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The Network Rail (Ordsall Chord) Order 2015

S.I. 2015/780 · Made 31 March 2015 · 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 31st March 2015

Coming into force 21st April 2015

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The Secretary of State, having considered the objections made and not withdrawn, and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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

Notice of the Secretary of State’s determination was published in the London Gazette on 30th March 2015.

The Secretary of State, in exercise of the powers conferred by sections 1, 3 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. Section 1 was amended by the Planning Act 2008 (c.29), Schedule 2, paragraphs 51 and 52; section 5 was amended by S.I. 2012/1559

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. 5Application of local railway enactments
  7. 6Disapplication of legislative provisions
  8. Part 2: Principal powers
  9. 7Power to construct and maintain works
  10. 8Power to deviate
  11. Streets
  12. 9Power to alter layout etc. of streets
  13. 10Power to execute street works
  14. 11Stopping up of streets
  15. 12Temporary stopping up of streets
  16. 13Construction and maintenance of new or altered streets
  17. 14Access to works
  18. 15Agreements with street authorities
  19. 16Construction of bridges
  20. Supplemental powers
  21. 17Discharge of water
  22. 18Protective works to buildings
  23. 19Power to survey and investigate land
  24. 20Temporary interference with river and waterway
  25. Part 3: ACQUISITION AND POSSESSION OF LAND
  26. Powers of acquisition
  27. 21Power to acquire land
  28. 22Application of Part 1 of the 1965 Act
  29. 23Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  30. 24Power to acquire new rights
  31. 25Power to acquire subsoil or air-space only
  32. 26Rights under or over streets
  33. Temporary possession of land
  34. 27Temporary use of land for construction of works
  35. 28Temporary use of land for maintenance of works
  36. Compensation
  37. 29Disregard of certain interests and improvements
  38. 30Set-off for enhancement in value of retained land
  39. Supplementary
  40. 31Acquisition of part of certain properties
  41. 32Extinction or suspension of private rights of way
  42. 33Time limit for exercise of powers of acquisition
  43. Part 4: MISCELLANEOUS AND GENERAL
  44. 34Defence to proceedings in respect of statutory nuisance
  45. 35Power to lop trees overhanging the authorised works
  46. 36Power to operate and use railway
  47. 37Certain land to be treated as operational land
  48. 38Disclosure of confidential information
  49. 39Statutory undertakers etc.
  50. 40Certification of plans etc.
  51. 41Service of notices
  52. 42Protection of interests
  53. 43No double recovery
  54. 44Arbitration
  55. Signature
  56. Schedule 1SCHEDULED WORKS
  57. Schedule 2ACQUISITION OF LAND FOR ANCILLARY WORKS
  58. Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
  59. Schedule 4STREETS SUBJECT TO STREET WORKS
  60. Schedule 5STREETS TO BE STOPPED UP (FOR WHICH A SUBSTITUTE IS TO BE PROVIDED)
  61. Schedule 6STREETS TO BE TEMPORARILY STOPPED UP
  62. Schedule 7ACCESS TO WORKS
  63. Schedule 8LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
  64. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  65. Compensation enactments
  66. 1Paragraph 1
  67. 2Paragraph 2
  68. Application of the 1965 Act
  69. 3Paragraph 3
  70. 4Paragraph 4
  71. 5Paragraph 5
  72. 6Paragraph 6
  73. 7Paragraph 7
  74. 8Paragraph 8
  75. 9Paragraph 9
  76. Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  77. Schedule 11: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  78. 1Paragraph 1
  79. Apparatus of statutory undertakers etc. in stopped up streets
  80. 2Paragraph 2
  81. Schedule 12: PROTECTIVE PROVISIONS
  82. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  83. 1Paragraph 1
  84. 2Paragraph 2
  85. 3Paragraph 3
  86. 4Paragraph 4
  87. 5Paragraph 5
  88. 6Paragraph 6
  89. 7Paragraph 7
  90. 8Paragraph 8
  91. 9Paragraph 9
  92. 10Paragraph 10
  93. 11Paragraph 11
  94. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  95. 12Paragraph 12
  96. 13Paragraph 13
  97. 14Paragraph 14
  98. 15Paragraph 15
  99. Part 3: FOR THE PROTECTION OF LEAD LOCAL FLOOD AUTHORITIES
  100. 16Paragraph 16
  101. 17Paragraph 17
  102. 18Paragraph 18
  103. 19Paragraph 19
  104. 20Paragraph 20
  105. 21Paragraph 21
  106. 22Paragraph 22
  107. 23Paragraph 23
  108. 24Paragraph 24
  109. Part 4: FOR THE PROTECTION OF THE MANCHESTER SHIP CANAL COMPANY LIMITED
  110. 25Paragraph 25
  111. 26Paragraph 26
  112. 27Paragraph 27
  113. 28Paragraph 28
  114. 29Paragraph 29
  115. 30Paragraph 30
  116. 31Paragraph 31
  117. 32Paragraph 32
  118. 33Paragraph 33
  119. 34Paragraph 34
  120. 35Paragraph 35
  121. 36Paragraph 36
  122. 37Paragraph 37
  123. 38Paragraph 38
  124. 39Paragraph 39
  125. 40Paragraph 40
  126. 41Paragraph 41
  127. Part 5: FOR THE PROTECTION OF THE CANAL & RIVER TRUST
  128. 42Paragraph 42
  129. 43Paragraph 43
  130. 44Paragraph 44
  131. 45Paragraph 45
  132. 46Paragraph 46
  133. 47Paragraph 47
  134. 48Paragraph 48
  135. 49Paragraph 49
  136. 50Paragraph 50
  137. 51Paragraph 51
  138. 52Paragraph 52
  139. 53Paragraph 53
  140. 54Paragraph 54
  141. 55Paragraph 55
  142. 56Paragraph 56
  143. 57Paragraph 57
  144. Explanatory note