OpenLegislation

The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022

S.I. 2022/1067 · Made 13 October 2022

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 13th October 2022

Coming into force 3rd November 2022

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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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

The Secretary of State having considered representations duly made under section 13 of the 1992 Act, has determined to make the Order applied for with modification.

Notice of the Secretary of State’s determination was published in the London Gazette on 6 July 2022.

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, 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 was 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 and S.I. 2019/211.

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. 6Disapplication of legislative provisions relating to the surrender of an environmental permit
  8. 7Application of local railway enactments
  9. Part 2: WORKS PROVISIONS
  10. Chapter: Principal powers
  11. 8Power to construct and maintain works
  12. 9Station works at Huddersfield
  13. 10Station works at Deighton
  14. 11Station works at Mirfield
  15. 12Power to deviate
  16. Chapter: Streets
  17. 13Power to execute street works
  18. 14Stopping up of streets
  19. 15Power to alter layout etc. of streets
  20. 16Temporary stopping up of streets
  21. 17Access to works
  22. 18Construction and maintenance of new or altered streets
  23. 19Construction of bridges
  24. 20Agreements with street authorities
  25. Chapter: Accommodation Crossings
  26. 21Accommodation crossings
  27. Chapter: Supplemental powers
  28. 22Discharge of water
  29. 23Protective works to buildings, roads and apparatus of a statutory undertaker
  30. 24Power to survey and investigate land
  31. 25Temporary closure of, and works in the Huddersfield Broad Canal and the Calder and Hebble Navigation
  32. Part 3: ACQUISITION AND POSSESSION OF LAND
  33. Chapter: Powers of acquisition
  34. 26Power to acquire land
  35. 27Application of Part 1 of the 1965 Act
  36. 28Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  37. 29Power to acquire new rights
  38. 30Power to acquire ground anchor rights
  39. 31Power to acquire subsoil and imposition of restrictive covenants
  40. 32Power to acquire subsoil or airspace only
  41. 33Rights under or over streets
  42. Temporary Possession of Land
  43. 34Temporary use of land for construction of works
  44. 35Temporary use of land for maintenance of works
  45. 36Temporary use of land for access
  46. Compensation
  47. 37Disregard of certain interests and improvements
  48. 38Set-off for enhancement in value of retained land
  49. Supplementary
  50. 39Extinction or suspension of private rights of way
  51. 40Time limit for exercise of powers of acquisition
  52. Part 4: MISCELLANEOUS AND GENERAL
  53. 41Defence to proceedings in respect of statutory nuisance
  54. 42Planning permission
  55. 43Power to lop trees overhanging the authorised works
  56. 44Open space and exchange land
  57. 45Open space land
  58. 46Power to operate and use railway
  59. 47Disapplication of the 1887 Agreement
  60. 48Obstruction of construction of authorised works
  61. 49Traffic regulation
  62. 50Traffic signs
  63. 51Disclosure of confidential information
  64. 52Statutory undertakers etc.
  65. 53Protection of interests
  66. 54Certification of plans etc.
  67. 55Service of notices
  68. 56No double recovery
  69. 57Arbitration
  70. Signature
  71. Schedule 1SCHEDULED WORKS
  72. Schedule 2ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS
  73. Schedule 3STREETS SUBJECT TO STREET WORKS
  74. Schedule 4: STREETS TO BE STOPPED UP
  75. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  76. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  77. Schedule 5STREETS SUBJECT TO ALTERATION OF LAYOUT
  78. Schedule 6STREETS TO BE TEMPORARILY STOPPED UP
  79. Schedule 7ACCESS TO WORKS
  80. Schedule 8: ACCOMMODATION CROSSINGS
  81. 1ACCOMMODATION CROSSINGS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  82. 2ACCOMMODATION CROSSINGS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  83. Schedule 9LAND SUBJECT TO IMPOSITION OF RESTRICTIVE COVENANTS
  84. Schedule 10ACQUISITION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS ONLY
  85. Schedule 11IMPOSITION OF RESTRICTIVE COVENANTS ONLY
  86. Schedule 12: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS OR IMPOSITION OF RESTRICTIVE COVENANTS
  87. Compensation enactments
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. Application of Part 1 of the 1965 Act
  92. 4Paragraph 4
  93. 5Paragraph 5
  94. Schedule 13POWER TO ACQUIRE GROUND ANCHOR RIGHTS
  95. Schedule 14ACQUISITION OF SUBSOIL
  96. Schedule 15LAND OF WHICH ONLY SUBSOIL MAY BE ACQUIRED
  97. Schedule 16LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  98. Schedule 17TEMPORARY USE OF LAND FOR ACCESS
  99. Schedule 18: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  100. Apparatus of statutory undertakers etc. on land acquired
  101. 1Paragraph 1
  102. Apparatus of statutory undertakers etc. in stopped up streets
  103. 2Paragraph 2
  104. Railway and navigation undertakings
  105. 3Paragraph 3
  106. Schedule 19: PROTECTIVE PROVISIONS
  107. Part 1: FOR THE PROTECTION OF SPECIFIED UNDERTAKERS
  108. 1Paragraph 1
  109. 2Paragraph 2
  110. 3Paragraph 3
  111. 4Paragraph 4
  112. 5Paragraph 5
  113. 6Paragraph 6
  114. 7Paragraph 7
  115. 8Paragraph 8
  116. 9Paragraph 9
  117. 10Paragraph 10
  118. 11Paragraph 11
  119. 12Paragraph 12
  120. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  121. 13Paragraph 13
  122. 14Paragraph 14
  123. 15Paragraph 15
  124. 16Paragraph 16
  125. Part 3: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  126. 17Paragraph 17
  127. 18Paragraph 18
  128. 19Paragraph 19
  129. 20Paragraph 20
  130. 21Paragraph 21
  131. 22Paragraph 22
  132. 23Paragraph 23
  133. 24Paragraph 24
  134. 25Paragraph 25
  135. 26Paragraph 26
  136. 27Paragraph 27
  137. 28Paragraph 28
  138. 29Paragraph 29
  139. Part 4: FOR THE PROTECTION OF LEAD LOCAL FLOOD AUTHORITIES
  140. 30Paragraph 30
  141. 31Paragraph 31
  142. 32Paragraph 32
  143. 33Paragraph 33
  144. 34Paragraph 34
  145. 35Paragraph 35
  146. 36Paragraph 36
  147. 37Paragraph 37
  148. 38Paragraph 38
  149. Part 5: FOR THE PROTECTION OF THE TRUST
  150. 39Paragraph 39
  151. 40Paragraph 40
  152. 41Paragraph 41
  153. 42Paragraph 42
  154. 43Paragraph 43
  155. 44Paragraph 44
  156. 45Paragraph 45
  157. 46Paragraph 46
  158. 47Paragraph 47
  159. 48Paragraph 48
  160. 49Paragraph 49
  161. 50Paragraph 50
  162. 51Paragraph 51
  163. 52Paragraph 52
  164. 53Paragraph 53
  165. 54Paragraph 54
  166. 55Paragraph 55
  167. 56Paragraph 56
  168. 57Paragraph 57
  169. 58Paragraph 58
  170. 59Paragraph 59
  171. 60Paragraph 60
  172. 61Paragraph 61
  173. 62Paragraph 62
  174. 63Paragraph 63
  175. Explanatory note