The River Tyne (Tunnels) Order 2005
S.I. 2005/2222 · Made 5 August 2005 · Extends to England and Wales
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
Made 5th August 2005
Coming into force 26th August 2005
Whereas 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 2000f1 made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992f2 (“the Act”) and section 4 of the Tyne Tunnels Act 1998f3 for an Order under sections 3 and 5 of the 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 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And whereas the Secretary of State, having considered the objections made and not withdrawn, and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 of the opinion that the primary object of this Order cannot be achieved by means of an order under the Harbours Act 1964f4;
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 2 of Schedule 3 to this Order is not required;
And whereas notice of the Secretary of State’s determination was published in The London Gazette on 22nd July 2005;
Now, therefore, the Secretary of State in exercise of the powers conferred on him by sections 3 and 5 of, and paragraphs 1 to 5, 7 to 13 and 15 to 17 of Schedule 1 to, the Act, section 4 of the Tyne Tunnels Act 1998 and the Transport and Works (Description of Works Interfering with Navigation) Order 1992f5, hereby makes the following Order:
Annotations to the whole text
Footnotes
Contents
- Part 1: preliminary
- 1Citation and commencement
- 2Interpretation
- Part 2: works provisions
- Principal powers
- 3Power to construct and maintain works
- 4Power to deviate
- Streets
- 5Power to execute street works
- 6Power to alter layout of streets
- 7Stopping up of streets and extinguishments of rights
- 8Temporary stopping up of streets
- 9Access to works
- 10Construction and maintenance of new or altered streets
- 11Agreements with street authorities
- 12Trunk roads
- Supplemental powers
- 13Discharge of water
- 14Safeguarding works to buildings
- 15Planning permission: supplementary matters
- 16Power to survey and investigate land
- 17Additional powers
- 18Prohibitions within the tunnel area
- 19Protection of tunnel, etc.
- 20Restriction on mooring of vessels, etc.
- Part 3: acquisition and possession of land
- Powers of acquisition
- 21Power to acquire land
- 22Application of Part I of the Compulsory Purchase Act 1965
- 23Power to acquire new rights
- 24Power to acquire subsoil only
- 25Cases where powers of acquisition limited to subsoil
- 26Vesting declarations
- Temporary possession of land
- 27Temporary use of land for construction of works
- 28Temporary use of land for maintenance of works
- Compensation
- 29Disregard of certain interests and improvements
- Supplementary
- 30Acquisition of part of certain properties
- 31Extinguishment and suspension of private rights of way
- 32Use of subsoil
- 33Noise Insulation Regulations
- 34Time limit for exercise of powers of acquisition
- Part 4: operational
- 35Power to operate, use and maintain the tunnel crossing
- 36Closing the tunnel crossing
- 37No mains or pipes
- 38Obstruction of works and trespass on the tunnel crossing
- 39Traffic control
- 40Power to contract for police services
- 41Power to make byelaws
- Part 5: concession and financing arrangements
- 42Power to charge tolls
- 43Power to enter in to concession agreements and lease or transfer the undertaking etc.
- 44Application of landlord and tenant law
- Part 6: miscellaneous and general
- 45Saving for Trinity House and protection of navigation
- 46Protection of certain persons
- 47Statutory undertakers, etc.
- 48Minerals
- 49Application of local legislation
- 50Repeal of enactments
- 51Certification of plans, etc.
- 52Service of notices
- 53No double recovery
- 54Arbitration
- Signature
- Schedule 1SCHEDULED WORKS
- Schedule 2STREETS SUBJECT TO WORKS
- Schedule 3: STREETS TO BE STOPPED UP
- 1streets for which a substitute is to be provided
- 2streets for which no substitute is to be provided
- Schedule 4STREETS TO BE TEMPORARILY STOPPED UP
- Schedule 5ACCESS TO WORKS
- Schedule 6LAND COMPRISING OPEN SPACE EXCLUDED FROM COMPULSORY ACQUISITION
- Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- Compensation Enactments
- 1Paragraph 1
- 2Paragraph 2
- Adaptation of the 1965 Act
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 9: PROTECTION OF NAVIGATION
- 1Paragraph 1
- Tidal works
- 2Paragraph 2
- Damage etc. to works
- 3Paragraph 3
- Abandonment etc. of structures
- 4Paragraph 4
- Surveys etc.
- 5Paragraph 5
- Offences
- 6Paragraph 6
- Expenses
- 7Paragraph 7
- Schedule 10: PROTECTION OF CERTAIN PERSONS
- Part 1: general
- Application of Schedule 10
- 1Paragraph 1
- Arbitration
- 2Paragraph 2
- Part 2: protection of the environment agency
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Part 3: protection of the port of tyne authority
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- Part 4: protection of electronic communications undertakers
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- Part 5: protection of nexus
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- Part 6: protection of network rail infrastructure ltd
- Interpretation
- 61Paragraph 61
- Powers requiring consent of NRI
- 62Paragraph 62
- Fencing
- 63Paragraph 63
- Approval of plans
- 64Paragraph 64
- Construction of specified works
- 65Paragraph 65
- Access
- 66Paragraph 66
- 67Paragraph 67
- Alterations, etc. to railway property
- 68Paragraph 68
- Repayment of Network Rail’s fees etc.
- 69Paragraph 69
- Maintenance of specified works
- 70Paragraph 70
- Illuminated signs etc.
- 71Paragraph 71
- Alterations etc. to railway property : repayment of additional expenses
- 72Paragraph 72
- Indemnity
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- Part 7: protection of electricity and gas undertakers
- Interpretation
- 76Paragraph 76
- Temporarily stopped up streets, etc: maintenance of apparatus
- 77Paragraph 77
- Acquisition of apparatus
- 78Paragraph 78
- Removal of apparatus: alternative apparatus
- 79Paragraph 79
- 80Paragraph 80
- Protection of apparatus
- 81Paragraph 81
- Stopped up highways: access to apparatus
- 82Paragraph 82
- Repayment of expenses
- 83Paragraph 83
- Indemnity
- 84Paragraph 84
- Payment for redundant apparatus
- 85Paragraph 85
- Existing enactments and agreements
- 86Paragraph 86
- Part 8: protection for sewerage and water undertakers
- 87Paragraph 87
- No application where street works code applies
- 88Paragraph 88
- Disapplication of Schedule 11 in part
- 89Paragraph 89
- Acquisition of apparatus etc.
- 90Paragraph 90
- Exercise of powers respecting trial holes
- 91Paragraph 91
- Access
- 92Paragraph 92
- Condition surveys
- 93Paragraph 93
- Prior investigation
- 94Paragraph 94
- Plan approval
- 95Paragraph 95
- 96Paragraph 96
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- Schedule 11: 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
- Railway and navigation undertakings
- 3Paragraph 3
- Schedule 12: APPLICATION OF LOCAL LEGISLATION
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 13ENACTMENTS REPEALED AND CEASING TO HAVE EFFECT
- Schedule 14: LEVEL OF TOLLS
- Part 1: Initial toll level
- 1Paragraph 1
- Revision of toll levels between appointed day and the concession toll date
- 2Paragraph 2
- 3Paragraph 3
- Toll levels on and from the concession toll date
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Local Inquiries
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Further provision in respect of tolls
- 16Paragraph 16
- 17Paragraph 17
- General Provisions as to Tolls
- 18Paragraph 18
- 19Paragraph 19
- 2the river tyne (tunnels) order 2005 (the “order”)
- Explanatory note