service of notices
  58. 44No double recovery
  59. 45Arbitration
  60. Signature
  61. Schedule 1SCHEDULED WORKS
  62. Schedule 2STREET SUBJECT TO ALTERATION OF LAYOUT
  63. Schedule 3STREETS SUBJECT TO STREET WORKS
  64. Schedule 4STREETS TO BE STOPPED UP AND PROVISION OF SUBSTITUTES
  65. Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
  66. Schedule 6ACCESS TO WORKS
  67. Schedule 7ACQUISITION OF CERTAIN LANDS
  68. Schedule 8: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  69. Compensation enactments
  70. 1Paragraph 1
  71. 2Paragraph 2
  72. Application of the 1965 Act
  73. 3Paragraph 3
  74. 4Paragraph 4
  75. 5Paragraph 5
  76. 6Paragraph 6
  77. 7Paragraph 7
  78. 8Paragraph 8
  79. 9Paragraph 9
  80. Schedule 9LAND IN WHICH NEW RIGHTS, ETC., ONLY MAY BE ACQUIRED
  81. Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  82. Schedule 11: STATUTORY UNDERTAKERS, ETC.
  83. Apparatus of statutory undertakers, etc., on land acquired
  84. 1Paragraph 1
  85. Apparatus of statutory undertakers, etc., in stopped up streets
  86. 2Paragraph 2
  87. 3Paragraph 3
  88. Schedule 12: FOR PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  89. Interpretation
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. 6Paragraph 6
  96. 7Paragraph 7
  97. 8Paragraph 8
  98. 9Paragraph 9
  99. 10Paragraph 10
  100. Schedule 13: FOR PROTECTION OF THE ENVIRONMENT AGENCY
  101. 1Paragraph 1
  102. Consents or Approvals
  103. 2Paragraph 2
  104. Works by the Agency
  105. 3Paragraph 3
  106. Ground Investigation Programme and Remediation Strategy
  107. 4Paragraph 4
  108. Piling Works
  109. 5Paragraph 5
  110. Replacement public open space
  111. 6Paragraph 6
  112. Attenuation Basin
  113. 7Paragraph 7
  114. Contaminated Land Management Plan
  115. 8Paragraph 8
  116. Bioswales
  117. 9Paragraph 9
  118. Contamination not previously identified
  119. 10Paragraph 10
  120. Arbitration
  121. 11Paragraph 11
  122. Schedule 14TRAFFIC REGULATION
  123. Explanatory note