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The Network Rail (West Coast Main Line) Order 2003

S.I. 2003/1075 · Made 7 April 2003

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TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

Made 7th April 2003

Coming into force 28th April 2003

Whereas an application has been made to the Secretary of State 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 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And whereas the Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 his opinion do not make any substantial change in the proposals;

And whereas the Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Part II of Schedule 4 and Part II of Schedule 6 to this Order is not required;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 4th April 2003;

Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11, 16 and 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. Part II: WORKS PROVISIONS
  6. Principal Powers
  7. 4Power to construct and maintain certain works
  8. 5Power to construct and maintain ancillary works
  9. 6Power to deviate
  10. Level Crossings
  11. 7Replacement of road level crossings
  12. 8Replacement and closure of footpath level crossings
  13. 9Preston Brook accommodation crossing
  14. Streets
  15. 10Power to control vehicles using Berkswell Underpass
  16. 11Power to execute street works
  17. 12Permanent stopping up of streets and extinguishment of rights
  18. 13Temporary stopping up of streets
  19. 14Access to works
  20. 15Construction and maintenance of new or altered streets
  21. 16Construction of bridges and tunnels
  22. 17Agreements with street authorities
  23. Supplemental powers
  24. 18Temporary closure of part of Grand Union Canal
  25. 19Temporary closure of part of Oxford Canal
  26. 20Temporary closure of part of Trent and Mersey Canal
  27. 21Discharge of water
  28. 22Protective works to buildings
  29. 23Power to survey and investigate land
  30. Part III: ACQUISITION AND POSSESSION OF LAND
  31. Powers of acquisition
  32. 24Power to acquire land
  33. 25Application of Part I of Compulsory Purchase Act 1965
  34. 26Power to acquire new rights
  35. 27Power to acquire subsoil only
  36. 28Cases where powers of acquisition limited to soil nailing rights
  37. 29Rights under streets
  38. Temporary possession of land
  39. 30Temporary use of land for construction of works
  40. Compensation
  41. 31Disregard of certain interests and improvements
  42. Supplementary
  43. 32Acquisition of part only of certain properties
  44. 33Extinction or suspension of private rights of way
  45. 34Time limit for exercise of powers of acquisition
  46. Part IV: MISCELLANEOUS AND GENERAL
  47. Noise
  48. 35Defence to proceedings in respect of statutory nuisance
  49. Miscellaneous and supplementary
  50. 36Certain land to be treated as operational land
  51. 37Maintenance of approved works etc.
  52. 38Public open space
  53. 39Disclosure of confidential information
  54. 40Saving for regulated rights etc.
  55. 41Statutory undertakers etc.
  56. 42Protective provisions
  57. 43Certification of plans etc.
  58. 44Service of notices
  59. 45No double recovery
  60. 46Arbitration
  61. Signature
  62. Schedule 1SCHEDULED WORKS
  63. Schedule 2: ADDITIONAL WORKS AND LANDS
  64. 1GENERAL
  65. IIDIVERTED FOOT CROSSINGS
  66. Schedule 3REPLACEMENT OF ROAD LEVEL CROSSINGS
  67. Schedule 4: REPLACEMENT AND CLOSURE OF FOOTPATH LEVEL CROSSINGS
  68. ILEVEL CROSSINGS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  69. IILEVEL CROSSINGS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  70. Schedule 5STREETS SUBJECT TO STREETWORKS
  71. Schedule 6: STREETS TO BE PERMANENTLY STOPPED UP
  72. ISTREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  73. IISTREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  74. Schedule 7STREETS TO BE TEMPORARILY STOPPED UP
  75. Schedule 8ACCESS TO WORKS
  76. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  77. Compensation enactments
  78. 1Paragraph 1
  79. 2Paragraph 2
  80. Adaptation of the 1965 Act
  81. 3Paragraph 3
  82. 4Paragraph 4
  83. 5Paragraph 5
  84. 6Paragraph 6
  85. 7Paragraph 7
  86. 8Paragraph 8
  87. 9Paragraph 9
  88. Schedule 10LAND IN RESPECT OF WHICH SOIL NAILING RIGHTS MAY BE ACQUIRED
  89. Schedule 11LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  90. Schedule 12: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  91. Apparatus of statutory undertakers etc. on land acquired
  92. 1Paragraph 1
  93. Apparatus of statutory undertakers etc. in stopped up streets
  94. 2Paragraph 2
  95. Railway and navigation undertakings
  96. 3Paragraph 3
  97. Schedule 13: PROTECTIVE PROVISIONS
  98. Part I: PROTECTION FOR ELECTRICITY, GAS AND WATER UNDERTAKERS
  99. 1Paragraph 1
  100. 2Paragraph 2
  101. 3Paragraph 3
  102. 4Paragraph 4
  103. 5Paragraph 5
  104. 6Paragraph 6
  105. 7Paragraph 7
  106. 8Paragraph 8
  107. 9Paragraph 9
  108. 10Paragraph 10
  109. 11Paragraph 11
  110. 12Paragraph 12
  111. 13Paragraph 13
  112. Part II: PROTECTION FOR TELECOMMUNICATIONS OPERATORS
  113. 14Paragraph 14
  114. 15Paragraph 15
  115. 16Paragraph 16
  116. 17Paragraph 17
  117. Part III: PROTECTION FOR SEWERAGE UNDERTAKERS
  118. 18Paragraph 18
  119. 19Paragraph 19
  120. 20Paragraph 20
  121. 21Paragraph 21
  122. 22Paragraph 22
  123. 23Paragraph 23
  124. 24Paragraph 24
  125. 25Paragraph 25
  126. 26Paragraph 26
  127. 27Paragraph 27
  128. Part IV: PROTECTION FOR LAND DRAINAGE, FLOOD DEFENCE, WATER RESOURCES AND FISHERIES
  129. 28Paragraph 28
  130. 29Paragraph 29
  131. 30Paragraph 30
  132. 31Paragraph 31
  133. 32Paragraph 32
  134. 33Paragraph 33
  135. 34Paragraph 34
  136. 35Paragraph 35
  137. 36Paragraph 36
  138. 37Paragraph 37
  139. 38Paragraph 38
  140. 39Paragraph 39
  141. 40Paragraph 40
  142. Part V: PROTECTION FOR BRITISH WATERWAYS BOARD
  143. 41Paragraph 41
  144. Interpretation
  145. Powers requiring BW’s consent
  146. 42Paragraph 42
  147. Vehicles, plant and machinery
  148. 43Paragraph 43
  149. Closure of towing paths etc.
  150. 44Paragraph 44
  151. Fencing
  152. 45Paragraph 45
  153. Approval of plans, protective works, etc.
  154. 46Paragraph 46
  155. Notice of works
  156. 47Paragraph 47
  157. Lighting
  158. 48Paragraph 48
  159. Construction of specified work
  160. 49Paragraph 49
  161. Prevention of pollution
  162. 50Paragraph 50
  163. Access to work: provision of information
  164. 51Paragraph 51
  165. Repayment of BW’s fees, etc.
  166. 52Paragraph 52
  167. Making good of detriment: compensation and indemnity, etc.
  168. 53Paragraph 53
  169. Arbitration
  170. 54Paragraph 54
  171. Explanatory note