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The Network Rail (Werrington Grade Separation) Order 2018

S.I. 2018/923 · Made 3 August 2018

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Transport And Works, England

Transport, England

Made 3rd August 2018

Coming into force 24th August 2018

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The Secretary of State, having considered the objections made and not withdrawn, and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 1st August 2018.

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, as 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, S.I. 2013/755 and S.I. 2017/1070.

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 Railway Clauses Acts
  5. 4Application of the 1991 Act
  6. 5Disapplication of legislative provisions
  7. Part 2: WORKS PROVISIONS
  8. Principal powers
  9. 6Power to construct and maintain works
  10. 7Power to deviate
  11. Streets
  12. 8Power to alter layout etc. of streets
  13. 9Power to execute street works
  14. 10Stopping up of streets
  15. 11Temporary stopping up of streets
  16. 12Construction and maintenance of new or altered streets
  17. 13Access to works
  18. 14Agreements with street authorities
  19. 15Construction of bridges
  20. Supplemental powers
  21. 16Discharge of water
  22. 17Power to survey and investigate land
  23. Part 3: ACQUISITION AND POSSESSION OF LAND
  24. Powers of Acquisition
  25. 18Power to acquire land
  26. 19Application of Part 1 of the 1965 Act
  27. 20Application of the 1981 Act
  28. 21Power to acquire new rights
  29. 22Power to acquire subsoil or air-space only
  30. 23Rights under or over streets
  31. Temporary possession of land
  32. 24Temporary use of land for construction of works
  33. 25Temporary use of land for maintenance of works
  34. Compensation
  35. 26Disregard of certain interests and improvements
  36. 27Extinction or suspension of private rights of way
  37. 28Time limit for exercise of powers of acquisition
  38. Part 4: MISCELLANEOUS AND GENERAL
  39. 29Defence to proceedings in respect of statutory nuisance
  40. 30Power to lop trees overhanging the authorised works
  41. 31Power to operate and use railway
  42. 32Planning permission
  43. 33Obstruction of construction of authorised works
  44. 34Disclosure of confidential information
  45. 35Statutory undertakers etc.
  46. 36Certification of plans etc.
  47. 37Service of notices
  48. 38Protection of interests
  49. 39No double recovery
  50. 40Arbitration
  51. Signature
  52. Schedule 1SCHEDULED WORKS
  53. Schedule 2ACQUISITION OF LAND FOR ANCILLARY WORKS
  54. Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
  55. Schedule 4STREETS SUBJECT TO STREET WORKS
  56. Schedule 5: STREETS TO BE STOPPED UP
  57. 1STREETS TO BE STOPPED UP (FOR WHICH A SUBSTITUTE IS TO BE PROVIDED)
  58. 2STREETS FOR WHICH NO SUBSTITUTE IS PROVIDED
  59. Schedule 6STREETS TO BE TEMPORARILY STOPPED UP
  60. Schedule 7ACCESS TO WORKS
  61. Schedule 8LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
  62. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  63. Compensation enactments
  64. 1Paragraph 1
  65. 2Paragraph 2
  66. 3Paragraph 3
  67. Application of Part 1 of the 1965 Act
  68. 4Paragraph 4
  69. 5Paragraph 5
  70. Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  71. Schedule 11: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  72. Apparatus of statutory undertakers etc. on land acquired
  73. 1Paragraph 1
  74. Apparatus of statutory undertakers etc. in stopped up streets
  75. 2Paragraph 2
  76. Schedule 12: PROTECTIVE PROVISIONS
  77. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  78. Application
  79. 1Paragraph 1
  80. 2Paragraph 2
  81. 3Paragraph 3
  82. Interpretation
  83. 4Paragraph 4
  84. Acquisition of apparatus
  85. 5Paragraph 5
  86. Alternative apparatus
  87. 6Paragraph 6
  88. 7Paragraph 7
  89. Existing apparatus: protection and access
  90. 8Paragraph 8
  91. Apparatus in stopped up Hurn Road and Lincoln Road
  92. 9Paragraph 9
  93. Expenses
  94. 10Paragraph 10
  95. Damage to apparatus: costs, losses, etc.
  96. 11Paragraph 11
  97. Enactments and agreements
  98. 12Paragraph 12
  99. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  100. 13Paragraph 13
  101. 14Paragraph 14
  102. 15Paragraph 15
  103. 16Paragraph 16
  104. Part 3: FOR THE PROTECTION OF DRAINAGE AUTHORITIES AND THE ENVIRONMENT AGENCY
  105. 17Paragraph 17
  106. 18Paragraph 18
  107. 19Paragraph 19
  108. 20Paragraph 20
  109. 21Paragraph 21
  110. 22Paragraph 22
  111. 23Paragraph 23
  112. 24Paragraph 24
  113. 25Paragraph 25
  114. 26Paragraph 26
  115. 27Paragraph 27
  116. 28Paragraph 28
  117. Explanatory note