# The Portishead Branch Line (MetroWest Phase 1) Order 2022, Paragraph 43

Extent: E+W

In this Part—
“access works” means works—
(a)on, over or under or otherwise affecting a private street or any public right of way on BPC’s property, including the kerbs, splitter islands, footways, verges and carriageway of such street and any road markings, signing, signals, and other street furniture;
(b)to alter, modify, improve, create or provide any means of access (whether temporary or otherwise) on or across BPC’s property or to or from any private street or any other part of BPC’s property or to or from any dock public road;
(c)to alter the layout of any private street or any public right of way on BPC’s property; and
(d)to position or install plant or equipment on or over any private street or any public right of way on BPC’s property,
and includes, without limitation on the scope of the foregoing, any works under article 13 (street works and power to alter layout etc., of streets) or article 17 (access to works) in respect of or affecting any private street or any public right of way on BPC’s property;
“ancillary works” means embankments, earthworks, retaining structures or works, planting, landscaping or other mitigation, fencing and all other works falling within the descriptions of the further associated development set out in paragraphs (a) to (x) (inclusive) of Schedule 1;
“BPC” means First Corporate Shipping Limited (registered company number 02542406), trading as The Bristol Port Company, being the statutory harbour authority and competent harbour authority for the Port;
“BPC’s apparatus” means all and any gas, oil and water pipes, water tanks, cisterns, drains and drainage works, sewers, pumps, electric and communication wires, cables and plant, ducts, conduits, governors, transformers, meters and any other service media, surface water interceptors (and whether in all cases for drainage, gas, oil water, electricity, telephone, television, data and information transmission or any other service) on BPC’s property;
“BPC’s property” means the whole and each of every part of all the leasehold and freehold land and rights and the benefit of all covenants, owned by or vested in BPC at Avonmouth, Chittening and Portbury—
(a)upon, across, under, over or in respect of or affecting which any powers conferred by this Order may be exercised; or
(b)upon, across, under or over which there is situated anything over or in respect of which any such powers may be exercised,
and includes, without limitation on the scope of the foregoing, the Port’s railway and any private street but does not include the Court House Farm terminable access;
“BPC’s representative” means the person appointed by BPC from time to time to be its representative for the purposes of this Order;
“certified documents” means any and all of the plans and documents certified by the Secretary of State for the purpose of this Order;
“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;
“construction access rights” means any and all powers conferred on the undertaker by this Order to exercise temporary powers of access over any land with or without vehicles, plant and equipment including, without limitation on the scope of the foregoing, any ancillary powers to remove buildings and vegetation from that land and to construct works for the purpose of providing a means of access;
“Court House Farm easement” means a Deed of Grant of Easement dated 4 September 2017 made between Network Rail and First Corporate Shipping Limited t/a The Bristol Port Company;
“Court House Farm terminable access” means the existing crossing at grade over the disused Portishead Branch Line which is described in the Court House Farm easement;
“dock public road” means each of the streets known as Marsh Lane, Royal Portbury Dock Road (including the roundabout at its junction with Portbury Way and Gordano Way), Redland Avenue, Gordano Way, Garonor Way and Portbury Way to the extent that it is maintainable highway;
“drainage works” means works—
(a)to create, alter or remove any culvert or other crossing over, under or affecting any watercourse or drainage ditch on, over or under BPC’s property or which drains water to or from BPC’s property; and
(b)to make any opening or connection into any watercourse belonging to BPC or to lay down, take up or alter any pipes for that purpose;
“environmental protection works” means measures reasonably required to be carried out on or in respect of Work No. 18 to protect the scrub environment and water bodies established and managed by BPC;
“highway access land” means any and all of parcels 5/30, 5/61, 5/62, 5/65 and 5/70;
“maintainable highway” has the same meaning as in section 86(1) (highway authorities, highways and related matters) of the 1991 Act;
“Marsh Lane track” means the private street referred to in Schedule 3 (streets subject to street works) and therein described as Access Road to the M5 Avonmouth Bridge east of Marsh Lane, Easton-in-Gordano;
“Marsh Lane track land” means any and all of parcels 5/25, 5/95, 5/100, 5/105, 5/106, 5/112 and 5/113 and that part of parcel 5/28 which lies to the east of an imaginary line projected in a northerly direction across the disused railway line at 126 miles 78 chains and includes the Marsh Lane track;
“plans” includes sections, elevations, designs and design data, drawings, calculations, specifications, programmes, method statements, assessments of risk relating to the construction, carrying out, maintenance and, where appropriate, removal of any work;
“Port” means the port and harbour of Bristol;
“Port’s railway” means the railway owned by BPC leading from Portbury Junction, Pill to the Royal Portbury Dock;
“powers of temporary possession” means the powers conferred by article 33 (temporary use of land for carrying out the authorised development);
“preparatory activities” means ecological mitigation works, archaeological investigations, boreholes, intrusive surveys, environmental surveys and monitoring, other investigations for the purpose of assessing ground conditions or the receipt and erection of construction plant and equipment, utility diversions or ground clearance works but excluding any such activities carried out under article 23 (authority to survey and investigate land) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act as applied by this Order in respect of any of BPC’s property;
“private street” means any street on BPC’s property which is not a maintainable highway;
“public path land” means any and all of parcels 5/27, 5/101, 5/102, 5/130, 5/131, 5/135 and 5/136;
“rail link land” means any and all of parcels 5/104, 5/107, 5/108, 5/165, 5/171, 6/25 and 6/55;
“railway rights land” means any and all of parcels 5/95, 5/100, 5/105, 5/122, 5/137, 5/140, 5/141, 6/10, 6/15, 6/20 6/55, 6/60 and 6/80;
“relevant works” means that part of Work 1C that is on the Port’s railway and Work Nos. 14, 14A, 14B, 15, 16, 16A, 16C, 18, 19 and 20;
“specified work” means—
(a)that part of Work No. 1C that is on the Port’s railway;
(b)the whole of Work Nos. 14, 14A, 15, 16, 16A, 16C, 18, 19 and 20;
(c)all access works and drainage works; and
(d)so much of all other parts of the authorised development and of any works to be carried out under the powers conferred by article 33 as is situated upon, across, under, over or within 5 metres of BPC’s property, including all environmental mitigation and restoration measures;
(2) In this Part of this Schedule—
(a) references to the undertaker include references to any person to or in which any or all of the benefit of the provisions of this Order and any related statutory powers are transferred or are vested pursuant to any provision of this Order and any person which may by virtue of any agreement made pursuant to article 11 (agreements with Network Rail) whether alone or jointly with another exercise any or all of the powers contained in this Order;
(b) references to numbered parcels are to the parcels of land so numbered in the book of reference;
(c) references to a requirement to consult include that consultation must take place in good faith and in a timely manner with the provision of all reasonably necessary information and so that the party concerned must act reasonably in taking into account the reasonable comments made by the other party in response; and
(d) references to BPC’s consent, agreement or approval are to BPC’s prior consent, agreement or approval given in writing.

---
Source: https://www.legislation.gov.uk/uksi/2022/1194/schedule/16/paragraph/43 (the official version)
Page: https://openlegislation.uk/portishead-branch-line-metrowest-phase-1-order-2022/schedule-16/paragraph-43
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.