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The Tyne and Wear Passenger Transport (Sunderland) Order 1998 in England

S.I. 1998/3269 · Made 23 December 1998

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TRANSPORT AND WORKS

TRANSPORT

Made 23rd December 1998

Coming into force 13th January 1999

Whereas an application has been made to the Secretary of State for Transport in accordance with the Transport and Works (Applications and Objections Procedure) Rules 1992f1 made under sections 6, 7 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 for Transport 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 for the Environment, Transport and the Regions (“the Secretary of State”), having considered 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 notice of the Secretary of State’s determination was published in the London Gazette on 18th December 1998;

And whereas the Secretary of State is satisfied that as respects the stopping up of the streets mentioned in Part I of Schedule 3 to this Order an alternative right of way has been or will be provided and that as respects the streets mentioned in Part II of that Schedule the provision of an alternative right of way is not required;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1 to 4, 7 to 13 and 15 to 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. 1992/2902.

f2

1992 c. 42.

Contents

  1. Part I: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of Railways Clauses Consolidation Act 1845
  5. 4Application of New Roads and Street Works Act 1991
  6. Part II: WORKS PROVISIONS
  7. Principal powers
  8. 5Power to construct works
  9. 6Power to deviate
  10. 7Stations
  11. 8Access to works
  12. 9Stopping up of streets and extinguishment of rights
  13. 10New streets to be provided
  14. 11Temporary stopping up of streets
  15. 12Construction and maintenance of streets
  16. 13Agreements with street authorities
  17. 14Construction of bridges and tunnels
  18. Supplemental powers
  19. 15Discharge of water
  20. 16Level crossings at East Boldon
  21. 17Safeguarding works to buildings
  22. 18Power to survey and investigate land
  23. 19Attachment of equipment to listed buildings
  24. 20Agreements with Railtrack
  25. Part III: ACQUISITION AND POSSESSION OF LAND
  26. Powers of acquisition
  27. 21Power to acquire land
  28. 22Application of Compulsory Purchase (Vesting Declarations) Act 1981
  29. 23Application of Part I of Compulsory Purchase Act 1965
  30. 24Powers to acquire new rights
  31. 25Powers to acquire subsoil only
  32. 26Cases where powers of acquisition limited to subsoil
  33. 27Rights under or over streets
  34. 28Certain lands etc. not to be acquired compulsorily
  35. Temporary possession of land
  36. 29Temporary use of land for construction of works
  37. 30Temporary use of land for maintenance of works
  38. Compensation
  39. 31Disregard of certain interests and improvements
  40. 32Set-off for enhancement in value of retained land
  41. Supplemental powers
  42. 33Acquisition of part of certain properties
  43. 34Extinction or suspension of private rights of way
  44. 35Time limit for exercise of powers of acquisition
  45. Part IV: MISCELLANEOUS AND GENERAL
  46. 36Power to operate and use railways
  47. 37Provisions as to use of electrical energy
  48. 38Application of existing enactments
  49. 39Consultative committees
  50. 40Power for undertaker to contract for police
  51. 41Power to transfer, lease etc. undertaking
  52. 42Maintenance of approved works etc.
  53. 43Disclosure of confidential information
  54. 44Statutory undertakers etc.
  55. 45Certification of plans etc.
  56. 46Service of notices
  57. 47No double recovery
  58. 48Withholding of consent
  59. 49Arbitration
  60. Signature
  61. Schedule 1SCHEDULED WORKS
  62. Schedule 2: STATIONS
  63. IEXISTING STATIONS
  64. IIPROPOSED STATIONS
  65. Schedule 3STREETS TO BE STOPPED UP ETC.
  66. ISTREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  67. IISTREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  68. IIISTREET IN WHICH VEHICULAR RIGHTS ONLY ARE TO BE EXTINGUISHED
  69. Schedule 4NEW STREETS TO BE PROVIDED
  70. Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
  71. Schedule 6ADDITIONAL LANDS WHICH MAY BE ACQUIRED OR USED
  72. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  73. Compensation enactments
  74. 1Paragraph 1
  75. 2Paragraph 2
  76. Adaptation of 1965 Act
  77. 3Paragraph 3
  78. 4Paragraph 4
  79. 5Paragraph 5
  80. 6Paragraph 6
  81. 7Paragraph 7
  82. 8Paragraph 8
  83. 9Paragraph 9
  84. Schedule 8LANDS NOT TO BE ACQUIRED COMPULSORILY
  85. Schedule 9LANDS OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  86. Schedule 10: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  87. Apparatus of statutory undertakers etc. on land acquired
  88. 1Paragraph 1
  89. Apparatus of statutory undertakers etc. in stopped up streets
  90. 2Paragraph 2
  91. Application of telecommunications code
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. For protection of Railtrack PLC
  95. 5Paragraph 5
  96. 6Paragraph 6
  97. For protection of Environment Agency
  98. 7Paragraph 7
  99. Explanatory note