Article 7 Power to construct and maintain worksI1

England, Wales and Scotland

(1)

Network Rail may construct and maintain the scheduled works.

(2)

Subject to article 8 (power to deviate) the scheduled works may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.

(3)

Subject to paragraph (5), Network Rail may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely—

(a)

electrical equipment and signalling works;

(b)

ramps, means of access and footpaths;

(c)

embankments, aprons, abutments, retaining walls, wing walls and culverts;

(d)

works to install or alter the position of apparatus, including mains, sewers, drains and cables;

(e)

partial demolition of the Zig Zag Viaduct attached to the 1830 Viaduct, the construction of a buttress wall and partial replacement of demolished arches;

(f)

removal of Prince’s Bridge and the Girder Bridge over the River Irwell;

(g)

the demolition of two industrial units comprising the former Saab garage on Elm Street known as the Big Yellow site; and

(h)

temporary works in the River Irwell in connection with the construction of Works Nos. 1 and 5.

(4)

Subject to paragraph (5), Network Rail may carry out such other works (of whatever nature) as may be necessary of expedient for the purposes of, or for purposes ancillary to, the construction of the authorised works, other than (except as provided by article 20 (temporary interference with river and waterway)) works that would interfere with a navigable watercourse.

(5)

Paragraphs (3) and (4) only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on—

(a)

land specified in columns (1) and (2) of Schedule 2 (acquisition of land for ancillary works) for the purpose specified in column (3) of that Schedule;

(b)

land specified in column (1) of Schedule 8 (land in which only new rights etc. may be acquired) for the purposes specified in column (2) of that Schedule; or

(c)

land specified in columns (1) and (2) of Schedule 10 (land of which temporary possession may be taken) for the purposes specified in column (3) of that Schedule and in relation to the authorised works specified in column (4) of that Schedule.

(6)

Network Rail may, within the Order limits—

(a)

carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance and operation of the authorised works (other than works authorised by this paragraph); and

(b)

carry out and maintain works for the benefit or protection of land affected by the authorised works (other than works authorised by this paragraph).

Annotations

Commencement

I1: Art. 7 in force at 21.4.2015, see art. 1