The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023
S.I. 2023/815 · Made 12 July 2023
Transport And Works, England
Transport, England
Made 12th July 2023
Coming into force 2nd August 2023
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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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
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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
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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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Incorporation of Railway Clauses Acts
- 4Application of the 1991 Act
- 5Disapplication of legislative provisions
- Part 2: WORKS PROVISIONS
- Principal powers
- 6Power to construct new railway
- 7Power to maintain existing railways
- 8Power to deviate
- Streets
- 9Power to alter layout etc. of streets
- 10Power to execute street works
- 11Stopping up of street
- 12Temporary stopping up of streets
- 13Access to works
- 14Agreements with street authorities
- 15Level crossings
- Supplemental powers
- 16Discharge of water
- 17Power to survey and investigate land
- Part 3: ACQUISITION AND POSSESSION OF LAND
- Powers of acquisition
- 18Power to acquire land
- 19Application of Part 1 of the 1965 Act
- 20Application of the 1981 Act
- 21Power to acquire airspace only
- Temporary possession of land
- 22Temporary use of land for construction of works
- 23Temporary use of land for maintenance of works
- Compensation
- 24Disregard of certain interests and improvements
- Supplementary
- 25Extinction or suspension of private rights of way
- 26Time limit for exercise of powers of acquisition
- Part 4: MISCELLANEOUS AND GENERAL
- 27Defence to proceedings in respect of statutory nuisance
- 28Power to lop trees overhanging the authorised works
- 29Power to operate and use railway
- 30Power to transfer undertaking
- 31Power to charge fares
- 32Application of landlord and tenant law
- 33Removal of obstructions
- 34Saving for highway authorities
- 35Statutory undertakers etc.
- 36Certification of plans etc.
- 37Service of notices
- 38Protection of interests
- 39No double recovery
- 40Arbitration
- 41Agreement between BRB (Residuary) Limited and Rother Valley Railway Limited
- 42Crown rights
- Signature
- Schedule 1: THE RAILWAY
- 1THE NEW RAILWAY
- 2THE EXISTING RAILWAYS
- Schedule 2ACQUISITION OF LAND FOR ANCILLARY WORKS
- Schedule 3STREETS SUBJECT TO STREET WORKS
- Schedule 4STREETS TO BE TEMPORARILY STOPPED UP
- Schedule 5LEVEL CROSSINGS
- Schedule 6: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
- 1Paragraph 1
- Apparatus of statutory undertakers etc. in stopped up streets
- 2Paragraph 2
- Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 8: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Application
- 2Application
- 3Interpretation
- 4Interpretation
- 5Acquisition of apparatus
- 6Alternative apparatus
- 7Alternative apparatus
- 8Existing apparatus: protection and access
- 9Expenses
- 10Damage to apparatus: costs, losses, etc.
- 11Enactments and agreements
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Part 3: FOR THE PROTECTION OF DRAINAGE AUTHORITIES AND THE ENVIRONMENT AGENCY
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Part 4: FOR THE PROTECTION OF NATIONAL HIGHWAYS
- 28Application
- 29Interpretation
- 30Prior Approvals and Security
- 31Prior Approvals and Security
- 32Construction traffic and route surveys
- 33Construction of the NH works
- 34Payments
- 35Completion
- 36Final condition survey
- 37Opening
- 38Final Certificate
- 39Security
- 40Commuted sums
- 41Commuted sums
- 42Insurance
- 43Indemnity
- 44Maintenance of the NH works
- 45Expert Determination
- 46Bond Form
- Explanatory note