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The Network Rail (Nuneaton North Chord) Order 2010

S.I. 2010/1721 · Made 29 June 2010 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 28 December 2017.

Transport And Works, England

Transport, England

Made 29th June 2010

Coming into force 20th July 2010

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 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 23rd June 2010.

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.

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 Acts
  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 execute street works
  12. 8Stopping up of street and extinguishment and creation of rights
  13. 9Temporary stopping up of streets
  14. 10Access to works
  15. 11Agreements with street authorities
  16. Specific works
  17. 12Canal Farm Road and Work No. 3: rights
  18. 13Temporary closure of and works in Coventry Canal
  19. Supplemental powers
  20. 14Discharge of water
  21. 15Power to survey and investigate land
  22. Part 3: ACQUISITION AND POSSESSION OF LAND
  23. Powers of acquisition
  24. 16Power to acquire land
  25. 17Application of Part 1 of the Compulsory Purchase Act 1965
  26. 18Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  27. 19Power to acquire new rights
  28. Temporary possession of land
  29. 20Temporary use of land for construction of works
  30. Compensation
  31. 21Disregard of certain interests and improvements
  32. 22Set-off for enhancement in value of retained land
  33. Supplementary
  34. 23Acquisition of part of certain properties
  35. 24Extinction or suspension of private rights of way
  36. 25Time limit for exercise of powers of acquisition
  37. Part 4: MISCELLANEOUS AND GENERAL
  38. 26Defence to proceedings in respect of statutory nuisance
  39. 27Power to lop trees overhanging the authorised works
  40. 28Planning permission and supplementary matters
  41. 29Obstruction of construction of authorised works
  42. 30Statutory undertakers, etc.
  43. 31Protection for specified undertakers
  44. 32Protection for operators of electronic communications code networks
  45. 33Protection for the Environment Agency
  46. 34Certification of plans, etc.
  47. 35Service of notices
  48. 36No double recovery
  49. 37Arbitration
  50. Signature
  51. Schedule 1SCHEDULED WORKS
  52. Schedule 2STREET TO BE STOPPED UP
  53. Schedule 3STREETS TO BE TEMPORARILY STOPPED UP
  54. Schedule 4: ACQUISITION OF LAND
  55. 1ACQUISITION OF LAND FOR CONSTRUCTION OF THE AUTHORISED WORKS
  56. 2ACQUISITION OF LAND FOR SPECIFIED PURPOSES
  57. Schedule 5ACQUISITION OF RIGHTS, ETC.
  58. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  59. Compensation enactments
  60. 1Paragraph 1
  61. 2Paragraph 2
  62. Application of the 1965 Act
  63. 3Paragraph 3
  64. 4Paragraph 4
  65. 5Paragraph 5
  66. 6Paragraph 6
  67. 7Paragraph 7
  68. 8Paragraph 8
  69. 9Paragraph 9
  70. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  71. Schedule 8: STATUTORY UNDERTAKERS, ETC.
  72. Apparatus of statutory undertakers, etc. on land acquired
  73. 1Paragraph 1
  74. Apparatus of statutory undertakers, etc. in stopped up street
  75. 2Paragraph 2
  76. Navigation undertakings
  77. 3Paragraph 3
  78. Schedule 9: PROTECTION FOR SPECIFIED UNDERTAKERS
  79. 1Paragraph 1
  80. 2Paragraph 2
  81. 3Paragraph 3
  82. 4Paragraph 4
  83. 5Paragraph 5
  84. 6Paragraph 6
  85. 7Paragraph 7
  86. 8Paragraph 8
  87. 9Paragraph 9
  88. 10Paragraph 10
  89. Schedule 10: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. Schedule 11: PROTECTION FOR THE ENVIRONMENT AGENCY
  94. 1Paragraph 1
  95. 2Paragraph 2
  96. 3Paragraph 3
  97. 4Paragraph 4
  98. 5Paragraph 5
  99. 6Paragraph 6
  100. 7Paragraph 7
  101. 8Paragraph 8
  102. 9Paragraph 9
  103. 10Paragraph 10
  104. 11Paragraph 11
  105. 12Paragraph 12
  106. 13Paragraph 13
  107. Explanatory note