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The Northumberland Line Order 2022

S.I. 2022/820 · Made 11 July 2022

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 11th July 2022

Coming into force 1st August 2022

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 caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Actf3.

The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 6th July 2022.

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 and 15 to 17 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. 2013/755, S.I. 2014/469, S.I. 2015/377, S.I. 2015/627, S.I. 2015/1682, S.I. 2017/979, S.I. 2017/1070 and S.I. 2019/311.

f2

1992 c. 42. Section 1 was amended by paragraphs 51 and 52 of Schedule 2 to the Planning Act 2008 (c. 29). Section 5 was amended by S.I. 2012/1659.

f3

There are amendments to section 11 which are not relevant to this Order.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: WORKS PROVISIONS
  5. Principal powers
  6. 3Power to construct and maintain works
  7. Supplemental powers
  8. 4Power to survey and investigate land
  9. 5Discharge of water
  10. 6Felling or lopping of trees
  11. Part 3: CROSSINGS AND HIGHWAYS
  12. 7Closure of level crossings subject to opening of new rights of way
  13. 8Stopping up of streets
  14. 9Temporary stopping up and diversion of streets
  15. 10Creation and maintenance of new highways
  16. 11Access to works
  17. 12Power to execute street works
  18. 13Agreements with street authorities
  19. Part 4: ACQUISITION AND POSSESSION OF LAND
  20. Powers of acquisition
  21. 14Power to acquire land
  22. 15Application of Part 1 of the 1965 Act
  23. 16Application of the 1981 Act
  24. 17Power to acquire new rights
  25. 18Power to acquire subsoil or airspace only
  26. Temporary possession or use of land
  27. 19Temporary use of land in connection with the development
  28. 20Temporary use of land for access
  29. Compensation
  30. 21Disregard of certain interests and improvements
  31. 22Set-off for enhancement in value of retained land
  32. Supplementary
  33. 23Extinction or suspension of private rights of way
  34. 24Open space
  35. 25Time limit for exercise of powers of acquisition and temporary use of land
  36. Part 5: MISCELLANEOUS AND GENERAL
  37. 26Planning permission
  38. 27Power to transfer undertaking
  39. 28Agreements with Network Rail
  40. 29Defence to proceedings in respect of statutory nuisance
  41. 30Protection of interests
  42. 31Consents, agreement, certifications and approvals
  43. 32Amendment of local legislation
  44. 33Certification of plans, etc.
  45. 34Service of notices
  46. 35No double recovery
  47. 36Arbitration
  48. Signature
  49. Schedule 1PLANNING PERMISSIONS
  50. Schedule 2REPLACEMENT AND CLOSURE OF LEVEL CROSSINGS
  51. Schedule 3: STREETS TO BE STOPPED UP
  52. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  53. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  54. Schedule 4STREETS TO BE TEMPORARILY STOPPED UP
  55. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
  56. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  57. Compensation enactments
  58. 1Paragraph 1
  59. 2Paragraph 2
  60. 3Paragraph 3
  61. Application of Part 1 of the 1965 Act
  62. 4Paragraph 4
  63. 5Paragraph 5
  64. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  65. Schedule 8LAND ON WHICH A TEMPORARY RIGHT OF ACCESS MAY BE EXERCISED
  66. Schedule 9TEMPORARY WORKSITES
  67. Schedule 10: PROTECTIVE PROVISIONS
  68. Part 1: FOR THE PROTECTION OF STATUTORY UNDERTAKERS, ETC.
  69. Apparatus of statutory undertakers, etc. on land acquired
  70. 1Paragraph 1
  71. Apparatus of statutory undertakers, etc. in stopped up highways
  72. 2Paragraph 2
  73. Part 2: FOR THE PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
  74. 3Paragraph 3
  75. 4Paragraph 4
  76. 5Paragraph 5
  77. 6Paragraph 6
  78. 7Paragraph 7
  79. 8Paragraph 8
  80. 9Paragraph 9
  81. 10Paragraph 10
  82. 11Paragraph 11
  83. 12Paragraph 12
  84. 13Paragraph 13
  85. 14Paragraph 14
  86. 15Paragraph 15
  87. 16Paragraph 16
  88. 17Paragraph 17
  89. 18Paragraph 18
  90. 19Paragraph 19
  91. 20Paragraph 20
  92. 21Paragraph 21
  93. 22Paragraph 22
  94. 23Paragraph 23
  95. 24Paragraph 24
  96. Part 3: FOR THE PROTECTION OF THE TYNE & WEAR PASSENGER TRANSPORT EXECUTIVE
  97. 25Paragraph 25
  98. 26Paragraph 26
  99. 27Paragraph 27
  100. 28Paragraph 28
  101. 29Paragraph 29
  102. 30Paragraph 30
  103. 31Paragraph 31
  104. 32Paragraph 32
  105. 33Paragraph 33
  106. 34Paragraph 34
  107. 35Paragraph 35
  108. 36Paragraph 36
  109. 37Paragraph 37
  110. 38Paragraph 38
  111. 39Paragraph 39
  112. 40Paragraph 40
  113. 41Paragraph 41
  114. 42Paragraph 42
  115. 43Paragraph 43
  116. 44Paragraph 44
  117. 45Paragraph 45
  118. Explanatory note