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The Chiltern Railways (Bicester to Oxford Improvements) Order 2012

S.I. 2012/2679 · Made 23 October 2012 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2017.

Transport And Works, England

Transport, England

Made 23rd October 2012

Coming into force 13th November 2012

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 2006f1 for an Order under sections 1 and 5 of the Transport and Works Act 1992f2 (“the 1992 Act”).

The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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.

Notice of the Secretary of State’s determination was published in the London Gazette on 22nd October 2012.

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 and 15 to 17 of Schedule 1 to, the 1992 Act, makes the following Order:—

Annotations to the whole text

Footnotes

f1

S.I. 2006/1466.

f2

1992 c. 42. Part 1 of this Act is amended by S.I. 1995/1541, 1998/2226, 2000/3199 and 2006/958.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of Railways Clauses Acts
  5. 4Application of the 1991 Act
  6. Part 2: WORKS PROVISIONS
  7. Principal powers
  8. 5Power to construct and maintain works
  9. 6Power to deviate
  10. Streets
  11. 7Power to keep apparatus in streets
  12. 8Power to execute street works
  13. 9Stopping up of streets
  14. 10Temporary stopping up of streets
  15. 11Access to works
  16. 12Construction and maintenance of new or altered streets
  17. 13Construction of bridges and tunnels
  18. 14Agreements with street authorities
  19. Level Crossings
  20. 15Replacement and closure of road level crossings
  21. 16Replacement and closure of footpath level crossings
  22. 17Accommodation crossings
  23. Supplemental powers
  24. 18Temporary closure of part of Rewley Abbey Stream and Castle Mill Stream
  25. 19Discharge of water
  26. 20Protective works to buildings, roads or apparatus of a statutory undertaker
  27. 21Power to survey and investigate land
  28. Part 3: ACQUISITION AND POSSESSION OF LAND
  29. Powers of acquisition
  30. 22Power to acquire land
  31. 23Application of Part 1 of the 1965 Act
  32. 24Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  33. 25Power to acquire new rights
  34. 26Power to acquire airspace only
  35. 27Cases where powers of acquisition limited to ground anchor rights
  36. 28Rights under or over streets
  37. Temporary possession of land
  38. 29Temporary use of land for construction of works
  39. 30Temporary use of land for maintenance of works
  40. Supplemental provisions
  41. 31Limitation of powers
  42. Compensation
  43. 32Disregard of certain interests and improvements
  44. 33Set-off for enhancement in value of retained land
  45. Supplementary
  46. 34Acquisition of part of certain properties
  47. 35Extinction or suspension of private rights of way
  48. 36Time limit for exercise of powers of acquisition
  49. Part 4: MISCELLANEOUS AND GENERAL
  50. 37Traffic regulation
  51. 38Defence to proceedings in respect of statutory nuisance
  52. 39Planning permission
  53. 40Power to lop trees overhanging the authorised works
  54. 41Open Space at Tubbs Lane
  55. 42Power to operate and use railway
  56. 43Power to transfer undertaking
  57. 44Agreements with Network Rail
  58. 45Application of landlord and tenant law
  59. 46Obstruction of construction of authorised works
  60. 47Trespass
  61. 48Disclosure of confidential information
  62. 49Statutory undertakers etc.
  63. 50For the protection of specified undertakers
  64. 51For the protection of the Environment Agency
  65. 52For the protection of Network Rail
  66. 53For the protection of the Canal & River Trust
  67. 54Certification of plans etc.
  68. 55Service of notices
  69. 56No double recovery
  70. 57Arbitration
  71. Signature
  72. Schedule 1SCHEDULED WORKS
  73. Schedule 2ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS
  74. Schedule 3STREETS SUBJECT TO STREET WORKS
  75. Schedule 4: STREETS TO BE STOPPED UP
  76. 1STREET FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  77. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  78. Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
  79. Schedule 6ACCESS TO WORKS
  80. Schedule 7REPLACEMENT AND CLOSURE OF ROAD LEVEL CROSSINGS
  81. Schedule 8REPLACEMENT AND CLOSURE OF FOOTPATH LEVEL CROSSINGS
  82. Schedule 9: ACCOMMODATION CROSSINGS
  83. 1ACCOMMODATION CROSSINGS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  84. 2ACCOMMODATION CROSSINGS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  85. Schedule 10: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS OR IMPOSITION OF RESTRICTIVE COVENANTS
  86. Compensation enactments
  87. 1Paragraph 1
  88. 2Paragraph 2
  89. Application of the 1965 Act
  90. 3Paragraph 3
  91. 4Paragraph 4
  92. 5Paragraph 5
  93. 6Paragraph 6
  94. 7Paragraph 7
  95. 8Paragraph 8
  96. 9Paragraph 9
  97. Schedule 11LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  98. Schedule 12TRAFFIC REGULATION
  99. Schedule 13: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  100. Apparatus of statutory undertakers etc. on land acquired
  101. 1Paragraph 1
  102. Apparatus of statutory undertakers etc. in stopped up streets
  103. 2Paragraph 2
  104. Railway and navigation undertakings
  105. 3Paragraph 3
  106. Schedule 14: FOR THE PROTECTION OF SPECIFIED UNDERTAKERS
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. 4Paragraph 4
  111. 5Paragraph 5
  112. 6Paragraph 6
  113. 7Paragraph 7
  114. 8Paragraph 8
  115. 9Paragraph 9
  116. 10Paragraph 10
  117. Schedule 15: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  118. 1Paragraph 1
  119. 2Paragraph 2
  120. 3Paragraph 3
  121. 4Paragraph 4
  122. 5Paragraph 5
  123. 6Paragraph 6
  124. 7Paragraph 7
  125. 8Paragraph 8
  126. 9Paragraph 9
  127. 10Paragraph 10
  128. 11Paragraph 11
  129. 12Paragraph 12
  130. 13Paragraph 13
  131. Schedule 16: FOR THE PROTECTION OF NETWORK RAIL
  132. 1Paragraph 1
  133. 2Paragraph 2
  134. 3Paragraph 3
  135. 4Paragraph 4
  136. 5Paragraph 5
  137. 6Paragraph 6
  138. 7Paragraph 7
  139. 8Paragraph 8
  140. 9Paragraph 9
  141. 10Paragraph 10
  142. 11Paragraph 11
  143. 12Paragraph 12
  144. 13Paragraph 13
  145. 14Paragraph 14
  146. 15Paragraph 15
  147. 16Paragraph 16
  148. Schedule 17: FOR THE PROTECTION OF THE CANAL & RIVER TRUST
  149. 1Paragraph 1
  150. 2Paragraph 2
  151. 3Paragraph 3
  152. 4Paragraph 4
  153. 5Paragraph 5
  154. 6Paragraph 6
  155. 7Paragraph 7
  156. 8Paragraph 8
  157. 9Paragraph 9
  158. 10Paragraph 10
  159. 11Paragraph 11
  160. 12Paragraph 12
  161. 13Paragraph 13
  162. 14Paragraph 14
  163. 15Paragraph 15
  164. 16Paragraph 16
  165. 17Paragraph 17
  166. 18Paragraph 18
  167. 19Paragraph 19
  168. 20Paragraph 20
  169. 21Paragraph 21
  170. 22Paragraph 22
  171. 23Paragraph 23
  172. 24Paragraph 24
  173. Explanatory note