OpenLegislation

The Network Rail (Tinsley Chord) Order 2015

S.I. 2015/1876 · Made 25 November 2015 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2017.

Transport And Works, England

Transport, England

Made 25th November 2015

Coming into force 16th December 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 and 5 of the Transport and Works Act 1992f2 (“the 1992 Act”).

The Secretary of State 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 17th November 2015.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 4, 7 to 12 and 16 of Schedule 1 to, the 1992 Act makes the following Order—

Annotations to the whole text

Footnotes

f1

S.I. 2006/1466, 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 and S.I. 2013/755.

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. 2012/1659.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of the Railways Clauses Act in relation to the authorised tramroad
  5. 4Application of the 1988 Act and repeals
  6. Part 2: WORKS PROVISIONS
  7. Principal powers
  8. 5Power to construct and maintain works
  9. 6Power to deviate
  10. Supplemental powers
  11. 7Accommodation crossing
  12. 8Discharge of water
  13. 9Works to protect buildings, roads and apparatus of a statutory undertaker and the operation of the authorised works
  14. 10Power to survey and investigate land
  15. 11Mode of construction and operation of authorised tramroad
  16. 12Obstruction of construction of authorised works
  17. Part 3: ACQUISITION AND POSSESSION OF LAND
  18. Powers of acquisition
  19. 13Power to acquire land
  20. 14Application of Part 1 of the 1965 Act
  21. 15Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  22. 16Power to acquire new rights
  23. 17New rights etc. only to be acquired in certain land
  24. Temporary possession of land
  25. 18Temporary use of land for construction of works
  26. 19Temporary use of land for maintenance of works
  27. Compensation
  28. 20Disregard of certain interests and improvements
  29. 21Set-off for enhancement in value of retained land
  30. Supplementary
  31. 22Acquisition of part of certain properties
  32. 23Extinction or suspension of private rights of way
  33. 24Time limit for exercise of powers of acquisition
  34. Part 4: OPERATION OF THE AUTHORISED TRAMROAD
  35. 25Planning permission
  36. 26Power to lop trees overhanging the authorised works
  37. 27Power to operate and use the authorised tramroad
  38. 28Power to charge fares
  39. 29Removal of obstructions
  40. 30Tramcars deemed public service vehicles
  41. Part 5: MISCELLANEOUS AND GENERAL
  42. 31Application of landlord and tenant law
  43. 32Trespass
  44. 33Power to contract for police services
  45. 34Application of general provisions of 1988 Act and 1989 Act
  46. 35Disclosure of confidential information
  47. 36Defence in respect of statutory nuisance
  48. 37Statutory undertakers
  49. 38For the protection of the Environment Agency
  50. 39For the protection of electricity, gas, water and sewerage undertakers
  51. 40Certification of plans etc.
  52. 41Service of notices
  53. 42No double recovery
  54. 43Arbitration
  55. Signature
  56. Schedule 1SCHEDULED WORKS
  57. Schedule 2ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS
  58. Schedule 3LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  59. Schedule 4: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  60. Compensation enactments
  61. 1Paragraph 1
  62. 2Paragraph 2
  63. Application of the 1965 Act
  64. 3Paragraph 3
  65. 4Paragraph 4
  66. 5Paragraph 5
  67. 6Paragraph 6
  68. 7Paragraph 7
  69. 8Paragraph 8
  70. 9Paragraph 9
  71. Schedule 5ACCOMMODATION CROSSING
  72. Schedule 6LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  73. Schedule 7: PROVISIONS RELATING TO STATUTORY UNDERTAKERS
  74. Apparatus of statutory undertakers etc. on land acquired
  75. 1Paragraph 1
  76. 2Paragraph 2
  77. 3Paragraph 3
  78. 4Paragraph 4
  79. 5Paragraph 5
  80. Schedule 8: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. 5Paragraph 5
  86. 6Paragraph 6
  87. 7Paragraph 7
  88. 8Paragraph 8
  89. 9Paragraph 9
  90. 10Paragraph 10
  91. 11Paragraph 11
  92. 12Paragraph 12
  93. 13Paragraph 13
  94. Schedule 9: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  95. 1Paragraph 1
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. 4Paragraph 4
  99. 5Paragraph 5
  100. 6Paragraph 6
  101. 7Paragraph 7
  102. 8Paragraph 8
  103. 9Paragraph 9
  104. 10Paragraph 10
  105. Explanatory note