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The Network Rail (West Coast Main Line) Order 2004

S.I. 2004/389 · Made 12 February 2004

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TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

Made 12th February 2004

Coming into force 4th March 2004

Whereas 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 2000f1 made under sections 6, 6A, 7(3)(b) and (c) and (4), and 10 of the Transport and Works Act 1992f2 (“the 1992 Act”), for an Order under sections 1 and 5 of the 1992 Act;

And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act;

And whereas the Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 his opinion do not make any substantial change in the proposals;

And whereas the Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Part II of Schedule 6 to this Order is not required;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 11th February 2004;

Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11, 16 and 17 of Schedule 1 to, the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

S.I. 2000/2190.

f2

1992 c. 42.

Contents

  1. Part I: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of Railways Clauses Consolidation Act 1845
  5. Part II: 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. Level Crossings
  11. 7Replacement of road level crossing
  12. 8Replacement of footpath level crossings
  13. 9Accommodation crossings
  14. Streets
  15. 10Power to execute street works
  16. 11Permanent stopping up of streets and extinguishment of rights
  17. 12Temporary stopping up of streets
  18. 13Temporary parking restrictions
  19. 14Access to works
  20. 15Construction and maintenance of new or altered streets
  21. 16Construction of bridges and tunnels
  22. 17Agreements with street authorities
  23. Supplemental powers
  24. 18Temporary closure of part of Coventry Canal
  25. 19Discharge of water
  26. 20Protective works to buildings
  27. 21Power to survey and investigate land
  28. Part III: ACQUISITION AND POSSESSION OF LAND
  29. Powers of acquisition
  30. 22Power to acquire land
  31. 23Application of Part I of Compulsory Purchase Act 1965
  32. 24Power to acquire new rights
  33. 25Power to acquire subsoil only
  34. 26Cases where powers of acquisition limited to soil nailing rights
  35. 27Rights under streets
  36. Temporary possession of land
  37. 28Temporary use of land for construction of works
  38. Compensation
  39. 29Disregard of certain interests and improvements
  40. Supplementary
  41. 30Acquisition of part only of certain properties
  42. 31Extinction or suspension of private rights of way
  43. 32Time limit for exercise of powers of acquisition
  44. Part IV: MISCELLANEOUS AND GENERAL
  45. Noise
  46. 33Defence to proceedings in respect of statutory nuisance
  47. Miscellaneous and supplementary
  48. 34Certain land to be treated as operational land
  49. 35Maintenance of approved works etc.
  50. 36Public open space and common land
  51. 37Disclosure of confidential information
  52. 38Saving for regulated rights etc.
  53. 39Statutory undertakers etc.
  54. 40Protective provisions
  55. 41Certification of plans etc.
  56. 42Service of notices
  57. 43No double recovery
  58. 44Arbitration
  59. Signature
  60. Schedule 1SCHEDULED WORKS
  61. Schedule 2ADDITIONAL WORKS AND LANDS
  62. Schedule 3REPLACEMENT OF ROAD LEVEL CROSSING
  63. Schedule 4REPLACEMENT OF FOOTPATH LEVEL CROSSINGS
  64. Schedule 5STREETS SUBJECT TO STREET WORKS
  65. Schedule 6: STREETS TO BE PERMANENTLY STOPPED UP
  66. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  67. IISTREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  68. Schedule 7STREETS TO BE TEMPORARILY STOPPED UP
  69. Schedule 8ACCESS TO WORKS
  70. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  71. Compensation enactments
  72. 1Paragraph 1
  73. 2Paragraph 2
  74. Adaptation of the 1965 Act
  75. 3Paragraph 3
  76. 4Paragraph 4
  77. 5Paragraph 5
  78. 6Paragraph 6
  79. 7Paragraph 7
  80. 8Paragraph 8
  81. 9Paragraph 9
  82. Schedule 10LAND IN RESPECT OF WHICH SOIL NAILING RIGHTS MAY BE ACQUIRED
  83. Schedule 11LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN OR USE MADE
  84. Schedule 12: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  85. Apparatus of statutory undertakers etc. on land acquired
  86. 1Paragraph 1
  87. Apparatus of statutory undertakers etc. in stopped up streets
  88. 2Paragraph 2
  89. Railway and navigation undertakings
  90. 3Paragraph 3
  91. Schedule 13: PROTECTIVE PROVISIONS
  92. Part I: PROTECTION FOR ELECTRICITY, GAS AND WATER UNDERTAKERS
  93. 1Paragraph 1
  94. 2Paragraph 2
  95. 3Paragraph 3
  96. 4Paragraph 4
  97. 5Paragraph 5
  98. 6Paragraph 6
  99. 7Paragraph 7
  100. 8Paragraph 8
  101. 9Paragraph 9
  102. 10Paragraph 10
  103. 11Paragraph 11
  104. 12Paragraph 12
  105. 13Paragraph 13
  106. Part II: PROTECTION FOR OPERATORS OF AN ELECTRONIC COMMUNICATIONS CODE NETWORK
  107. 14Paragraph 14
  108. 15Paragraph 15
  109. 16Paragraph 16
  110. 17Paragraph 17
  111. Part III: PROTECTION FOR SEWERAGE UNDERTAKERS
  112. 18Paragraph 18
  113. 19Paragraph 19
  114. 20Paragraph 20
  115. 21Paragraph 21
  116. 22Paragraph 22
  117. 23Paragraph 23
  118. 24Paragraph 24
  119. 25Paragraph 25
  120. 26Paragraph 26
  121. 27Paragraph 27
  122. Part IV: PROTECTION FOR LAND DRAINAGE, FLOOD DEFENCE, WATER RESOURCES AND FISHERIES
  123. 28Paragraph 28
  124. 29Paragraph 29
  125. 30Paragraph 30
  126. 31Paragraph 31
  127. 32Paragraph 32
  128. 33Paragraph 33
  129. 34Paragraph 34
  130. 35Paragraph 35
  131. 36Paragraph 36
  132. 37Paragraph 37
  133. 38Paragraph 38
  134. 39Paragraph 39
  135. 40Paragraph 40
  136. Part V: PROTECTION FOR BRITISH WATERWAYS BOARD
  137. 41Paragraph 41
  138. Interpretation
  139. Powers requiring BW’s consent
  140. 42Paragraph 42
  141. Vehicles, plant and machinery
  142. 43Paragraph 43
  143. Closure of towing paths etc.
  144. 44Paragraph 44
  145. Fencing
  146. 45Paragraph 45
  147. Approval of plans, protective works, etc.
  148. 46Paragraph 46
  149. Notice of works
  150. 47Paragraph 47
  151. Lighting
  152. 48Paragraph 48
  153. Construction of specified work
  154. 49Paragraph 49
  155. Prevention of pollution
  156. 50Paragraph 50
  157. Access to work: provision of information
  158. 51Paragraph 51
  159. Repayment of BW’s fees, etc.
  160. 52Paragraph 52
  161. Making good of detriment: compensation and indemnity, etc.
  162. 53Paragraph 53
  163. Arbitration
  164. 54Paragraph 54
  165. Explanatory note