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The Network Rail (Hope Valley Capacity) Order 2018

S.I. 2018/446 · Made 28 March 2018

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Transport And Works, England

Transport, England

Made 28th March 2018

Coming into force 18th April 2018

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 has caused an inquiry to be held for the purposes of the application under 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposal comprised in the application with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 16th February 2018.

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 16 of Schedule 1 to, the 1992 Act, makes the following Order:

Annotations to the whole text

Footnotes

f1

S.I. 2006/1466, as 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, S.I. 2013/755 and S.I. 2017/1070.

f2

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

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of the Railway 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. 9Temporary stopping up of streets
  14. 10Access to works
  15. 11Construction and maintenance of altered streets
  16. 12Agreements with street authorities
  17. 13Replacement and closure of footpath level crossing
  18. Supplemental powers
  19. 14Discharge of water
  20. 15Protective works to buildings
  21. 16Power to survey and investigate land
  22. Part 3: ACQUISITION AND POSSESSION OF LAND
  23. Powers of acquisition
  24. 17Power to acquire land
  25. 18Application of Part 1 of the 1965 Act
  26. 19Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  27. 20Power to acquire new rights
  28. 21Cases where powers of acquisition limited to ground anchor rights
  29. 22Power to acquire subsoil or airspace only
  30. 23Rights under or over streets
  31. Temporary Possession of Land
  32. 24Temporary use of land for construction of works
  33. 25Temporary use of land for maintenance of works
  34. Compensation
  35. 26Disregard of certain interests and improvements
  36. 27Set-off for enhancement in value of retained land
  37. Supplementary
  38. 28Extinction or suspension of private rights of way
  39. 29Time limit for exercise of powers of acquisition
  40. Part 4: MISCELLANEOUS AND GENERAL
  41. 30Defence to proceedings in respect of statutory nuisance
  42. 31Planning permission
  43. 32Power to lop trees overhanging the authorised works
  44. 33Power to operate and use railway
  45. 34Obstruction of construction of authorised works
  46. 35Temporary traffic regulation
  47. 36Traffic signs
  48. 37Disclosure of confidential information
  49. 38Statutory undertakers etc.
  50. 39Protection of interests
  51. 40Certification of plans etc.
  52. 41Service of notices
  53. 42No double recovery
  54. 43Arbitration
  55. Signature
  56. Schedule 1SCHEDULED WORKS
  57. Schedule 2ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS
  58. Schedule 3STREETS SUBJECT TO STREET WORKS
  59. Schedule 4STREETS TO BE TEMPORARILY STOPPED UP
  60. Schedule 5REPLACEMENT AND CLOSURE OF FOOTPATH CROSSING
  61. Schedule 6: 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 7ACQUISITION OF NEW RIGHTS ONLY
  70. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  71. Schedule 9TEMPORARY TRAFFIC REGULATION
  72. 1NO WAITING, NO PARKING AND NO LOADING AT ANY TIME
  73. 2SPEED RESTRICTIONS
  74. Schedule 10: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  75. Apparatus of statutory undertakers etc. on land acquired
  76. 1Paragraph 1
  77. 2Paragraph 2
  78. 3Paragraph 3
  79. 4Paragraph 4
  80. 5Paragraph 5
  81. 6Paragraph 6
  82. 7Paragraph 7
  83. Schedule 11: PROTECTIVE PROVISIONS
  84. Part 1: FOR THE PROTECTION OF SPECIFIED UNDERTAKERS
  85. 1Paragraph 1
  86. 2Paragraph 2
  87. 3Paragraph 3
  88. 4Paragraph 4
  89. 5Paragraph 5
  90. 6Paragraph 6
  91. 7Paragraph 7
  92. 8Paragraph 8
  93. 9Paragraph 9
  94. 10Paragraph 10
  95. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  96. 11Paragraph 11
  97. 12Paragraph 12
  98. 13Paragraph 13
  99. 14Paragraph 14
  100. Part 3: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  101. 15Paragraph 15
  102. 16Paragraph 16
  103. 17Paragraph 17
  104. 18Paragraph 18
  105. 19Paragraph 19
  106. 20Paragraph 20
  107. 21Paragraph 21
  108. 22Paragraph 22
  109. 23Paragraph 23
  110. 24Paragraph 24
  111. 25Paragraph 25
  112. 26Paragraph 26
  113. Part 4: FOR THE PROTECTION OF LEAD LOCAL FLOOD AUTHORITIES
  114. 27Paragraph 27
  115. 28Paragraph 28
  116. 29Paragraph 29
  117. 30Paragraph 30
  118. 31Paragraph 31
  119. 32Paragraph 32
  120. 33Paragraph 33
  121. 34Paragraph 34
  122. 35Paragraph 35
  123. Explanatory note