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The Network Rail (Buxton Sidings Extension) Order 2017

S.I. 2017/1150 · Made 28 November 2017

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Transport And Works, England

Transport, England

Made 28th November 2017

Coming into force 19th December 2017

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The Secretary of State, having considered the objections made and not withdrawn, has determined to make an Order giving effect to the proposal comprised in the application with modifications which in the opinion of the Secretary of State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 31st October 2017.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 4, 7, 8, 10, 11 and 16 of Schedule 1 to, the 1992 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

S.I. 2006/1466, amended by S.I. 2010/439, S.I. 2011/556, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2012/2590 and S.I. 2103/755.

f2

1992 c. 42, section 1 was amended by paragraphs 51 and 52 of Schedule 2 to the Planning Act 2008 (c. 29), section 5 was amended by S.I. 2012/1659.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of Railways Clauses Acts
  5. 4Application of the 1991 Act
  6. 5Disapplication of legislative provisions
  7. Part 2: WORKS PROVISIONS
  8. Principal powers
  9. 6Power to construct and maintain works
  10. 7Power to deviate
  11. Streets
  12. 8Power to execute street works
  13. 9Stopping up of street
  14. 10Temporary stopping up of streets
  15. 11Access to works
  16. 12Construction and maintenance of new or altered streets
  17. 13Agreements with street authorities
  18. 14Construction of bridges
  19. Supplemental powers
  20. 15Discharge of water
  21. 16Protective works to buildings
  22. 17Power to survey and investigate land
  23. Part 3: ACQUISITION AND POSSESSION OF LAND
  24. Powers of acquisition
  25. 18Power to acquire land
  26. 19Application of Part 1 of the 1965 Act
  27. 20Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  28. 21Power to acquire new rights
  29. 22Power to acquire subsoil or airspace only
  30. Temporary possession of land
  31. 23Temporary use of land for construction of works
  32. 24Temporary use of land for maintenance of works
  33. Compensation
  34. 25Disregard of certain interests and improvements
  35. 26Set-off for enhancement in value of retained land
  36. Supplementary
  37. 27Extinction or suspension of private rights of way
  38. 28Time limit for exercise of powers of acquisition
  39. Part 4: MISCELLANEOUS AND GENERAL
  40. 29Defence to proceedings in respect of statutory nuisance
  41. 30Planning permission
  42. 31Power to lop trees overhanging the authorised works
  43. 32Power to operate and use railway
  44. 33Obstruction of construction of authorised works
  45. 34Temporary traffic regulation
  46. 35Traffic signs
  47. 36Disclosure of confidential information
  48. 37Statutory undertakers etc.
  49. 38Protection of interests
  50. 39Certification of plans etc.
  51. 40Service of notices
  52. 41No double recovery
  53. 42Arbitration
  54. Signature
  55. Schedule 1SCHEDULED WORKS
  56. Schedule 2ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS
  57. Schedule 3STREETS SUBJECT TO STREET WORKS
  58. Schedule 4STREET TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  59. Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
  60. Schedule 6ACCESS TO WORKS
  61. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  62. Compensation enactments
  63. 1Paragraph 1
  64. 2Paragraph 2
  65. 3Paragraph 3
  66. Application of Part 1 of the 1965 Act
  67. 4Paragraph 4
  68. 5Paragraph 5
  69. Schedule 8ACQUISITION OF NEW RIGHTS ONLY
  70. Schedule 9LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  71. Schedule 10TEMPORARY TRAFFIC REGULATION
  72. Schedule 11: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  73. Apparatus of statutory undertakers etc. on land acquired
  74. 1Paragraph 1
  75. Apparatus of statutory undertakers etc. in stopped up streets
  76. 2Paragraph 2
  77. 3Paragraph 3
  78. Schedule 12: PROTECTIVE PROVISIONS
  79. Part 1: FOR THE PROTECTION OF SPECIFIED UNDERTAKERS
  80. 1Paragraph 1
  81. 2Paragraph 2
  82. 3Paragraph 3
  83. 4Paragraph 4
  84. 5Paragraph 5
  85. 6Paragraph 6
  86. 7Paragraph 7
  87. 8Paragraph 8
  88. 9Paragraph 9
  89. 10Paragraph 10
  90. 11Paragraph 11
  91. Part 2: FOR THE PROTECTION OF LEAD LOCAL FLOOD AUTHORITIES
  92. 12Paragraph 12
  93. 13Paragraph 13
  94. 14Paragraph 14
  95. 15Paragraph 15
  96. 16Paragraph 16
  97. 17Paragraph 17
  98. 18Paragraph 18
  99. 19Paragraph 19
  100. 20Paragraph 20
  101. Explanatory note