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The Network Rail (Thameslink 2000) Order 2006

S.I. 2006/3117 · Made 22 November 2006

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TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

Made 22nd November 2006

Coming into force 13th December 2006

An application was made on 19th November 1997 (“the 1997 Application”) to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) Rules 1992f1, for an Order under sections 1, 3 and 5 of the Transport and Works Act 1992f2, (“the 1992 Act”) to authorise certain works (“the 1997 draft Order”).

A further application was made on 23rd September 1999 (“the 1999 Application”) to the Secretary of State, in accordance with those Rules, for a further Order (“the 1999 draft Order”) under those sections of the 1992 Act to authorise further works which replaced in part works proposed to be authorised by the 1997 draft Order.

The Secretary of State caused an inquiry to be held for the purposes of the 1997 Application and the 1999 Application pursuant to section 11 of the 1992 Act.

At the request of the Secretary of State, a further draft Order consolidating the proposals comprised in the 1999 Order and, so far as not replaced by those proposals, the proposals comprised in the 1997 Order was prepared.

The Secretary of State, having considered the objections made and not withdrawn and the reports of the persons who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the 1997 Application and the 1999 Application with modifications which in his opinion do not make any substantial change in those proposals.

Notice of the Secretary of State’s determination was published in the London Gazette on 24th October 2006.

The Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Part 2 of Schedule 4 to this Order is not required.

Accordingly, the Secretary of State, in exercise of the powers conferred on him by sections 1, 3 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11, 16 and 17 of Schedule 1 to, the 1992 Act hereby makes the following Order:—

Annotations to the whole text

Footnotes

f1

S.I. 1992/2902.

f2

1992 c. 42.

Contents

  1. Part 1
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of Railways Clauses Consolidation Act 1845
  5. Part 2: WORKS PROVISIONS
  6. Principal powers
  7. 4Power to construct and maintain certain works
  8. 5Power to construct and maintain ancillary works
  9. 6Power to deviate
  10. 7Station works at Blackfriars
  11. 8Appropriation of works near Blackfriars Bridge
  12. 9Further works at London Bridge
  13. 10Disapplication of provision relating to land at Puddle Dock, Blackfriars
  14. 11Disapplication of enactments relating to the Borough Market, Southwark
  15. 12Release from obligations relating to footway at Bermondsey
  16. 13Disapplication of enactment relating to Balcombe Bridge
  17. Streets
  18. 14Power to execute street works
  19. 15Permanent stopping up 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 and tunnels
  24. 20Agreements with street authorities
  25. Supplemental powers
  26. 21Discharge of water
  27. 22Protective works to buildings
  28. 23Power to survey and investigate land etc.
  29. Part 3: ACQUISITION AND POSSESSION OF LAND
  30. Powers of acquisition
  31. 24Power to acquire land
  32. 25Application of Part 1 of the Compulsory Purchase Act 1965
  33. 26Powers to acquire new rights
  34. 27Powers to acquire subsoil only
  35. 28Rights under streets
  36. Temporary possession of land
  37. 29Temporary use of land for construction of works
  38. Compensation
  39. 30Disregard of certain interests and improvements
  40. Supplementary
  41. 31Acquisition of part only of certain properties
  42. 32Extinction or suspension of private rights of way
  43. 33Time limit for exercise of powers of acquisition
  44. 34Saving for regulated rights etc.
  45. 35Saving for estate and interests of Transport for London
  46. Part 4: MISCELLANEOUS AND GENERAL
  47. Noise
  48. 36Defence to proceedings in respect of statutory nuisance
  49. Tidal works in river Thames
  50. 37Tidal works not to be executed without approval of Secretary of State
  51. 38Lights on tidal works during construction
  52. 39Provision against danger to navigation
  53. 40Abatement of works abandoned or decayed
  54. 41Survey of tidal works
  55. 42Permanent lights on tidal works
  56. Miscellaneous
  57. 43Agreement with Transport for London
  58. 44Certain land to be treated as operational land
  59. 45Disclosure of confidential information
  60. 46Statutory undertakers etc.
  61. 47Protective provisions
  62. 48Certification of plans etc.
  63. 49Service of notices
  64. 50No double recovery
  65. 51Arbitration
  66. Signature
  67. Schedule 1THE SCHEDULED WORKS
  68. Schedule 2: ADDITIONAL WORKS AND LANDS
  69. 1GENERAL
  70. 2STATION WORKS
  71. 3POWER REINFORCEMENT SITES
  72. 4SIGNALLING EQUIPMENT
  73. Schedule 3STREETS SUBJECT TO STREET WORKS
  74. Schedule 4: STREETS TO BE PERMANENTLY 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 TO BE TEMPORARILY STOPPED UP
  78. Schedule 6ACCESS TO WORKS
  79. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  80. Compensation enactments
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. Adaptation of the 1965 Act
  84. 3Paragraph 3
  85. 4Paragraph 4
  86. 5Paragraph 5
  87. 6Paragraph 6
  88. 7Paragraph 7
  89. 8Paragraph 8
  90. 9Paragraph 9
  91. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  92. Schedule 9: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  93. Apparatus of statutory undertakers etc. on land acquired
  94. 1Paragraph 1
  95. Apparatus of statutory undertakers etc. in stopped up streets
  96. 2Paragraph 2
  97. Railway and navigation undertakings
  98. 3Paragraph 3
  99. Schedule 10: PROTECTIVE PROVISIONS
  100. Part 1: PROTECTION FOR ELECTRICITY, GAS AND WATER UNDERTAKERS
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 3Paragraph 3
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. 6Paragraph 6
  107. 7Paragraph 7
  108. 8Paragraph 8
  109. 9Paragraph 9
  110. 10Paragraph 10
  111. 11Paragraph 11
  112. 12Paragraph 12
  113. 13Paragraph 13
  114. Part 2: PROTECTION FOR OPERATORS OF AN ELECTRONIC COMMUNICATIONS CODE NETWORK
  115. 14Paragraph 14
  116. 15Paragraph 15
  117. 16Paragraph 16
  118. 17Paragraph 17
  119. Part 3: PROTECTION FOR SEWERAGE UNDERTAKERS
  120. 18Paragraph 18
  121. 19Paragraph 19
  122. 20Paragraph 20
  123. 21Paragraph 21
  124. 22Paragraph 22
  125. 23Paragraph 23
  126. 24Paragraph 24
  127. 25Paragraph 25
  128. 26Paragraph 26
  129. 27Paragraph 27
  130. Part 4: FOR PROTECTION OF LONDON UNDERGROUND LIMITED
  131. 28Paragraph 28
  132. 29Paragraph 29
  133. 30Paragraph 30
  134. 31Paragraph 31
  135. 32Paragraph 32
  136. 33Paragraph 33
  137. 34Paragraph 34
  138. 35Paragraph 35
  139. 36Paragraph 36
  140. 37Paragraph 37
  141. 38Paragraph 38
  142. 39Paragraph 39
  143. 40Paragraph 40
  144. 41Paragraph 41
  145. 42Paragraph 42
  146. 43Paragraph 43
  147. 44Paragraph 44
  148. 45Paragraph 45
  149. 46Paragraph 46
  150. 47Paragraph 47
  151. 48Paragraph 48
  152. 49Paragraph 49
  153. 50Paragraph 50
  154. 51Paragraph 51
  155. Part 5: PROTECTION FOR THE PORT OF LONDON AUTHORITY
  156. 52Paragraph 52
  157. 53Paragraph 53
  158. 54Paragraph 54
  159. 55Paragraph 55
  160. Part 6: PROTECTION FOR LAND DRAINAGE, FLOOD DEFENCE, WATER RESOURCES AND FISHERIES
  161. 56Paragraph 56
  162. 57Paragraph 57
  163. 58Paragraph 58
  164. 59Paragraph 59
  165. 60Paragraph 60
  166. 61Paragraph 61
  167. 62Paragraph 62
  168. 63Paragraph 63
  169. 64Paragraph 64
  170. 65Paragraph 65
  171. 66Paragraph 66
  172. 67Paragraph 67
  173. 68Paragraph 68
  174. 69Paragraph 69
  175. Explanatory note