OpenLegislation

The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023

S.I. 2023/815 · Made 12 July 2023

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 12th July 2023

Coming into force 2nd August 2023

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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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

The Secretary of State having considered representations duly made under section 13 of the 1992 Act, has determined to make the Order applied for with modifications.

Notice of the Secretary of State’s determination was published in the London Gazette on 18th May 2023.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7, 8, 10 to 13 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. 2012/2590, S.I. 2013/755, S.I 2014/469, S.I. 2015/627, S.I. 2017/979, S.I. 2017/1070 and 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.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of 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 new railway
  10. 7Power to maintain existing railways
  11. 8Power to deviate
  12. Streets
  13. 9Power to alter layout etc. of streets
  14. 10Power to execute street works
  15. 11Stopping up of street
  16. 12Temporary stopping up of streets
  17. 13Access to works
  18. 14Agreements with street authorities
  19. 15Level crossings
  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 airspace only
  29. Temporary possession of land
  30. 22Temporary use of land for construction of works
  31. 23Temporary use of land for maintenance of works
  32. Compensation
  33. 24Disregard of certain interests and improvements
  34. Supplementary
  35. 25Extinction or suspension of private rights of way
  36. 26Time limit for exercise of powers of acquisition
  37. Part 4: MISCELLANEOUS AND GENERAL
  38. 27Defence to proceedings in respect of statutory nuisance
  39. 28Power to lop trees overhanging the authorised works
  40. 29Power to operate and use railway
  41. 30Power to transfer undertaking
  42. 31Power to charge fares
  43. 32Application of landlord and tenant law
  44. 33Removal of obstructions
  45. 34Saving for highway authorities
  46. 35Statutory undertakers etc.
  47. 36Certification of plans etc.
  48. 37Service of notices
  49. 38Protection of interests
  50. 39No double recovery
  51. 40Arbitration
  52. 41Agreement between BRB (Residuary) Limited and Rother Valley Railway Limited
  53. 42Crown rights
  54. Signature
  55. Schedule 1: THE RAILWAY
  56. 1THE NEW RAILWAY
  57. 2THE EXISTING RAILWAYS
  58. Schedule 2ACQUISITION OF LAND FOR ANCILLARY WORKS
  59. Schedule 3STREETS SUBJECT TO STREET WORKS
  60. Schedule 4STREETS TO BE TEMPORARILY STOPPED UP
  61. Schedule 5LEVEL CROSSINGS
  62. Schedule 6: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  63. 1Paragraph 1
  64. Apparatus of statutory undertakers etc. in stopped up streets
  65. 2Paragraph 2
  66. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  67. Schedule 8: PROTECTIVE PROVISIONS
  68. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  69. 1Application
  70. 2Application
  71. 3Interpretation
  72. 4Interpretation
  73. 5Acquisition of apparatus
  74. 6Alternative apparatus
  75. 7Alternative apparatus
  76. 8Existing apparatus: protection and access
  77. 9Expenses
  78. 10Damage to apparatus: costs, losses, etc.
  79. 11Enactments and agreements
  80. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  81. 12Paragraph 12
  82. 13Paragraph 13
  83. 14Paragraph 14
  84. 15Paragraph 15
  85. Part 3: FOR THE PROTECTION OF DRAINAGE AUTHORITIES AND THE ENVIRONMENT AGENCY
  86. 16Paragraph 16
  87. 17Paragraph 17
  88. 18Paragraph 18
  89. 19Paragraph 19
  90. 20Paragraph 20
  91. 21Paragraph 21
  92. 22Paragraph 22
  93. 23Paragraph 23
  94. 24Paragraph 24
  95. 25Paragraph 25
  96. 26Paragraph 26
  97. 27Paragraph 27
  98. Part 4: FOR THE PROTECTION OF NATIONAL HIGHWAYS
  99. 28Application
  100. 29Interpretation
  101. 30Prior Approvals and Security
  102. 31Prior Approvals and Security
  103. 32Construction traffic and route surveys
  104. 33Construction of the NH works
  105. 34Payments
  106. 35Completion
  107. 36Final condition survey
  108. 37Opening
  109. 38Final Certificate
  110. 39Security
  111. 40Commuted sums
  112. 41Commuted sums
  113. 42Insurance
  114. 43Indemnity
  115. 44Maintenance of the NH works
  116. 45Expert Determination
  117. 46Bond Form
  118. Explanatory note