The Tyne and Wear Passenger Transport (Sunderland) Order 1998 in England
S.I. 1998/3269 · Made 23 December 1998
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
- f2
Contents
- Part I: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Incorporation of Railways Clauses Consolidation Act 1845
- 4Application of New Roads and Street Works Act 1991
- Part II: WORKS PROVISIONS
- Principal powers
- 5Power to construct works
- 6Power to deviate
- 7Stations
- 8Access to works
- 9Stopping up of streets and extinguishment of rights
- 10New streets to be provided
- 11Temporary stopping up of streets
- 12Construction and maintenance of streets
- 13Agreements with street authorities
- 14Construction of bridges and tunnels
- Supplemental powers
- 15Discharge of water
- 16Level crossings at East Boldon
- 17Safeguarding works to buildings
- 18Power to survey and investigate land
- 19Attachment of equipment to listed buildings
- 20Agreements with Railtrack
- Part III: ACQUISITION AND POSSESSION OF LAND
- Powers of acquisition
- 21Power to acquire land
- 22Application of Compulsory Purchase (Vesting Declarations) Act 1981
- 23Application of Part I of Compulsory Purchase Act 1965
- 24Powers to acquire new rights
- 25Powers to acquire subsoil only
- 26Cases where powers of acquisition limited to subsoil
- 27Rights under or over streets
- 28Certain lands etc. not to be acquired compulsorily
- Temporary possession of land
- 29Temporary use of land for construction of works
- 30Temporary use of land for maintenance of works
- Compensation
- 31Disregard of certain interests and improvements
- 32Set-off for enhancement in value of retained land
- Supplemental powers
- 33Acquisition of part of certain properties
- 34Extinction or suspension of private rights of way
- 35Time limit for exercise of powers of acquisition
- Part IV: MISCELLANEOUS AND GENERAL
- 36Power to operate and use railways
- 37Provisions as to use of electrical energy
- 38Application of existing enactments
- 39Consultative committees
- 40Power for undertaker to contract for police
- 41Power to transfer, lease etc. undertaking
- 42Maintenance of approved works etc.
- 43Disclosure of confidential information
- 44Statutory undertakers etc.
- 45Certification of plans etc.
- 46Service of notices
- 47No double recovery
- 48Withholding of consent
- 49Arbitration
- Signature
- Schedule 1SCHEDULED WORKS
- Schedule 2: STATIONS
- IEXISTING STATIONS
- IIPROPOSED STATIONS
- Schedule 3STREETS TO BE STOPPED UP ETC.
- ISTREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- IISTREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- IIISTREET IN WHICH VEHICULAR RIGHTS ONLY ARE TO BE EXTINGUISHED
- Schedule 4NEW STREETS TO BE PROVIDED
- Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
- Schedule 6ADDITIONAL LANDS WHICH MAY BE ACQUIRED OR USED
- Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- Adaptation of 1965 Act
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 8LANDS NOT TO BE ACQUIRED COMPULSORILY
- Schedule 9LANDS OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 10: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
- Apparatus of statutory undertakers etc. on land acquired
- 1Paragraph 1
- Apparatus of statutory undertakers etc. in stopped up streets
- 2Paragraph 2
- Application of telecommunications code
- 3Paragraph 3
- 4Paragraph 4
- For protection of Railtrack PLC
- 5Paragraph 5
- 6Paragraph 6
- For protection of Environment Agency
- 7Paragraph 7
- Explanatory note