2022 No. 1067

Transport And Works, England

Transport, England

The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022

Made13th October 2022

Coming into force3rd November 2022

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 20061 for an Order under sections 1 and 5 of the Transport and Works Act 19922 (“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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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

The Secretary of State having considered representations duly made under section 13 of the 1992 Act, has determined to make the Order applied for with modification.

Notice of the Secretary of State’s determination was published in the London Gazette on 6 July 2022.

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, makes the following Order—

PART 1PRELIMINARY

Citation and commencement1

This Order may be cited as the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 and comes into force on 3rd November 2022.

Interpretation2

1

In this Order—

“the 1961 Act” means the Land Compensation Act 19613;
“the 1965 Act” means the Compulsory Purchase Act 19654;
“the 1980 Act” means the Highways Act 19805;
“the 1981 Act” means the Acquisition of Land Act 19816;
“the 1984 Act” means the Road Traffic Regulation Act 19847;
“the 1990 Act” means the Town and Country Planning Act 19908;
“the 1991 Act” means the New Roads and Street Works Act 19919;
“the 2003 Act” means the Communications Act 200310;
“the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 201611;
“address” includes any number or address used for the purposes of electronic transmission;
“authorised works” means the scheduled works and any other works authorised by this Order or any part of them;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“bridleway” has the same meaning as in the 1980 Act;
“building” includes any structure or erection or any part of a building, structure or erection;
“carriageway” has the same meaning as in the 1980 Act;
“cycle track” has the same meaning as in the 1980 Act;
“deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;
“deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“electronic transmission” means a communication transmitted—
1. a
  by means of an electronic communications network; or
2. b
  by other means but while in electronic form;
and in this definition “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 200312;
“footpath” and “footway” have the same meaning as in the 1980 Act;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;
“limits of land to be acquired or used” means the limits of land to be acquired or used shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” is to be construed accordingly;
“Network Rail” means Network Rail Infrastructure Limited (company registration number 02904587) whose registered office is at 1 Eversholt Street, London NW1 2DN;
“Order limits” means the limits of deviation and the limits of land to be acquired or used shown on the deposited plans;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the 1981 Act13;
“protective works limits” means the protective works limits shown on the deposited plans;
“the Trust” means the Canal and River Trust;
“the scheduled works” means the works specified in Schedule 1 (scheduled works) or any part of them;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;
“the tribunal” means the Lands Chamber of the Upper Tribunal;
“the relevant parts of the waterways” means—
1. a
  so much of the Huddersfield Broad Canal as is within the Order limits; and
2. b
  so much of the Calder and Hebble Navigation as is within the Order limits; and
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.

2

References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in Network Rail’s railway undertaking.

3

References in this Order to numbered plots are references to plot numbers on the deposited plans.

4

All distances, directions and lengths referred to in this Order are approximate and distances between points on a scheduled work are taken to be measured along the scheduled work.

5

References in this Order to points by letters, or letters and numbers are construed as references to points on the deposited plans.

Incorporation of the Railway Clauses Acts3

1

The following provisions of the Railways Clauses Consolidation Act 184514 are incorporated in this Order—

section 5815 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
section 68 (gates, bridges, &c);
section 71 (power to owners of land to make additional accommodation works), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
section 72 (such works to be constructed under the superintendence of the company’s engineer) and 73 (accommodation works not to be required after five years);
section 7516 (penalty on persons omitting to fasten gates);
section 77 (company not to be entitled to minerals, unless expressly purchased);
sections 78 to 85E17 and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 192318;
section 10319 (penalty on passengers practising frauds on the company);
section 10520 (penalty for bringing dangerous goods on railway), except for the words from “and if any person” to “for every such offence”; and
section 14521 (penalties to be summarily recovered before two justices).

2

Section 12 (as to expense of signals, watchmen, &c.) of the Railways Clauses Act 186322 is incorporated in this Order.

3

In those provisions, as incorporated in this Order—

“the company” means Network Rail;
“goods” includes anything conveyed on the railway authorised to be constructed by this Order;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and any other authorised works;
“the special Act” means this Order; and
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.

Application of the 1991 Act4

1

Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major transport works if—

a

they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or

b

they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 6423 (dual carriageways and roundabouts) of the 1980 Act.

2

The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

section 5624 (power to give directions as to timing of street works);
section 56A25 (power to give directions as to placing of apparatus);
section 5826 (restriction on works following substantial road works);
section 73A (power to require undertaker to re-surface street);
section 73B (power to specify timing, etc., of re-surfacing);
section 73C (materials, workmanship and standard of re-surfacing);
section 78A (contributions to costs of re-surfacing by undertaker); and
Schedule 3A27 (restriction on works following substantial street works).

3

The provisions of the 1991 Act mentioned in paragraph (4), together with other provisions of that Act, which apply in relation to the execution of street works, and any regulations made or code of practice issued or approved under those provisions, apply (with the necessary modifications) in relation to the temporary stopping up, temporary alteration or temporary diversion of a street by Network Rail under the powers conferred by article 14 (stopping up of streets) and article 15 (power to alter layout etc. of streets) and article 16 (temporary stopping up of streets) and the carrying out of works under article 13 (power to execute street works), whether or not the stopping up, alteration or diversion, or the carrying out of such works, constitutes street works within the meaning of that Act.

4

The provisions of the 1991 Act28 referred to in paragraph (3) are—

section 5429 (advance notice of certain works), subject to paragraph (5);
section 5530 (notice of starting date of works), subject to paragraph (5);
section 5731 (notice of emergency works);
section 5932 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 68 (facilities to be afforded to street authority);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);and
section 77 (liability for cost of use of alternative route);

and all such other provisions as apply for the purposes of the provisions mentioned above.

5

Sections 54 and 55 of the 1991 Act as applied by paragraph (3) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

6

Nothing in article 18 (construction and maintenance of new or altered streets)—

a

prejudices the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and Network Rail is not, by reason of any duty under that article to maintain a street, to be taken to be a street authority in relation to that street for the purposes of Part 3 of that Act; or

b

has effect in relation to street works with regard to which the provisions of Part 3 of the 1991 Act apply.

Disapplication of legislative provisions5

1

The following provisions do not apply in relation to any works executed under the powers conferred by this Order—

a

regulation 12(1)(a) (requirement for environmental permit) of the 2016 Regulations in relation to the carrying out of a relevant flood risk activity for the purposes of the works;

b

section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 199133;

c

paragraph 5 (effect of designation) of Schedule 1 (risk management: designation of features) to the Flood and Water Management Act 201034;

d

paragraph 7 (requirement for approval) of Schedule 3 (sustainable drainage) to the Flood and Water Management Act 2010; and

e

the provision of any byelaws made under, or having effect as if made under, section 66 (powers to make byelaws) of the Land Drainage Act 1991, which require consent or approval for the carrying out of the works.

2

In paragraph (1) “relevant flood risk activity” means an activity described in paragraph 3(1)(a), (b) or (c) of Schedule 25 (flood risk activities and excluded flood risk activities) to the 2016 Regulations.

3

Sections 80(2)(b), 81 and 82 of the Building Act 198435 do not apply to the demolition of the whole or part of a building carried out in exercise of the powers under this Order and to which section 80 of the Building Act 1984 otherwise applies.

Disapplication of legislative provisions relating to the surrender of an environmental permit6

1

The following provisions do not apply in relation to any application made by Network Rail pursuant to paragraph (2)—

a

regulation 25 (application for the surrender of an environmental permit) of the 2016 Regulations; and

b

part 1 of Schedule 5 (Environmental Permits) of the 2016 Regulations.

2

Subject to paragraph (3) Network Rail may by application to the Environment Agency request the surrender in whole or in part of any environmental permit—

a

issued by the Environment Agency to any person; or

b

Application of local railway enactments7

1

The following provisions do not apply in relation to any works executed under the powers conferred by this Order—

a

section 38 (company not to obstruct the navigation of the river and canal in constructing or repairing their bridges) of the Manchester and Leeds Railway Act 183636;

b

section 100 (regulations as to width and height of bridges for carrying railway over public roads) of the Manchester and Leeds Railway Act 1836;

c

section 102 (regulating bridges for carrying public roads over railway) of the Manchester and Leeds Railway Act 1836;

d

section 12 (as to width and height of bridges for carrying railway over public roads) of the Manchester and Leeds Railway Act 183737;

e

section 13 (regulating width and ascent of bridges for carrying public roads over railway) of the Manchester and Leeds Railway Act 1837;

f

section 30 (bridge over Thornhill Lees Cut) of the Manchester and Leeds Railway Act 1837;

g

section 33 (no obstruction to be made to the Calder and Hebble Navigation, &c.) of the Manchester and Leeds Railway Act 1837;

h

section 25 (prescribing manner of constructing bridges over cuts in the township of Mirfield) of the Leeds, Dewsbury and Manchester Railway Act 184538;

i

section 26 (prescribing manner of constructing bridges over the river part of the Calder and Hebble Navigation) of the Leeds, Dewsbury and Manchester Railway Act 1845;

j

section 27 (no obstruction to be made to the Calder and Hebble Navigation, &c.) of the Leeds, Dewsbury and Manchester Railway Act 1845;

k

section 16 (clauses of recited Act as to the protection of the Calder and Hebble Navigation extended to this Act) Leeds, Dewsbury and Manchester (Deviations and Branches) Railway Act 184639; and

l

section 21 (for the protection of the Calder and Hebble Navigation) of the London and North Western Railway Act 188540.

2

Section 4(2) (power to make railway, &c. according to deposited plans) of the London and North Western Railway (Wortley to Leeds, &c.) Act 187841 has effect subject to the repeal of—

Provided always, that the Company shall not enter upon, take, or use any part of the lands numbered 84 on that part of the deposited plans which relates to the parish of Huddersfield, expect with the previous consent in writing of William Henry Hirst, his executors, administrators or assigns:

3

Section 22 (for the protection of the Lancashire and Yorkshire Railway Company as to new road at Ravensthorpe) of the London and North Western Railway Act 1885 is repealed and ceases to have effect.

4

Section 38 (agreement with Ravensthorpe and Thornhill local boards confirmed) of the London and North Western Railway Act 188842 is repealed and ceases to have effect.

PART 2WORKS PROVISIONS

a

deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation for that work; and

b

deviate vertically from the levels shown on the deposited sections—

i

to any extent upwards not exceeding 0.5 metres in relation to Work Nos. 1A and 1B;

ii

to any extent upwards not exceeding 3 metres; or

iii

to any extent downwards as may be found to be necessary or convenient.

Streets

Power to execute street works13

1

Network Rail may, for the purposes of the authorised works, enter upon so much of any of the streets specified in Schedule 3 (streets subject to street works) as are within the Order limits to the extent necessary and may—

a

break up or open the street, or any sewer, drain or tunnel under it, or tunnel or bore under the street;

b

place apparatus in the street;

c

maintain apparatus in the street or change its position; and

d

execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c).

2

This article is subject to paragraph 3 of Schedule 18 (provisions relating to statutory undertakers etc.).

3

In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act.

This article is subject to paragraph 2 of Schedule 18 (provisions relating to statutory undertakers etc.).

Power to alter layout etc. of streets15

1

Network Rail may for the purposes of the authorised works alter the layout of, and carry out any works in, the streets specified in columns (1) and (2) of Schedule 5 (streets subject to alteration of layout) in the manner specified in relation to that street in column (3).

2

Without limiting the scope of the specific powers conferred by article 8 (power to construct and maintain works) or paragraph (1), but subject to paragraph (3), Network Rail may, for the purposes of constructing, maintaining or using the authorised works, alter the layout of any street within the Order limits and the layout of any street having a junction with such a street; and, without limitation on the scope of that power, Network Rail may—

a

increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street;

b

alter the level or increase the width of any such kerb, footpath, footway, cycle track or verge; and

c

reduce the width of the carriageway of the street.

3

Network Rail must restore to the reasonable satisfaction of the street authority any street which has been temporarily altered under this article.

4

The powers conferred by paragraph (2) must not be exercised without the consent of the street authority, but such consent must not be unreasonably withheld.

5

If within 28 days of receiving an application for consent under paragraph (4) a street authority fails to notify Network Rail of its decision or refuses consent without giving any grounds for its refusal, that street authority is deemed to have granted consent.

Temporary stopping up of streets16

1

Network Rail, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time—

a

divert the traffic from the street; and

b

subject to paragraph (3), prevent all persons from passing along the street.

2

Without limitation on the scope of paragraph (1), Network Rail may use any street stopped up under the powers conferred by this article as a temporary working site.

3

Network Rail must provide reasonable access for pedestrians going to or from premises abutting a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.

4

Without limitation on the scope of paragraph (1), Network Rail may exercise the powers conferred by this article in relation to the streets specified in columns (1) and (2) of Schedule 6 (streets to be temporarily stopped up) to the extent specified in column (3) of that Schedule.

5

Network Rail must not exercise the powers conferred by this article—

a

in relation to any street specified as mentioned in paragraph (4) without first consulting the street authority; and

b

in relation to any other street without the consent of the street authority which may attach reasonable conditions to any consent, but such consent must not be unreasonably withheld.

6

Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

7

If within 28 days of receiving an application for consent under paragraph (5)(b) a street authority fails to notify Network Rail of its decision or refuses consent without giving any grounds for its refusal that street authority is deemed to have granted consent.

Access to works17

1

Network Rail may, for the purposes of the authorised works—

a

form and lay out means of access, or improve existing means of access, in the locations specified in columns (1) and (2) of Schedule 7 (access to works) at or about the points marked “A” on the deposited plans; and

b

with the approval of the highway authority, form and lay out such other means of access, or improve existing means of access, at such locations within the Order limits as Network Rail reasonably requires for the purposes of the authorised works.

2

If a highway authority fails to notify Network Rail of its decision within 28 days of receiving an application for approval, under paragraph (1)(b), the highway authority is deemed to have granted approval.

Construction and maintenance of new or altered streets18

1

With the exception of the street specified in paragraph (6), any street to be constructed under this Order must be completed to the reasonable satisfaction of the highway authority and, unless otherwise agreed in writing between Network Rail and the highway authority, must be maintained by and at the expense of Network Rail for a period of 12 months from its completion and at the expiry of that period by and at the expense of the highway authority.

2

Where a street is altered or diverted under this Order, the altered or diverted part of the street must, when completed to the reasonable satisfaction of the street authority, unless otherwise agreed in writing between Network Rail and the street authority, be maintained by and at the expense of Network Rail for a period of 12 months from its completion and from the expiry of that period by and at the expense of the street authority.

3

Paragraphs (1) and (2) do not apply in relation to the structure of any bridge or tunnel carrying a street over or under any railway of Network Rail and except as provided in those paragraphs Network Rail is not liable to maintain the surface of any street under or over which the scheduled works are constructed, or the immediate approaches to any street.

4

In any action against Network Rail in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without affecting any other defence or the application of the law relating to contributory negligence) to prove that Network Rail had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

5

For the purposes of a defence under paragraph (4), the court must in particular have regard to the following matters—

a

the character of the street and the traffic which was reasonably to be expected to use it;

b

the standard of maintenance appropriate for a street of that character and used by such traffic;

c

the state of repair in which a reasonable person would have expected to find the street;

d

whether Network Rail knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and

e

where Network Rail could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that Network Rail had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that Network Rail had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions.

6

The excepted street in paragraph (1) is the access road on the land numbered 25-049, 25-056 and 25-067 in the district of the Kirklees on the deposited plans.

7

In the case of the street specified in paragraph (6), the street to be constructed under this Order must be completed to the reasonable satisfaction of the street authority and, unless otherwise agreed in writing between Network Rail and the street authority, must be maintained by and at the expense of Network Rail for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.

Construction of bridges19

1

Any bridge to be constructed under this Order for carrying a highway over or under a railway must be constructed in accordance with the plans and specifications approved by the highway authority, but such approval not to be unreasonably withheld.

2

If within 28 days of receiving an application for approval under paragraph (1) a highway authority fails to notify Network Rail of its decision or refuses approval without giving any grounds for its refusal that highway authority is deemed to have granted approval.

Agreements with street authorities20

1

A street authority and Network Rail may enter into agreements with respect to—

a

the construction of any new street (including any structure carrying the street over or under a railway) under the powers conferred by this Order;

b

the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order;

c

the maintenance of the structure of any bridge constructed under the powers conferred by this Order;

d

any stopping up, alteration or diversion of a street under the powers conferred by this Order; or

e

the execution in the street of any of the works referred to in article 13(1) (power to execute street works).

2

Such an agreement may, without limitation on the scope of paragraph (1)—

a

make provision for the street authority to carry out any function under this Order which relates to the street in question; and

b

contain such terms as to payment and otherwise as the parties consider appropriate.

Accommodation Crossings

Accommodation crossings21

1

Subject to paragraph (2) and regardless of anything in the Manchester and Leeds Railway Act 1836, the Manchester and Leeds Railway Act 1837 and section 68 (accommodation works by the Company) of the Railways Clauses Consolidation Act 1845 as incorporated in the Huddersfield and Manchester Railway and Canal Act 184543, the Leeds, Dewsbury and Manchester Railway Act 1845, the Huddersfield and Manchester Railway and Canal (Huddersfield Diversion and Cooper Bridge Branch) Act 184644 and the London and North Western Railway (Wortley to Leeds etc.) Act 187845 or any other enactment or instrument, all public or private rights of way (if any) across the railway by means of the accommodation facilities specified in columns (2) and (3) of Parts 1 and 2 Schedule 8 (accommodation crossings), are extinguished.

2

Paragraph (1) does not take effect with respect to the extinguishment of the private rights of way by means of an accommodation facility specified in columns (2) and (3) of Part 1 of Schedule 8 (accommodation crossings for which a substitute is to be provided) until the accommodation facility specified in relation to it in column (4) of Part 1 of that Schedule has been provided.

3

Any person who suffers loss by the extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

Supplemental powers

Discharge of water22

1

Network Rail may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction, operation or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

2

Any dispute arising from the exercise of the powers in paragraph (1) to connect to or use a public sewer or drain is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 199146.

3

Network Rail must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

4

Network Rail must not make any opening into any public sewer or drain except—

a

in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

b

where that person has been given the opportunity to supervise the making of the opening.

5

Network Rail must not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.

6

Network Rail must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

7

Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) (requirement for environmental permit) of the 2016 Regulations.

8

If a person who receives an application for consent or approval fails to notify Network Rail of a decision within 28 days of receiving an application for consent under paragraph (3) or approval under paragraph (4)(a) that person is deemed to have granted consent or given approval, as the case may be.

after the completion of the construction of that part of the authorised works in the vicinity of the building, road or apparatus at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.

3

For the purpose of determining how the functions under this article are to be exercised Network Rail may (subject to paragraph (5)) enter and survey any building, go onto and survey, any road or access and survey any apparatus falling within paragraph (1) and any land within the curtilage of the building or in which the apparatus is located.

4

For the purpose of carrying out protective works under this article to a building, road or apparatus Network Rail may (subject to paragraphs (5) and (6))—

a

enter the building, go onto the road or access the apparatus and any land within the curtilage of the building or in which the apparatus is located; and

b

where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building (but outside its curtilage) or adjacent to the road or the land in which the apparatus is located, enter the adjacent land (but not any building erected on it).

5

Before exercising—

a

a right under paragraph (1) to carry out protective works to a building, road or apparatus;

b

a right under paragraph (3) to enter a building, go onto a road or access apparatus and land within the curtilage of the building or in which the apparatus is located;

c

a right under paragraph (4)(a) to enter a building, go onto a road or access apparatus and land within the curtilage of the building or in which the apparatus is located; or

d

a right under paragraph (4)(b) to enter land,

Network Rail must, except in the case of emergency, serve on the owners and occupiers of the building or land or the owner of the road or apparatus not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

6

Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land or the owner of the road or apparatus concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 57 (arbitration).

7

Network Rail must compensate the owners and occupiers of any building or land or the owner of the road or apparatus in relation to which the powers conferred by this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.

8

Where—

a

protective works are carried out under this article to a building, road or apparatus falling within paragraph (1); and

b

within the period of 5 years beginning with the day on which the part of the authorised works constructed in the vicinity of the building, road or apparatus is first opened for use it appears that the protective works are inadequate to protect the building, road or apparatus against damage caused by the construction or operation of that part of the authorised works,

Network Rail must compensate the owners and occupiers of the building, road or apparatus for any loss or damage sustained by them.

9

Without affecting article 56 (no double recovery) nothing in this article relieves Network Rail from any liability to pay compensation under section 10(2)48 (further provision as to compensation for injurious affection) of the 1965 Act.

10

Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

11

In this article—

“protective works” in relation to a building, road or apparatus means—
1. a
  underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building, road or apparatus by the construction, maintenance or operation of the authorised works;
2. b
  any works the purpose of which is to remedy any damage which has been caused to the building, road or apparatus by the construction, maintenance or operation of the authorised works; and
3. c
  any works the purpose of which is to secure the safe operation of the authorised works or to prevent or minimise the risk of such operation being disrupted; and
“road” includes any structure supporting the road.

in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld.

14

If either a highway authority or a street authority which receives an application for consent fails to notify Network Rail of its decision within 14 days of receiving the application for consent—

a

under paragraph (13)(a) in the case of a highway authority; or

b

under paragraph (13)(b) in the case of a street authority,

that authority is deemed to have granted consent.

15

Network Rail must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

16

Nothing in this article overrides the need to obtain scheduled monument consent under the Ancient Monuments and Archaeological Areas Act 197951.

Temporary closure of, and works in the Huddersfield Broad Canal and the Calder and Hebble Navigation25

1

Network Rail may, in connection with the construction of the authorised works—

a

temporarily interfere with the relevant parts of the waterways by constructing or maintaining caissons, cofferdams or other temporary works at any point within the relevant part of the waterway as Network Rail considers necessary or expedient;

b

temporarily moor or anchor barges or other vessels or craft in the relevant parts of the waterways;

c

load or unload into and from such barges, other vessels or craft as are referred to in sub-paragraph (b) equipment, machinery, soil and any other materials; and

d

temporarily close to navigation the relevant parts of the waterways.

2

During the period of any closure referred to in paragraph (1)(d), all rights of navigation and other rights relating to, and any obligations of the Trust to manage, the relevant parts of the waterways so closed are to be suspended and unenforceable against the Trust.

3

The power conferred by paragraph (1) must be exercised in a way which secures—

any land shown on the deposited plans within the protective works limits and described in the book of reference; and

b

any land specified in Schedule 17 (temporary use of land for access).

Application of Part 1 of the 1965 Act27

1

Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order—

a

as it applies to a compulsory purchase to which the 1981 Act applies; and

b

as if this Order were a compulsory purchase order under that Act.

2

Part 1 of the 1965 Act, as applied by paragraph (1), has effect with the following modifications.

3

Omit section 452 (which provides a time limit for compulsory purchase of land).

4

In section 4A(1)53 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4”, substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 40 (time limit for exercise of powers of acquisition) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022”.

5

In section 11(1B)54 (powers of entry) in a case where the notice to treat relates only to the acquisition of an easement or other right over land, for “3 months” substitute “1 month”.

6

In section 11A55 (powers of entry: further notices of entry)—

a

in subsection (1)(a), after “land” insert “under that provision”;

b

in subsection (2), after “land” insert “under that provision”.

7

In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 40 (time limit for exercise of powers of acquisition) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022”.

8

In Schedule 2A56 (counter-notice requiring purchase of land not in notice to treat)—

a

for paragraphs 1(2) and 14(2) substitute—

2
But see articles 30(3) (power to acquire ground anchor rights), 31(4) (power to acquire subsoil and imposition of restrictive covenants) and 32(4) (power to acquire subsoil or airspace only) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022, which exclude acquisition with respect to the acquisition of ground anchor rights and imposition of restrictive covenants only, the acquisition of subsoil and imposition of restrictive covenants only and the acquisition of subsoil or airspace only from this Schedule.

b

after paragraph 29, insert—

PART 4INTERPRETATION
30
In this Schedule, references to entering on and taking possession of land do not include doing so under article 23 (protective works to buildings, roads and apparatus of a statutory undertaker), article 34 (temporary use of land for construction of works) or 35 (temporary use of land for maintenance of works) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022.

Application of the Compulsory Purchase (Vesting Declarations) Act 198128

1

The Compulsory Purchase (Vesting Declarations) Act 198157 applies as if this Order were a compulsory purchase order.

2

The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), has effect with the following modifications.

3

In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.

4

Omit section 5A58 (time limit for general vesting declaration).

5

In section 5B59 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 40 (time limit for exercise of powers of acquisition) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022”.

6

In section 660 (notices after execution of declaration), in subsection (1)(b), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 14A of the Transport and Works Act 1992”.

7

In section 761 (constructive notice to treat) in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

8

In Schedule A162 (counter-notice requiring purchase of land not in general vesting declaration) for paragraph 1(2) substitute—

2
But see articles 30(3) (power to acquire ground anchor rights), 31(4) (power to acquire subsoil and imposition of restrictive covenants) and 32(4) (power to acquire subsoil or airspace only) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022, which exclude acquisition with respect to the acquisition of ground anchor rights and imposition of restrictive covenants only, the acquisition of subsoil and imposition of restrictive covenants only and the acquisition of subsoil or airspace only from this Schedule.

9

References to the 1965 Act are construed as references to that Act as applied to the acquisition of land under article 26 (power to acquire land) by article 27 (application of Part 1 of the 1965 Act).

Power to acquire new rights29

1

Subject to paragraphs (4) and (5), Network Rail may acquire compulsorily such easements or other rights over any land which it is authorised to acquire under article 26 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.

2

In the case of the land specified in columns (1) and (2) of Schedule 9 (land subject to imposition of restrictive covenants), Network Rail’s powers under paragraphs 1(a) and 1(b) of article 26 (power to acquire land) also includes the power to impose restrictive or other covenants over the land as may be required for the purposes specified in relation to that land in column (3) of that Schedule.

3

Network Rail may impose restrictive or other covenants affecting any land referred to in—

a

article 30 (power to acquire ground anchor rights) and columns (1) and (2) of Schedule 13 (power to acquire ground anchor rights) as may be required for the purposes referred to in article 30(5); and

b

article 31 (power to acquire subsoil and imposition of restrictive covenants) and columns (1) and (2) of Schedule 14 (power to acquire subsoil) as may be required for the purposes referred to in article 31(2).

4

In the case of the land specified in columns (1) and (2) of Schedule 10 (acquisition of new rights and imposition of restrictive covenants only) Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the compulsory acquisition of such new rights and the imposition of restrictive or other covenants over land as may be required for the purpose specified in relation to that land in column (3) of that Schedule.

5

In the case of the land specified in columns (1) and (2) of Schedule 11 (imposition of restrictive covenants only) Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the imposition of restrictive or other covenants over land as may be required for the purpose specified in relation to that land in column (3) of that Schedule.

6

Without limitation on the scope of paragraph (1), the rights which may be acquired under that paragraph include the acquisition of rights over the land numbered 25-049, 25-056 and 25-067 in the district of Kirklees as shown on the deposited plans to provide a means of vehicular access for the benefit of the owners and occupiers of land affected by the closure of MDL1 Bridge 10 – Occupation Underbridge;

7

Subject to Schedule 2A (counter-notice requiring purchase of land) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 12 (modification of compensation and compulsory purchase enactments for creation of new rights or imposition of restrictive covenants) where Network Rail acquires a right over land or the benefit of a restrictive or other covenant under paragraph (1), paragraph (2), paragraph (4), paragraph (5), article 30 (power to acquire ground anchor rights) or article 31 (power to acquire subsoil and imposition of restrictive covenants) Network Rail is not required to acquire a greater interest in that land.

8

Schedule 12 (modification of compensation and compulsory purchase enactments for creation of new rights or imposition of restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article, article 30 (power to acquire ground anchor rights) or article 31 (power to acquire subsoil and imposition of restrictive covenants) of a right over land by the creation of a new right or the imposition of restrictive or other covenant under these articles.

9

In any case where the acquisition of new rights under paragraph (1) or (4) is required for the purpose of diverting, replacing or protecting apparatus of an undertaker Network Rail may, with the consent of the Secretary of State, transfer the power to acquire such rights to the undertaker in question.

10

The exercise by an undertaker of any power in accordance with a transfer under paragraph (9) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by Network Rail.

11

In paragraphs (9) and (10) “undertaker” means—

a

any person who is a statutory undertaker for the purposes of the 1990 Act; and

b

any public communications provider within the meaning of section 151(1) of the 2003 Act.

Power to acquire ground anchor rights30

1

In the case of the land specified in columns (1) and (2) of Schedule 13 (power to acquire ground anchor rights) Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the compulsory acquisition of ground anchor rights in the subsoil or under surface of the land and the imposition of restrictive or other covenants affecting land under paragraph (5).

2

Where Network Rail acquires ground anchor rights in the subsoil or under surface of land to which this article applies or imposes a restrictive or other covenant under paragraph (5) affecting land it is not required to acquire a greater interest in the land or any other interest in any other part of the land.

3

The following do not apply in connection with the exercise of the power under paragraph (1) in relation to ground anchor rights or under paragraph (5) in relation to the imposition of restrictive or other covenants—

a

Schedule 2A63 (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

b

Schedule A164 (counter-notice requiring purchase of land not in general vesting declaration) to the Compulsory Purchase (Vesting Declarations) Act 1981; and

c

section 153(4A)65 (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

4

In this article “ground anchor rights” means—

a

rights to insert ground anchors or soil nails into the subsoil, or to carry out other subsoil works, for the purpose of strengthening and stabilising Work No. 5 and Work No. 14 as described in Schedule 1 (scheduled works); and

b

rights to maintain the ground anchors, soil nails or other subsoil works referred to in sub-paragraph (a).

5

In addition to acquiring ground anchor rights over the land referred to in columns (1) and (2) of Schedule 13, Network Rail may impose such restrictive or other covenants affecting the land as may be required for the purposes of maintaining or protecting the ground anchors, soil nails or other subsoil works referred to in paragraph (4)(a).

6

Paragraphs (2) and (3) are to be disregarded where Network Rail acquires ground anchor rights affecting a cellar, vault, arch or other construction forming part of a house, building or manufactory.

Power to acquire subsoil and imposition of restrictive covenants31

1

In the case of the land specified in columns (1) and (2) of Schedule 14 (acquisition of subsoil), Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the compulsory acquisition of only so much of, or such rights in, the subsoil or under surface of that land as may be required for the purpose specified in relation to that land in column (3) of that Schedule and the imposition of restrictive or other covenants affecting land under paragraph (2).

2

In addition to acquiring so much of, or such rights in, the subsoil or under surface of land referred in columns (1) and (2) of Schedule 14, Network Rail may impose such restrictive or other covenants affecting the land as may be required for the purposes of maintaining or protecting any subsoil works constructed in the subsoil or under surface of that land for the purposes of strengthening and stabilising Work No. 1A and Work No. 1B as described in Schedule 1 (scheduled works).

3

Where Network Rail acquires any part of, or rights in, the subsoil or under surface of land under paragraph (1) or imposes a restrictive or other covenant under paragraph (2), Network Rail is not required to acquire a greater interest in the land or any other interest in any other part of the land.

4

The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only or under paragraph (2) in relation to the imposition of restrictive or other covenants—

a

Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

b

Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the Compulsory Purchase (Vesting Declarations) Act 1981; and

c

section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

5

Paragraphs (3) and (4) are to be disregarded where Network Rail acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.

Power to acquire subsoil or airspace only32

1

Network Rail may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraphs (1)(a) or (b) of article 26 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

2

In the case of the land specified in columns (1) and (2) of Schedule 15 (land of which only subsoil may be acquired), Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the compulsory acquisition of only so much of, or such rights in, the subsoil or under surface of that land as may be required for the purposes of the—

a

construction, operation and maintenance of Work No. 1A and Work No. 1B as described in Schedule 1 (scheduled works); and

b

construction, operation and maintenance of works for the purposes of strengthening and stabilising Work No. 1A and Work No. 1B as described in Schedule 1.

3

Where Network Rail acquires any part of, or rights in, the subsoil of or the airspace over land under paragraphs (1) or (2), Network Rail is not required to acquire an interest in any other part of the land.

4

The following do not apply in connection with the exercise of the power under paragraphs (1) or (2) in relation to subsoil or airspace only—

a

Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

b

Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the Compulsory Purchase (Vesting Declarations) Act 1981; and

c

section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

5

Paragraphs (3) and (4) are to be disregarded where Network Rail acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

Rights under or over streets33

12

Paragraph (1)(a)(ii) does not authorise Network Rail to take temporary possession of any land which it is not authorised to acquire under article 26 (power to acquire land).

13

In this article “designated airspace” means so much of the airspace as is comprised in the airspace directly above the highest point of any building currently located on the land specified in paragraph (2).

Temporary use of land for maintenance of works35

1

Subject to paragraph (2), at any time during the maintenance period relating to any of the scheduled works, Network Rail may—

a

enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the work or any ancillary works connected with it; and

b

construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

2

Paragraph (1) does not authorise Network Rail to take temporary possession of—

a

any house or garden belonging to a house; or

b

any building (other than a house) if it is for the time being occupied.

3

Not less than 28 days before entering upon and taking temporary possession of land under this article Network Rail must serve notice of the intended entry on the owners and occupiers of the land.

4

Network Rail may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of works for which possession of the land was taken.

5

6

7

Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

8

9

Where Network Rail takes possession of land under this article, Network Rail is not required to acquire the land or any interest in it.

10

Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 27(1) (application of Part 1 of the 1965 Act).

11

In this article “the maintenance period”, in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use.

Temporary use of land for access36

1

Network Rail may use any land specified in Schedule 17 (temporary use of land for access) for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction of the authorised works.

2

The power under paragraph (1) is exercisable on giving at least 7 days’ notice (or, where access is urgently required, such notice as is reasonably practicable) to the owners and occupiers of the land.

3

But paragraph (2) does not require notice to be given in relation to land where notice under that paragraph has already been given in relation to that land.

4

Network Rail must pay compensation to the owners and occupiers of the land to which paragraph (1) applies for any loss or damage arising from the exercise of the power conferred by that paragraph.

5

Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of such compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

6

Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of article 27(1) (application of Part 1 of the 1965 Act).

Compensation

Disregard of certain interests and improvements37

1

In assessing the compensation payable to any person on the acquisition from that person of any land under this Order, the tribunal must not take into account—

a

any interest in land; or

b

any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

2

In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

Set-off for enhancement in value of retained land38

1

In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised works.

2

In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil), or the imposition of restrictive or other covenants, under this Order, the tribunal must set off against the value of the rights so acquired or restrictive or other covenants imposed—

a

any increase in the value of the land over which the new rights are required or restrictive or other covenants are imposed; and

b

any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised works.

3

The 1961 Act has effect, subject to paragraphs (1) and (2), as if this Order were a local enactment for the purposes of that Act.

Supplementary

Extinction or suspension of private rights of way39

1

Subject to the provisions of this article all private rights of way over land subject to compulsory acquisition under this Order are extinguished—

a

as from the date of acquisition of the land by Network Rail, whether compulsorily or by agreement; or

b

on the date of entry on the land by Network Rail under section 11(1)69 (powers of entry) of the 1965 Act,

whichever is the sooner.

2

Subject to the provisions of this article in respect of land owned by Network Rail and required for the purposes of this Order all private rights of way are extinguished on the appropriation of the land for any of those purposes by Network Rail.

3

Subject to the provisions of this article, all private rights of way over land subject to the compulsory acquisition of rights or the imposition of restrictive or other covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive or other covenant—

a

as from the date of the acquisition of the right or the imposition of the restrictive or other covenant by Network Rail, whether compulsorily or by agreement; or

b

on the date of entry on the land by Network Rail under section 11(1) of the 1965 Act in pursuance of the right or enforcement of the restrictive or other covenant,

whichever is the sooner.

4

Subject to the provisions of this article all private rights of way over land of which Network Rail takes temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.

5

Subject to paragraph (7), any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

6

This article does not apply in relation to any right of way to which section 271 (extinguishment of rights of statutory undertakers) or 272 (extinguishment of rights of electronic communications code network operators) of the 1990 Act70 or paragraph 2 of Schedule 18 (provisions relating to statutory undertakers etc.) applies.

7

Paragraphs (1), (2), (3) and (4) have effect subject to—

a

any notice given by Network Rail before the completion of the acquisition of the land, Network Rail’s appropriation of it, Network Rail’s entry onto it or Network Rail taking temporary possession of it that any or all of those paragraphs do not apply to any right of way specified in the notice; and

b

any agreement made (whether before or after any of the events mentioned in sub-paragraph (a) and before or after the coming into force of this Order) which makes reference to this article between Network Rail and the person in or to whom the right of way in question is vested or belongs.

8

If any such agreement as is mentioned in sub-paragraph (7)(b) which is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Time limit for exercise of powers of acquisition40

4

The provisions of this article do not affect the application to the authorised works of section 122 (statutory authority as a defence to actions in nuisance, etc.) of the Railways Act 199376 or any rule of common law having similar effect.

Planning permission42

Planning permission which is deemed by a direction under section 90(2A)77 (development with government authorisation) of the 1990 Act to be granted in relation to the authorised works is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land of the purposes of that Act) of that Act.

Power to lop trees overhanging the authorised works43

1

Network Rail may fell or lop any tree or shrub near any part of the authorised works, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

a

from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used on the authorised works; or

b

from constituting a danger to passengers or other persons using the authorised works.

2

In exercising the powers conferred by paragraph (1), Network Rail must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from the exercise of those powers.

3

Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

Open space and exchange land44

1

Network Rail will not under the powers of this Order take possession of any part of the special category land until Network Rail has taken possession of the exchange land.

2

Upon Network Rail taking possession of so much of the special category land as is required for the authorised works that land will be discharged from all rights, trusts and incidents to which it was previously subject.

3

Network Rail must lay out as replacement open space, before the end of the period of one year beginning with the date the authorised works are first brought into public use, the exchange land of which possession has been taken under paragraph (1).

4

As soon as Kirklees District Council has certified that the exchange land referred to in paragraph (3) has been laid out to its reasonable satisfaction as replacement open space that land will vest in Kirklees District Council subject to—

a

the like rights, trusts and incidents as attached to so much of the special category land of which possession has been taken under paragraph (1); and

b

such rights as may be required by Network Rail to carry out monitoring, remedial or maintenance works upon the exchange land for the benefit of the exchange land.

5

In this article—

“the special category land” means the land described as open space on the plan entitled “Open Space Plans” attached to the deposited plans, which may be acquired compulsorily under this Order and for which exchange land is to be provided; and
“the exchange land” means the land described as exchange land on the plan entitled “Open Space Plans” attached to the deposited plans.

Obstruction of construction of authorised works48

Any person who, without reasonable excuse—

a

obstructs any person acting under the authority of Network Rail in setting out the lines of the scheduled works or in constructing any authorised work; or

b

interferes with, moves or removes any apparatus belonging to any person acting under the authority of Network Rail,

A traffic authority or other authority having power under or by virtue of the 1984 Act to place and maintain, or cause to be placed and maintained, traffic signs on any street referred to in paragraph (1) must consult with Network Rail as to the placing of any traffic signs which may affect the authorised works.

5

Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

Disclosure of confidential information51

A person who—

a

enters a factory, workshop or workplace under the provisions of article 23 (protective works to buildings, roads and apparatus of a statutory undertaker) or article 24 (power to survey and investigate land); and

b

discloses to any person any information obtained as a result of that entry and relating to any manufacturing process or trade secret,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of that person’s performance of a duty in connection with the purposes for which the person was authorised to enter the land.

Statutory undertakers etc.52

The provisions of Schedule 18 (provisions relating to statutory undertakers etc.) to this Order have effect.

Protection of interests53

Schedule 19 (protective provisions) to this Order has effect.

Certification of plans etc.54

Network Rail must, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited plans and the deposited sections to the Secretary of State for certification that they are, respectively, true copies of the book of reference, the deposited plans and the deposited sections referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices55

SCHEDULES

SCHEDULE 1SCHEDULED WORKS

Articles 2 and 8

In the County of West Yorkshire, District of Kirklees—

Work No. 1A - A railway (990 metres in length) partly in tunnel, on the course of the existing railway (Manchester to Dewsbury line) commencing at a point 300 metres south of the junction of Gledholt Bank with Greenhead Road and terminating at a point 85 metres north of the junction of Upperhead Row with George Street. Work No. 1A includes the lowering of track through Gledholt Tunnel and Huddersfield Tunnel.

Work No. 1B - A railway (1,001 metres in length) partly in tunnel, on the course of the existing railway (Manchester to Dewsbury line) commencing at a point 110 metres north of the junction of Gledholt Bank with Longroyd Place and terminating at a point 60 metres north-east of the junction of Upperhead Row with Half Moon Street. Work No. 1B includes the lowering of track through Gledholt Tunnel and Huddersfield Tunnel.

Work No. 1C - A railway (1,051 metres in length) partly in tunnel and partly on viaduct, on the course of the existing railway (Manchester to Dewsbury and Huddersfield to Dewsbury lines) commencing at a point 65 metres north-west of the junction of Half Moon Street with Sergeantson Street and terminating at a point 32 metres south of the junction of Willow Lane East with Alder Street. Work No. 1C includes the reconfiguration of Huddersfield Station and remedial and reconfiguration works to Huddersfield Viaduct MVL3 Underbridge 92.

Work No. 2 - A railway (2,196 metres in length) on the course of the existing railway (Huddersfield to Dewsbury line) commencing at a point 35 metres south-east of the junction of Willow Lane East with Alder Street and terminating at a point 205 metres east of Peel’s Pit, MVL3 Underbridge 100. Work No.2 includes the infill of Peel’s Pit MVL3 Underbridge 100.

Work No. 2A - A railway (494 metres in length) forming a siding commencing at a point 25 metres east of the junction of Willow Lane East with Alder Street and terminating at a point 110 metres south-east of the junction of Alder Street with Abbey Road.

Work No. 2B - A railway (286 metres in length) forming a spur off the existing railway (Huddersfield to Dewsbury line) commencing at a point 180 metres east of the junction of Hammond Street with Abbey Road and terminating by a junction with the existing railway (Huddersfield to Dewsbury line) at a point 105 metres south of the junction of Aquamarine Drive with Topaz Close.

Work No. 2C - Reconstruction of Red Doles Road MVL3 Underbridge 96 carrying Red Doles Road under Work No.2 and the existing railway (Huddersfield to Dewsbury line) commencing at a point 80 metres south of the junction of Aquamarine Drive with Jacinth Court and terminating at a point 15 metres south-east of its commencement.

Work No. 3 - Reconstruction of Field House MVL3 Overbridge 98 carrying Footpath HUD/42/10 over Work No.2 and the existing railway (Huddersfield to Dewsbury line) commencing at a point 160 metres south-east of the junction of Footpath HUD/42/10 with Footpath HUD/39/10 and terminating at a point 25 metres south-east of its commencement.

Work No. 4 - Reconstruction of Ridings MVL3 Underbridge 99 carrying Footpath HUD/44/30 under Work No.2 and the existing railway (Huddersfield to Dewsbury line) commencing at a point 23 metres south of the junction of Footpath HUD/44/20 with Footpath HUD/44/40 and terminating at a point 20 metres south of its commencement.

Work No. 5 - A railway (1,411 metres in length) on the course of the existing railway (Huddersfield to Dewsbury line) commencing at a point 310 metres north-west of the junction of A62 Leeds Road with Ashgrove Road and terminating at a point 230 metres east of the junction of A62 Leeds Road with Station Road. Work No. 5 includes the reconstruction of Deighton Station.

Work No. 6 - Realignment of Whitacre Street (including a bridge over Work No.5 and the existing railway (Huddersfield to Dewsbury line)) commencing at a point on that road 195 metres south-west of the junction of that road with Deighton Road and terminating at a point 145 metres south-east of its commencement. Work No. 6 includes the demolition of the existing Whiteacre Street MVL3 Overbridge 101 carrying Whitacre Street over the existing railway (Huddersfield to Dewsbury line) and the infill of the existing stone arch of that bridge.

Work No. 7 - Realignment of A62 Leeds Road (including a bridge over Work No.5 and the existing railway (Huddersfield to Dewsbury line)) commencing at a point on that road 210 metres north-east of the junction of A62 Leeds Road with Whitacre Street and terminating at a point 75 metres east of the junction of Deighton Road with Glenfield Avenue. Work No. 7 includes the demolition of the existing A62 Leeds Road MVL3 Overbridge 102 carrying A62 Leeds Road over the existing railway (Huddersfield to Dewsbury line).

Work No. 8 - Reconstruction of Wheatley’s MVL3 Overbridge 103 carrying National Cycle Network Route 66 (Calder Valley Greenway) over Work No.5 and the existing railway (Huddersfield to Dewsbury line) commencing at a point 135 metres south-east of the junction of A62 Leeds Road with Brooklands and terminating at a point 35 metres south-east of its commencement.

Work No. 9A - A railway (692 metres in length) on the course of the existing railway (Huddersfield to Dewsbury line), partly on viaduct, commencing at a point 230 metres south-east of the junction of A62 Leeds Road with Station Road and terminating at a point 692 metres north-east of its commencement. Work No.9A includes reconfiguration works to Huddersfield Broad Canal MVL3 Underbridge 108 and Huddersfield Broad Canal MVL3 Underbridge 108S.

Work No. 9B - A railway (1,025 metres in length), partly on viaduct, commencing at a point 200 metres west of Heaton Lodge Sewage Works and terminating at a point 110 metres north-west of the junction of Helm Lane with Wood Lane.

Work No. 9C - A railway (1,107 metres in length) on the course of the existing railway (Huddersfield to Dewsbury line), partly on viaduct, commencing at a point 195 metres west of Heaton Lodge Sewage Works and terminating at a point 55 metres south-west of the junction of Waterside Walk with Wood Lane.

Work No. 9D - A railway (655 metres in length) on the course of the existing railway (Huddersfield to Dewsbury line) commencing at a point 110 metres north of the junction of Helm Lane with Wood Lane passing and terminating at a point 310 metres south of the junction of A644 Huddersfield Road with Stocks Bank Road.

Work No. 10 - Realignment of B6118 Colne Bridge Road (including a bridge over Work No.9A and the existing railway (Huddersfield to Dewsbury line)) commencing at a point on that road 160 metres south of the junction of A62 Leeds Road with Bradley Road and terminating at a point 165 metres south-east of its commencement. Work No. 10 includes the demolition of the existing B6118 Bridge Road MVL3 Overbridge 107 carrying B6118 Colne Bridge Road over the existing railway (Huddersfield to Dewsbury line) and the infill of existing spans 1 and 4 of that bridge.

Work No. 11 - Reconstruction of Parks MVL3 Overbridge 110 and MVL4 Overbridge 1 carrying an access road over Work No. 9B, Work No. 9C and the existing railway (Huddersfield to Dewsbury line) commencing at a point 145 metres east of the viaduct carrying the existing railway (Huddersfield to Dewsbury line) over the River Colne and terminating at a point 45 metres south-east of its commencement.

Work No. 11A - Diversion of a high-pressure gas main, commencing beneath a point 170 metres north-west of the junction of Helm Lane with Footpath KIR/240/10 and terminating beneath a point 115 metres south-east of its commencement.

Work No. 11B - Diversion of a high-pressure gas main, commencing beneath a point 210 metres west of the junction of Waterside Walk with Wood Lane and terminating beneath a point 45 metres south of its commencement.

Work No. 12 - Reconstruction of Heaton Lodge Footbridge MVL4 Footbridge 4 carrying Footpath KIR/240/10 over Work No.9C and the existing railway (Huddersfield to Dewsbury line) commencing at a point 215 metres west of the junction of Waterside Walk with Wood Lane and terminating at a point 30 metres south-east of its commencement.

Work No. 13 - Reconstruction of Helm Lane MVN2 Underbridge 188 carrying Footpath KIR/240/10 under Work No.9B and the existing railway (Huddersfield to Dewsbury line) commencing at a point 140 metres west of the junction of Waterside Walk with Wood Lane and terminating at a point 45 metres south of its commencement.

Work No. 14 - A railway (2,588 metres in length) on the course of the existing railway (Huddersfield to Dewsbury line), partly on viaduct, commencing at a point 310 metres south of the junction of A644 Huddersfield Road with Stocks Bank Road and terminating at a point 295 metres south-east of the junction of Steanard Lane with Sands Lane. Work No. 14 includes the reconstruction of Mirfield Station.

Work No. 15 - A railway (3,048 metres in length) partly on the course of the existing railway (Huddersfield to Dewsbury line), partly on viaduct, commencing at a point 295 metres south-east of the junction of Steanard Lane with Sands Lane and terminating at a point 65 metres south-east of the junction of A644 Huddersfield Road with Pinfold Hill. Work No. 15 includes a viaduct over the Calder and Hebble Navigation and the River Calder, the demolition of Ravensthorpe station, the construction of a station at Ravensthorpe, the reconfiguration of B6117 Fall Lane, Thornhill Road MDL1 Underbridge 9 and the infill of underbridges Occupation MDL1 Underbridge 10, Toad Holes MDL1 Underbridge 12 and Ming Hill MDL1 Underbridge 14.

Work No. 16 - A railway (550 metres in length) commencing at a point 190 metres south-west of Thornhill Power Station and terminating at a point 50 metres west of the bridge carrying the existing railway over the Calder and Hebble Navigation. Work No.16 includes the infill of Lees Hall Farm MVN2 Underbridge 204.

Work No. 17 - Realignment of Calder Road (including a bridge over Work No.15 and the existing railway (Huddersfield to Dewsbury line)) commencing at a point on that road 235 metres east of Thornhill Power Station and terminating at a point 270 metres south of its commencement. Work No. 17 includes the demolition of the existing Calder Road MVN2 Overbridge 202 carrying Calder Road over the existing railway (Huddersfield to Dewsbury line) and the demolition of Gas Pipe MVN2 Pipe Bridge 202A.

Work No. 17A - Realignment of Ravensthorpe Road commencing by a junction with Work No.17 at a point 260 metres south of the bridge carrying Calder Road over the River Calder and terminating at a point 185 metres east of its commencement.

Work No. 17B - An access road, commencing by a junction with Work No.17 at a point 110 metres south of the bridge carrying Calder Road over the River Calder and terminating at a point 55 metres south-east of that junction.

Work No. 18 - A diversion of a high pressure gas main commencing beneath a point 80 metres south-east of Thornhill Power Station and terminating beneath a point 85 metres south of its commencement.

Work No. 19 - Realignment of Fall Lane commencing at a point on that road 105 metres east of the junction of A644 Huddersfield Road with Temple Road and terminating by a junction with Work No.20 at a point 170 metres north of the junction of Thornhill Road with Tenter Fields.

Work No. 20 - Realignment of Thornhill Road commencing at a point on that road 165 metres south of the junction of Cemetery Road with Quarry Road and terminating at a point 70 metres south-east of its commencement.

Work No. 21 - A temporary bridge, carrying an temporary access road over the Calder and Hebble Navigation, commencing at a point 270 metres south-east of the bridge carrying the existing railway over the Calder & Hebble Navigation and terminating at a point 75 metres north-east of its commencement.

SCHEDULE 2ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS

Articles 8 and 26

(1) Area	(2) Number of land shown on the deposited plans	(3) Purpose for which land may be acquired
County West Yorkshire, District of Kirklees	1-001 and 1-006	Provision of railway infrastructure
	2-002, 2-005, 2-006, 2-007 and 2-008	Provision of railway infrastructure
	2-011, 2-013, 2-019, 2-023, 2-034, 2-044 and 2-046	Provision of railway lighting and track drainage
	2-039, 2-042 and 2-048	Provision of railway infrastructure
	2-043	Railway electrification and ancillary railway works
	3-121 and 3-128	Provision of railway infrastructure
	3-145, 3-148, 3-149 and 3-158	Worksite and access for construction and maintenance compound
	6-004, 6-011, 6-013, 6-021, 6-022, 6-026, 6-029, 6-030, 6-032, 6-038, 6-041, 6-045, 6-047, 6-049, 6-051 and 6-055	Worksite and access for construction and ancillary railway works
	6-027	Worksite and access for construction, ancillary railway works and provision of highway access
	6-028, 6-044, 6-046 and 6-059	Worksite and access for construction, ancillary railway works and access to temporary platform
	6-058 and 7-001	Ancillary railway works and provision of temporary platform
	7-017	Embankment reprofiling works
	9-010 and 9-012	Worksite and access for construction and utility diversions
	9-017, 9-029, 9-033, 9-043, 9-047, 9-050 and 9-053	Railway strengthening and stabilisation works and utility diversions
	9-022, 9-023 and 9-025	Provision of Deighton Station forecourt and access works
	9-024, 9-027, 9-032, 9-034, 9-036, 9-038, 9-040, 9-045 and 9-049	Utility diversions
	9-057	Railway strengthening and stabilisation works, utility diversions and provision of vehicular turning areas
	10-025, 10-026 and 10-028	Track drainage and culvert works
	10-054, 10-058, 11-001, 11-005 and 11-006	Provision of railway infrastructure
	10-056	Provision of railway infrastructure and access for maintenance
	11-037	Utility diversions
	11-050, 11-053 and 11-054	Provision of railway infrastructure, access, for maintenance and utility diversions
	11-051	Provision of railway infrastructure and access for maintenance
	12-021, 12-029, 12-033, 12-035, 12-038, 12-040 and 12-042	Worksite and access for construction and provision of accommodation access
	12-030, 12-050 and 12-060	Diversion of overhead electric cables
	12-044 and 12-047	Worksite and access for construction, provision of accommodation access and diversion of overhead electric cables
	12-063 and 12-064	Provision of railway infrastructure
	13-075	Footpath diversion works
	13-092 and 14-003	Track drainage works
	14-006 and 15-016	Track drainage and culvert works
	16-034	Highway diversion works
	16-040, 16-049, 16-058, 16-060 and 17-004	Worksite and access for construction and maintenance compound
	16-043, 16-046, 16-047, 16-048 and 16-052	Provision of Mirfield Station forecourt and access works
	18-027	Provision of railway infrastructure and track drainage and culvert works
	19-025	Replacement open space and diversion of overhead electric cables
	19-026	Replacement open space and worksite and access for construction
	19-027	Highway diversion works and utility diversions
	19-030	Replacement open space, worksite and access for construction and diversion of overhead electric cables
	19-034 and 21-016a	Highway diversion works
	19-036, 20-013, 20-016, 21-031, 21-038, 21-039 and 21-043	Utility diversions
	19-037, 19-039 and 21-009	Provision of Ravensthorpe Station forecourt and access works
	21-083, 21-084, 21-089 and 21-091	Provision of railway infrastructure
	21-095 and 21-102	Diversion of overhead electric cables and access for maintenance
	21-096	Diversion of overhead electric cables
	21-101, 21-112 and 23-035	Provision of railway infrastructure and railway electrification works
	21-103 and 21-109	Provision of railway infrastructure
	21-113, 21-118, 21-120, 21-121, 22-002, 22-020 and 22-035	Utility diversions
	23-018, 23-019, 23-020, 23-025, 23-026, 23-038, 23-039, 23-041, 23-042 and 23-048	Provision of railway infrastructure
	23-035a, 24-004 and 24-005	Replacement open space and worksite and access for construction
	24-007	Provision of railway infrastructure
	25-003	Worksite and access for construction and maintenance compound
	25-017 and 25-023	Highway diversion works
	25-049, 25-056 and 25-067	Provision of accommodation access and construction access
	25-052, 25-054 and 25-055	Provision of railway infrastructure

SCHEDULE 3STREETS SUBJECT TO STREET WORKS

Article 13

(1) Area	(2) Street subject to street works
County of West Yorkshire, District of Kirklees	Cross Church Street Westgate New North Parade Henry Street John William Street A641 Northgate A641 Bradford Road Alder Street Red Doles Road Whitacre Street Glenfield Avenue Lilac Court A62 Leeds Road B6118 Colne Bridge Road Station Road Bridleway DEW/3/10 Calder Road Ravensthorpe Road Fall Lane B6117 Thornhill Road

(1)

Area

(2)

Street subject to street works

County of West Yorkshire, District of Kirklees

Cross Church Street

Westgate

New North Parade

Henry Street

John William Street

A641 Northgate

A641 Bradford Road

Alder Street

Red Doles Road

Whitacre Street

Glenfield Avenue

Lilac Court

A62 Leeds Road

B6118 Colne Bridge Road

Station Road

Bridleway DEW/3/10

Calder Road

Ravensthorpe Road

Fall Lane

B6117 Thornhill Road

SCHEDULE 4STREETS TO BE STOPPED UP

Article 14

PART 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted
County of West Yorkshire, District of Kirklees	Footpath HUD/42/10	Between points P1 and P2 (on sheet 7)	Footpath between points P1, Work No. 3, P3, P2 and P3, P4, P5 and P2 (on sheet 7)
	National Cycle Network Route 69	Between points P1 (on sheet 8) and P8 (on sheet 9)	Cycleway between points P1 (on sheet 8) and P8 (on sheet 9)
	Whitacre Street	Between points P1 and P2 (on sheet 9)	P1, Work No. 6 and P2 (on sheet 9)
	A62 Leeds Road	Between points P6 and P7 (on sheet 9)	P6, Work No. 7 and P7 (on sheet 9)
	Footpath HUD/51/10	Between points P3 and P4 (on sheet 9)	Footpath between points P3 and P5 (on sheet 9)
	National Cycle Network Route 66 (Calder Valley Greenway)	Between points P1, P2 and P5 (on sheet 10)	Cycleway between points P1, P3 Work No. 8, P4 and P5 (on sheet 10)
	B6118 Colne Bridge Road	Between points P1 and P2 (on sheet 11)	P1, Work No. 10 and P2 (on sheet 11)
	Footpath KIR/240/10	Between points P1 and P2 (on sheet 13)	Footpath between points P1, Work No. 12, P3, P4, Work No. 13, P5 and P2 (on sheet 13)
	Bridleway DEW/3/10	Between points P1 (on sheet 19) and P2 (on sheet 21)	Bridleway between points P1, P3 (on sheet 19) and P6 (on sheet 21)
	Calder Road	Between points P1 and P3 (on sheet 21)	P1, Work No. 17 and P5 (on sheet 21)
	Ravensthorpe Road	Between P3 and P4 (on sheet 21)	P4, Work No. 17A and P5 (on sheet 21)
	Fall Lane	Between points P1 and P2 (on sheet 25)	P1, Work No. 19 and P3 (on sheet 25)
	Brooks Yard	Between points P6 and P7 (on sheet 25)	P6, Work No. 19, P8, P9 and P7 (on sheet 25)
	B6117 Thornhill Road	Between points P4 and P5 (on sheet 25)	P4, Work No. 20 and P5 (on sheet 25)

PART 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up
County of West Yorkshire, District of Kirklees	Ravensthorpe Station Access Road	Within Order limits (on sheet 21)

(1)

Area

(2)

Street to be stopped up

(3)

Extent of stopping up

County of West Yorkshire, District of Kirklees

Ravensthorpe Station Access Road

Within Order limits (on sheet 21)

SCHEDULE 5STREETS SUBJECT TO ALTERATION OF LAYOUT

Article 15

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
County of West Yorkshire, District of Kirklees	John William Street	Kerbline realignment and widening of road within Order limits (on sheet 3)
	The Junction of John William Street with Viaduct Street	Alterations to traffic island and junction layout within Order limits (on Sheet 3) to accommodate widening of John William Street
	Viaduct Street	Temporary alterations to access road and corresponding footways at point T11 (on sheet 4)
	Alder Street	Kerbline alterations to accommodate new access to Alder Street between points T1 and T2 (on sheet 6)
	Alder Street	Temporary kerbline realignment and widening of road between points T3 and T4 (on sheet 6)
	Lilac Court	Provision of turning head and corresponding kerbline realignment and widening of road within Order limits (on sheet 9)
	B6118 Bog Green Lane	Temporary kerbline alterations to accommodate temporary access to B6118 Bog Green Lane between points T1 and T2 (on sheet 12)
	Back Station Road	Temporary kerbline alterations to accommodate temporary access to Back Station Road between points T1 and T2 (on sheet 16)
	The Junction of Back Station Road with Station Road	Kerbline realignment and widening of road between points T3 and T4 (on sheet 16)
	Hopton New Road	Temporary kerbline alterations to accommodate temporary access to Hopton New Road between points T5 and T6 (on sheet 16)
	Calder Road	Alterations to the level of the carriageway of the street between points T1 and T2 (on sheet 21)

SCHEDULE 6STREETS TO BE TEMPORARILY STOPPED UP

Article 16

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of stopping up
County of West Yorkshire, District of Kirklees	Mark Street	Within Order limits (on sheet 2)
	Cross Church Street	Within Order limits (on sheet 2)
	School Lane	Within Order limits (on sheet 2)
	Longroyd Lane	Within Order limits (on sheet 2)
	Footpath HUD/327/10	Between points T1 and T2 (on sheet 2)
	Footpath HUD/328/10	Between points T2 and T3 (on sheet 2)
	Footpath HUD/328/20	Between points T3 and T4 (on sheet 2)
	Footpath HUD/329/10	Between points T4 and T5 (on sheet 2)
	Footpath HUD/327/20	Between points T3 and T6 (on sheet 2)
	Footpath HUD/328/30	Between points T2 and T7 (on sheet 2)
	Springwood Street	Within Order limits (on sheet 2)
	Springwood Avenue	Within Order limits (on sheet 2)
	Upper Head Row	Within Order limits (on sheet 3)
	Henry Street	Within Order limits (on sheet 3)
	New North Parade	Within Order limits (on sheet 3)
	Westgate	Within Order limits (on sheet 3)
	St George’s Street	Within Order limits and between points T1 and T2 (on sheet 3)
	St George’s Square	Within Order limits (on sheet 3)
	John William Street	Within Order limits (on sheets 3 and 4)
	Fitzwilliam Street	Between points T3 (on sheet 3) and T1 (on sheet 4)
	Viaduct Street	Between points T4 (on sheet 3) and T6 (on sheet 4) and within Order limits (on sheets 3 and 4)
	St. Johns Road	Within Order limits (on sheet 4)
	National Cycle Network Route 69	Within Order limits (on sheet 4)
	A62 Unna Way	Between points T2 and T3 (on sheet 4)
	A62 Castlegate	Between points T4 and T5 (on sheet 4)
	Green Street	Within Order limits (on sheet 4)
	Green Street	Between points T7 and T8 (on sheet 4)
	A641 Oxford Street	Between points T9 and T10 (on sheet 4)
	A641 Bradford Road	Within Order limits and between points T1 and T2 (on sheet 5)
	A641 Northgate	Within Order limits (on sheet 5)
	Lower Viaduct Street	Within Order limits (on sheet 5)
	Footpath HUD/338/10	Between points T3 and T4 (on sheet 5)
	Hillhouse Lane	Within Order limits (on sheet 6)
	Alder Street	Within Order limits (on sheet 6)
	Emerald Street	Within Order limits (on sheet 6)
	Flint Street	Within Order limits (on sheet 6)
	Red Doles Road	Within Order limits (on sheet 7)
	Byway HUD/58/10	Between points T1 and T2 (on sheet 7)
	Footpath HUD/57/10	Between points T2 and T3 (on sheet 7)
	Footpath HUD/42/10	Between points T4 and T5 (on sheet 7)
	Byway HUD/41/10	Within Order limits (on sheets 7 and 8)
	National Cycle Network Route 69	Within Order limits (on sheets 7, 8 and 9)
	Byway HUD/41/20	Within Order limits (on sheet 8)
	Footpath HUD/44/20	Between points T1 and T2 (sheet 8)
	Footpath HUD/44/30	Within Order limits (on sheet 8)
	Footpath HUD/44/40	Between points T2 and T3 (on sheet 8)
	Byway HUD/43/40	Within Order limits (on sheet 8)
	Byway HUD/43/50	Within Order limits (on sheet 8)
	Whitacre Street	Within Order limits (on sheet 9)
	Lilac Court	Within Order limits (on sheet 9)
	Glenfield Avenue	Within Order limits (on sheet 9)
	A62 Leeds Road	Within Order limits (on sheet 9)
	Footpath HUD/51/10	Between points T1 and P4 (on sheet 9)
	Neptune Way	Within Order limits (on sheet 9)
	Deighton Road	Within Order limits (on sheet 9)
	National Cycle Network Route 66 (Calder Valley Greenway)	Within Order limits (on sheet 10)
	Station Road	Within Order limits (on sheet 10)
	B6118 Colne Bridge Road	Within Order limits (on sheet 11)
	A62 Leeds Road	Within Order limits (on sheet 11)
	B6118 Bog Green Lane	Within Order limits (on sheets 11 and 12)
	National Cycle Network Route 66 (Calder Valley Greenway)	Within Order limits (on sheet 12)
	Footpath KIR/240/10	Within Order limits (on sheet 13)
	National Cycle Network Route 66 (Calder Valley Greenway)	Within Order limits (on sheets 14, 15 and 16)
	Bridleway KIR/251/10	Within Order limits (on sheets 14 and 15)
	Bridleway MIR/106/10	Within Order limits (on sheet 15)
	Calder View	Within Order limits (on sheet 15)
	Woodend Road	Within Order limits (on sheet 15)
	Chadwick Fold Lane	Within Order limits (on sheet 15)
	Back Station Road	Within Order limits (on sheet 16)
	Station Road	Within Order limits (on sheet 16)
	Hopton New Road	Within Order limits (on sheet 16)
	Lowlands Road	Within Order limits (on sheet 16)
	Hurst Lane	Within Order limits (on sheet 16)
	Footpath MIR/50/10	Between point T7 and T9 (on sheet 16)
	Footpath MIR/50/20	Between points T8 and T9 (on sheet 16)
	Steanard Lane	Within Order limits (on sheet 18)
	Sands Lane	Within Order limits (on sheet 18)
	Footpath MIR/75/10	Between points T1 (sheet 18) and T2 (sheet 19)
	Bridleway MIR/76/10	Within Order limits (sheets 18 and 19)
	Bridleway MIR/76/20	Within Order limits (on sheet 19)
	Bridleway DEW/1a/10	Within Order limits (on sheet 19)
	Bridleway DEW/1/10	Between points P1 and T3 (on sheet 19)
	Bridleway DEW/3/10	Between points P1 (on sheet 19) and P2 (on sheet 21)
	Bridleway DEW/8/30	Between points T1 and T2 (on sheet 20)
	Bridleway DEW/8/50	Between points T2 and T3 (on sheet 20)
	Bridleway DEW/12/20	Within Order limits (on sheet 20)
	Ouzelwell Lane	Within Order limits (on sheets 20 and 22)
	Bridleway DEW/12/10	Within Order limits (on sheet 20)
	Footpath DEW/5/20	Between points T4 and T5 (on sheet 20)
	Bridleway DEW/6/10	Within Order limits (on sheet 20)
	Bridleway DEW/6/20	Within Order limits (on sheet 20)
	Bridleway DEW/6/30	Within Order limits (on sheet 20)
	Footpath DEW/15/10	Between points T6 and T7 (on sheet 20)
	Bridleway DEW/6/50	Within Order limits (on sheets 20 and 22)
	Footpath DEW/16/10	Between points T8 (on sheet 20) and T2 (on sheet 22)
	Bridleway DEW/12/30	Within Order limits (on sheets 20 and 22)
	Ravensthorpe Station Access Road	Within Order limits (on sheet 21)
	Calder Road	Within Order limits (on sheet 21)
	Calder Road Industrial Estate Access Road	Within Order limits (on sheet 21)
	Ravensthorpe Road	Within Order limits (on sheets 21 and 22)
	Footpath DEW/155/10	Between points T3 (on sheet 21), T5 (on sheet 23) and T6 (on sheet 24)
	Footpath DEW/117/10	Between points T1 (on sheet 22) and T2 (on sheet 23)
	Bridleway DEW/12/40	Within Order limits (on sheet 22)
	Bridleway DEW/94/10	Between points T3 and T4 (on sheet 22)
	Bridleway DEW/16/60	Within Order limits (on sheet 22)
	Footpath DEW/116/20	Between points T8 and T9 (on sheet 23)
	Footpath DEW/116/30	Between points T7 and T8 (on sheet 23)
	National Cycle Network Route 69 (Calder Valley Greenway)	Within Order limits (on sheet 23)
	National Cycle Network Link Route 69 (Spen Valley Greenway)	Within Order limits (on sheet 23)
	Ravenswharfe Road	Within Order limits (on sheet 23)
	Footpath DEW/117/20	Between points T3 (on sheet 23) and T4 (on sheet 24)
	Footpath DEW/117/30	Between points T4 and T5 (on sheet 24)
	Footpath DEW/117/40	Between points T6 and T7 (on Sheet 24)
	Fall Lane	Between points T1 and T2 (on sheet 25) and within Order limits (on sheet 25)
	B6117 Thornhill Road	Within Order limits (on sheet 25)
	Fearnley Street	Within Order limits (on sheet 25)
	Brooks Yard	Within Order limits (on sheet 25)
	Calder Bank Road	Within Order limits (on sheet 25)
	Watergate Road	Within Order limits (on sheet 25)
	A638 Webster Hill	Within Order limits (on sheet 25)

SCHEDULE 7ACCESS TO WORKS

Article 17

(1) Area	(2) Description of access
County of West Yorkshire, District of Kirklees	Cross Church Street
	Alder Street
	Whitacre Street
	B6118 Colne Bridge Road
	Wood Lane
	Wood Lane
	Station Road
	Hurst Lane
	Sands Lane
	Fall Lane
	Calder Bank Road

SCHEDULE 8ACCOMMODATION CROSSINGS

Article 21

PART 1ACCOMMODATION CROSSINGS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Accommodation facility to be discontinued	(3) Private right of way to be extinguished	(4) Accommodation facility to be substituted
County of West Yorkshire, District of Kirklees	Parks (MVL4) Overbridge 1	Within the limits of deviation	Accommodation access and Work No. 11
	Parks (MVL3) Overbridge 110	Within the limits of deviation	Accommodation access and Work No. 11
	Occupation (MDL1) Underbridge 10	Within the limits of deviation	Accommodation access from Calder Bank Road

(1)

Area

(2)

Accommodation facility to be discontinued

(3)

Private right of way to be extinguished

(4)

Accommodation facility to be substituted

County of West Yorkshire, District of Kirklees

Parks (MVL4) Overbridge 1

Within the limits of deviation

Accommodation access and Work No. 11

Parks (MVL3) Overbridge 110

Within the limits of deviation

Accommodation access and Work No. 11

Occupation (MDL1) Underbridge 10

Within the limits of deviation

Accommodation access from Calder Bank Road

PART 2ACCOMMODATION CROSSINGS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Accommodation facility to be discontinued	(3) Private right of way to be extinguished
County of West Yorkshire, District of Kirklees	Span 4 of B6118 Bridge Road (MVL3) Overbridge 107	Within the limits of deviation
	Helm Lane (MVN2) Underbridge 188	Within the limits of deviation
	Lees Hall Farm (MVN2) Underbridge 204	Within the limits of deviation
	Toad Holes, Dewsbury (MDL1) Underbridge 12	Within the limits of deviation
	Ming Hill (MDL1) Underbridge 14	Within the limits of deviation

SCHEDULE 9LAND SUBJECT TO IMPOSITION OF RESTRICTIVE COVENANTS

Article 29

(1) Area	(2) Number of land shown on the deposited plan	(3) Purpose for which restrictive covenants may be imposed
County of West Yorkshire, District of Kirklees	9-017, 9-029, 9-033, 9-043, 9-047, 9-050 and 9-053	Protection and maintenance of railway strengthening and stabilisation works
	9-131	Protection and maintenance of railway and railway electrical equipment

(1)

Area

(2)

Number of land shown on the deposited plan

(3)

Purpose for which restrictive covenants may be imposed

County of West Yorkshire, District of Kirklees

9-017, 9-029, 9-033, 9-043, 9-047, 9-050 and 9-053

Protection and maintenance of railway strengthening and stabilisation works

9-131

Protection and maintenance of railway and railway electrical equipment

SCHEDULE 10ACQUISITION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS ONLY

Articles 8 and 29

(1) Area	(2) Number of land shown on the deposited plan	(3) Purpose for which rights may be acquired and restrictive covenants may be imposed
County of West Yorkshire, District of Kirklees	2-014, 2-015, 2-016 and 2-017	Provision of maintenance access for the authorised works
	3-091 and 3-091b	Provision of maintenance access for the authorised works and imposition of restrictive covenants for the protection of the operation of the maintenance access
	3-091a	Provision of maintenance access for the authorised works and imposition of restrictive covenants for the protection and maintenance of railway electrical equipment
	3-091c and 3-111	Provision of maintenance access for the authorised works
	3-147, 3-160, 4-012, 4-015, 4-020, 4-027, 4-041, 4-046, 4-049, 4-050, 4-055, 4-056, 4-061, 4-070, 4-072, 4-074, 4-084, 4-089, 4-094, 4-097, 4-101, 4-109, 4-112, 5-003a, 5-006a, 5-007, 5-014, 5-015, 5-021, 5-026, 5-030, 5-041, 5-042, 5-046, 5-053, 5-060, 5-066, 5-072, 5-078, 5-081, 5-084 and 5-090	Provision of maintenance access for the authorised works and attachment and maintenance of electrical equipment to the railway viaduct
	9-056 and 9-079	Provision of maintenance access for vehicle restraint barrier and fencing works
	9-135	Provision of maintenance access for the authorised works and imposition of restrictive covenants for the protection and maintenance of railway and railway electrical equipment
	10-001, 10-002, 10-003, 10-034, 10-044, 10-046, 10-047 and 10-049	Provision of maintenance access for vehicle restraint barrier and fencing works
	10-010	Provision of maintenance access for the authorised works, vehicle restraint barrier works and fencing works and imposition of restrictive covenants for the protection and maintenance of railway and railway electrical equipment
	10-051, 10-052 and 10-055	Provision of construction access for the authorised works and provision of maintenance access for vehicle restraint barrier and fencing works
	10-063, 10-064 and 11-004	Provision of construction access for the authorised works and utility diversions and provision of maintenance access for vehicle restraint barrier and utility works
	11-007	Provision of maintenance access for vehicle restraint barrier and utility works
	11-014	Provision of construction and maintenance access for the authorised works
	11-065, 11-074, 12-007 and 12-010	Provision of maintenance access for the authorised works
	13-013	Provision for maintenance of track drainage works
	13-049	Provision for maintenance of the authorised works
	14-007	Provision of construction access for the authorised works
	15-003	Provision of construction and maintenance access for the authorised works
	15-006 and 15-007	Provision for maintenance of the authorised works
	15-011 and 15-013	Provision for construction and maintenance of the authorised works
	15-017	Provision of construction and maintenance access for the authorised works
	15-023, 15-024, 15-025, 15-027, 15-029, 15-030, 15-033, 15-036, 15-038, 15-041, 15-043, 16-002, 16-005, 16-006, 16-011, 16-014, 16-016, 18-011, 18-015, 18-018, 18-020 and 18-025	Provision of maintenance access for the authorised works and attachment and maintenance of electrical equipment to the railway viaduct
	15-031 and 16-031	Provision of maintenance access for the authorised works
	15-034	Provision of construction and maintenance access for the authorised works
	16-022	Provision of maintenance access for vehicle restraint barrier and fencing works
	16-059, 16-061, 16-063 and 16-064	Provision of construction and maintenance access for the authorised works
	18-030, 18-031, 18-033 and 18-037	Provision of maintenance access for the authorised works
	21-097, 21-098, 21-099, 21-100, 23-001, 23-002, 23-003, 23-005, 23-007, 23-008, 23-010, 23-013, 23-015, 23-016 and 23-017	Oversailing of electric cables
	23-051, 23-054, 23-058, 23-072, 24-006 and 24-008	Provision of maintenance access for the authorised works
	25-051	Provision of maintenance access for vehicle restraint barrier and fencing work

SCHEDULE 11IMPOSITION OF RESTRICTIVE COVENANTS ONLY

Article 29

(1) Area	(2) Number of land shown on the deposited plan	(3) Purpose for which restrictive covenants may be imposed
Country of West Yorkshire, District Kirklees	3-084	Protection and maintenance of railway electrical equipment

(1)

Area

(2)

Number of land shown on the deposited plan

(3)

Purpose for which restrictive covenants may be imposed

Country of West Yorkshire, District Kirklees

3-084

Protection and maintenance of railway electrical equipment

SCHEDULE 12MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS OR IMPOSITION OF RESTRICTIVE COVENANTS

Article 29

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

1

—Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the following modification set out in sub-paragraph (2).

2

For section 5A(5A)83 (relevant valuation date) of the 1961 Act substitute—

5A
If—
a
the acquiring authority enter on land for the purposes of exercising a right or enforcing a restrictive covenant in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 12 to the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (“the 2022 Order”));
b
the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 12 to the 2022 Order) to acquire an interest in the land; and
c
the acquiring authority enter on and takes possession of that land,
the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right or enforcing that covenant.

8

For Schedule 2A to the 1965 Act substitute—

SCHEDULE 2ACOUNTER-NOTICE REQUIRING PURCHASE OF LAND
Introduction
1
1
This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restrictive covenant affecting the whole or part of a house, building or factory.
2
But see articles 30(3) (power to acquire ground anchor rights), 31(4) (power to acquire subsoil and imposition of restrictive covenants) and 32(4) (power to acquire subsoil or airspace only) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022, which exclude acquisition with respect to the acquisition of ground anchor rights and imposition of restrictive covenants only, the acquisition of subsoil and imposition of restrictive covenants only and the acquisition of subsoil or airspace only from this Schedule.
2
In this Schedule “house” includes any park or garden belonging to a house.
Counter-notice requiring purchase of land
3
A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory.
4
A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.
Response to counter-notice
5
On receiving a counter-notice, the authority must decide whether to—
a
withdraw the notice to treat,
b
accept the counter-notice, or
c
refer the counter-notice to the Upper Tribunal.
6
The authority must serve notice of its decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).
7
If the authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period.
8
If the authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period.
9
If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.
Determination by Upper Tribunal
10
On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would—
a
in the case of a house, building or factory, cause material detriment to the house, building or factory, or
b
in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.
11
In making its determination, the Upper Tribunal must take into account—
a
the effect of the acquisition of the right or the imposition of the covenant,
b
the use to be made of the right or covenant proposed to be acquired or imposed, and
c
if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.
12
If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take.
13
If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.
14
1
If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.
2
If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.
3
Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 13POWER TO ACQUIRE GROUND ANCHOR RIGHTS

Articles 8 and 30

(1) Area	(2) Number of land shown on the deposited plans
County West Yorkshire District of Kirklees	9-015, 9-016, 9-018, 9-020, 9-021, 9-031, 9-035, 9-039, 9-054, 9-059, 9-061, 9-062, 9-065, 9-067, 9-068, 9-069, 9-070, 9-071, 9-072, 9-073, 9-074, 9-075, 9-076, 9-078, 18-028 and 18-038

(1)

Area

(2)

Number of land shown on the deposited plans

County West Yorkshire District of Kirklees

9-015, 9-016, 9-018, 9-020, 9-021, 9-031, 9-035, 9-039, 9-054, 9-059, 9-061, 9-062, 9-065, 9-067, 9-068, 9-069, 9-070, 9-071, 9-072, 9-073, 9-074, 9-075, 9-076, 9-078, 18-028 and 18-038

SCHEDULE 14ACQUISITION OF SUBSOIL

Articles 8 and 31

(1) Area	(2) Number of land shown on the deposited plans	(3) Purpose of acquisition
County of West Yorkshire, District of Kirklees	3-028, 3-029, 3-030, 3-031, 3-034, 3-036, 3-040, 3-041, 3-043, 3-045, 3-047, 3-049, 3-052, 3-056, 3-058, 3-060, 3-064, 3-067, 3-068, 3-071, 3-072, 3-073, 3-076, 3-081, 3-082, 3-085, 3-086, 3-089, 3-095, 3-099, 3-100, 3-105, 3-106 and 3-107	Railway strengthening and stabilisation works

(1)

Area

(2)

Number of land shown on the deposited plans

(3)

Purpose of acquisition

County of West Yorkshire, District of Kirklees

3-028, 3-029, 3-030, 3-031, 3-034, 3-036, 3-040, 3-041, 3-043, 3-045, 3-047, 3-049, 3-052, 3-056, 3-058, 3-060, 3-064, 3-067, 3-068, 3-071, 3-072, 3-073, 3-076, 3-081, 3-082, 3-085, 3-086, 3-089, 3-095, 3-099, 3-100, 3-105, 3-106 and 3-107

Railway strengthening and stabilisation works

SCHEDULE 15LAND OF WHICH ONLY SUBSOIL MAY BE ACQUIRED

Articles 8 and 32

(1) Area	(2) Number of land shown on the deposited plans
County West Yorkshire, District of Kirklees	2-009a, 2-010a, 2-021, 2-022, 2-024, 2-030, 2-036, 2-037, 2-038, 2-038b, 2-040, 2-040b, 2-041, 2-045, 2-049, 2-050, 2-051, 2-052, 2-053, 2-054, 2-055, 2-056, 2-057, 2-058, 2-059, 2-060, 2-061, 2-062, 2-063, 2-064, 2-065, 2-066, 2-067, 2-068, 2-069, 2-070, 2-071, 2-072, 2-073, 2-074, 2-075, 2-076, 2-077, 2-078, 2-079, 2-080, 2-081, 2-082, 2-083, 2-084, 2-085,02-086, 2-087, 2-088, 2-089, 2-090, 2-091, 2-092, 2-093, 2-094, 2-095, 2-096, 2-097, 2-098, 2-099, 2-100, 2-101, 2-102, 2-103, 2-104, 2-105, 2-106, 2-107, 2-108, 2-109, 2-111, 2-112, 2-113, 2-114, 2-116, 2-117, 2-118, 2-119, 2-120, 2-121, 2-122, 2-123, 2-124, 2-125, 2-126, 2-127, 2-128, 2-129, 2-131, 2-132, 2-133, 2-134, 2-135, 2-136, 2-137, 2-138, 2-139, 2-140, 2-141, 2-142, 2-143, 3-001, 3-002, 3-003, 3-004, 3-005, 3-006, 3-007, 3-008, 3-009, 3-010, 3-011, 3-012, 3-013, 3-014, 3-015, 3-016, 3-017, 3-018, 3-019, 3-020, 3-021, 3-022, 3-023, 3-024, 3-025, 3-026, 3-027, 3-032, 3-033, 3-035, 3-044, 3-046, 3-050, 3-077, 3-080, 3-083, 3-087, 3-088, 3-092, 3-096, 3-098, 3-101, 3-102, 3-103 and 3-104

(1)

Area

(2)

Number of land shown on the deposited plans

County West Yorkshire, District of Kirklees

2-009a, 2-010a, 2-021, 2-022, 2-024, 2-030, 2-036, 2-037, 2-038, 2-038b, 2-040, 2-040b, 2-041, 2-045, 2-049, 2-050, 2-051, 2-052, 2-053, 2-054, 2-055, 2-056, 2-057, 2-058, 2-059, 2-060, 2-061, 2-062, 2-063, 2-064, 2-065, 2-066, 2-067, 2-068, 2-069, 2-070, 2-071, 2-072, 2-073, 2-074, 2-075, 2-076, 2-077, 2-078, 2-079, 2-080, 2-081, 2-082, 2-083, 2-084, 2-085,02-086, 2-087, 2-088, 2-089, 2-090, 2-091, 2-092, 2-093, 2-094, 2-095, 2-096, 2-097, 2-098, 2-099, 2-100, 2-101, 2-102, 2-103, 2-104, 2-105, 2-106, 2-107, 2-108, 2-109, 2-111, 2-112, 2-113, 2-114, 2-116, 2-117, 2-118, 2-119, 2-120, 2-121, 2-122, 2-123, 2-124, 2-125, 2-126, 2-127, 2-128, 2-129, 2-131, 2-132, 2-133, 2-134, 2-135, 2-136, 2-137, 2-138, 2-139, 2-140, 2-141, 2-142, 2-143, 3-001, 3-002, 3-003, 3-004, 3-005, 3-006, 3-007, 3-008, 3-009, 3-010, 3-011, 3-012, 3-013, 3-014, 3-015, 3-016, 3-017, 3-018, 3-019, 3-020, 3-021, 3-022, 3-023, 3-024, 3-025, 3-026, 3-027, 3-032, 3-033, 3-035, 3-044, 3-046, 3-050, 3-077, 3-080, 3-083, 3-087, 3-088, 3-092, 3-096, 3-098, 3-101, 3-102, 3-103 and 3-104

SCHEDULE 16LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Articles 8 and 34

(1) Area	(2) Number of land shown on the deposited plans	(3) Purpose for which temporary possession may be taken	(4) Authorised works
County of West Yorkshire, District of Kirklees	1-002, 1-005, 1-009 and 1-010	Access for construction	Work Nos. 1A and 1B
	1-003, 1-004, 1-007 and 1-008	Working site and access for construction	Work Nos. 1A and 1B
	2-001, 2-012, 2-020, 2-025, 2-026, 2-027, 2-028, 2-029, 2-031, 2-032, 2-033 and 2-035	Working site and access for construction	Work Nos. 1A and 1B
	2-014, 2-015, 2-016, 2-017 and 2-018	Access for construction	Work Nos. 1A and 1B
	2-110, 2-112, 2-115, 2-122, 2-124, 2-125, 2-126, 2-127, 2-128, 2-130, 2-131, 2-132, 2-133, 2-134, 2-136, 2-137, 2-138 and 2-139	Working site for construction	Work Nos. 1A and 1B
	3-041, 3-043, 3-044, 3-045, 3-046, 3-047, 3-049, 3-061, 3-062, 3-066, 3-071, 3-072, 3-073, 3-075, 3-076, 3-077, 3-080, 3-081, 3-085, 3-088, 3-089 and 3-109	Utility diversion works	Work Nos. 1A, 1B and 1C
	3-055, 3-074, 3-112, 3-123, 3-124, 3-127, 3-129, 3-130, 3-131, 3-132, 3-133, 3-135, 3-137, 3-138, 3-139, 3-140, 3-141, 3-142, 3-143 and 3-153	Working site and access for construction	Work No. 1C
	3-069, 3-070, 3-078, 3-079, 3-108, 3-146 and 3-154	Access for construction	Work No. 1C
	3-082 and 3-115	Working site for construction and utility diversion works	Work No. 1C
	3-083	Utility diversion works	Work No. 1C
	3-086, 3-092, 3-106 and 3-107	Working site for construction and utility diversion works	Work Nos. 1A, 1B and 1C
	3-091, 3-091a, 3-091b, 3-091c, 3-111, 3-147, 3-160, 3-161 and 3-162	Working site for construction	Work No. 1C
	4-001, 4-002, 4-003, 4-005, 4-010, 4-011, 4-012, 4-015, 4-020, 4-027, 4-028, 4-034, 4-035, 4-054, 4-064, 4-069, 4-073, 4-081, 4-090, 4-093 and 4-099	Working site and access for construction	Work No. 1C
	4-004, 4-006, 4-007, 4-008, 4-009, 4-017, 4-019, 4-025, 4-026 and 4-033	Working site and access for construction and temporary protective works to buildings	Work No. 1C
	4-039, 4-041, 4-043, 4-046, 4-049, 4-050, 4-055, 4-056, 4-060, 4-061, 4-063, 4-070, 4-072, 4-074, 4-076, 4-077, 4-078, 4-084, 4-086, 4-088, 4-089, 4-094, 4-097, 4-101, 4-109, 4-111 and 4-112	Working site for construction	Work No. 1C
	4-053	Access for construction	Work No. 1C
	5-001, 5-002, 5-002a, 5-003a, 5-003b, 5-008, 5-008a, 5-008b, 5-014, 5-017 and 5-042	Working site for construction	Work No. 1C
	5-005, 5-006a, 5-007, 5-010, 5-015, 5-016, 5-018, 5-021, 5-024, 5-025, 5-026, 5-027, 5-030, 5-031, 5-032, 5-033, 5-034, 5-036, 5-038, 5-039, 5-040, 5-041, 5-044, 5-046, 5-047, 5-048. 5-051, 5-052, 5-053, 5-054, 5-055, 5-056, 5-059, 5-060, 5-061, 5-063, 5-065, 5-066, 5-067, 5-068, 5-071, 5-072, 5-073, 5-076, 5-077, 5-078, 5-081, 5-084, 5-090, 5-091, 5-092, 5-093 and 5-094	Working site and access for construction	Work No. 1C
	6-003	Working site and access for construction	Work No. 2
	6-008	Working site and access for construction	Work No. 2B
	6-014, 6-019, 6-020 and 6-024	Working site and access for construction	Work Nos. 2, 2A and 2B
	6-015 and 6-016	Working site and access for construction	Work Nos. 2 and 5
	6-017	Working site and access for construction	Work Nos. 2A and 2B
	6-018, 6-033, 6-050 and 6-054	Access for construction	Work No. 2
	7-005, 7-012, 7-014, 7-016, 7-019, 7-020, and 7-023	Working site and access for construction	Work Nos. 2 and 2C
	7-006, 7-007, 7-008, 7-009, 7-010 and 7-011	Access for construction	Work Nos. 2 and 2C
	7-013, 7-024, 7-025 and 7-027	Working site and access for construction	Work No. 2
	7-021	Access for construction	Work No. 2
	7-028, 7-029, 7-030, 7-031, 7-032, 7-047, 7-049 and 7-050	Working site for construction	Work Nos. 2 and 3
	7-043, 7-044, 7-045, 7-046 and 7-048	Working site and access for construction	Work Nos. 2 and 3
	7-051, 7-052 and 7-053	Access for construction	Work Nos. 2 and 3
	8-001, 8-002, 8-008 and 8-009	Working site and access for construction	Work Nos. 2 and 3
	8-006	Working site and access for construction	Work Nos. 2, 3 and 4
	8-007 and 8-010	Access for construction	Work Nos. 2 and 3
	8-015, 8-016, 8-018, 8-022 and 8-024	Working site and access for construction	Work Nos. 2 and 4
	8-017, 8-019, 8-020, 8-021 and 8-027	Access for construction	Work Nos. 2 and 4
	8-025	Working site and access for construction	Work Nos. 2, 4 and 5
	8-031	Working site and access for construction	Work Nos. 5 and 6
	9-001, 9-005, 9-006 and 9-077,	Working site and access for construction	Work Nos. 5 and 6
	9-007, 9-007a and 9-011	Working site and access for construction and utility diversion works	Work No. 6
	9-020, 9-021 and 9-031	Working site for construction	Work Nos. 5 and 6
	9-056 and 9-079	Working site and access for construction and vehicle restraint barrier works	Work Nos. 5 and 6
	9-061, 9-063 and 9-066	Working site for construction	Work No. 5
	9-080, 9-128, 9-130, 9-131a, 9-132, 9-133 and 9-135	Working site and access for construction	Work No. 5
	9-081, 9-082, 9-093 and 9-094	Working site and access for construction	Work Nos. 5 and 7
	9-083, 9-084, 9-085, 9-086, 9-087, 9-088, 9-090 and 9-127	Working site for construction	Work Nos. 5 and 7
	9-097	Working site for construction	Work No. 7
	10-001 and 10-002	Working site and access for construction and vehicle restraint barrier works	Work No. 5
	10-003, 10-004, 10-006, 10-007, 10-010, 10-015, 10-016, 10-044 and 10-046	Working site and access for construction	Work No. 5
	10-009 and 10-012	Access for construction	Work No. 5
	10-024, 10-027, 10-030, 10-032, 10-033, 10-034, 10-043 and 10-045	Working site and access for construction	Work Nos. 5 and 8
	10-042	Working site and access for construction and creation of a new public right of way (cycleway)	Work Nos. 5 and 8
	10-047 and 10-049	Working site and access for construction and vehicle restraint barrier works	Work No. 5
	10-053	Working site and access for construction	Work Nos. 5, 8 and 9A
	10-061	Working site and access for construction	Work Nos. 5 and 9A
	10-062	Access for construction	Work Nos. 5, 8 and 9A
	11-002, 11-007 , 11-008, 11-010, 11-011, 11-014, 11-057, 11-058, 11-060, 11-067, 11-074, 11-075 and 11-078	Working site and access for construction	Work No. 9A
	11-015, 11-017, 11-018, 11-020 and 11-023	Working site and access for construction and utility diversion works	Work No. 10
	11-019, 11-022, 11-033 and 11-040	Working site and access for construction	Work Nos. 9A and 10
	11-025	Working site and access for construction and utility diversion works	Work Nos. 9A and 10
	11-032, 11-055, 11-070 and 11-071	Access for construction	Work No. 9A
	11-034, 11-035 and 11-039	Access for construction and environmental mitigation works	Work No. 9A
	11-048, 11-056, 11-063, 11-065, 11-068, 11-072, 11-076, 11-077, 11-079, 11-080, 11-081, 11-082, 11-083, 11-084, 11-085, 11-086¸ 11-087, 11-088, 11-089 and 11-091	Working site and access for construction and utility diversion works	Work No. 9A
	11-090 and 11-092	Access for construction	Work Nos. 9A, 9B, 9C and 11
	12-001, 12-007, 12-008, 12-009 and 12-010	Working site and access for construction	Work Nos. 9A, 9B and 9C
	12-013, 12-014 and 12-061	Working site and access for construction	Work Nos. 9A and 9B
	12-017 and 12-019	Working site and access for construction	Work Nos. 9A, 9B, 9C and 11
	12-028, 12-037, 12-052, 12-058 and 12-059	Working site and access for construction	Work Nos. 9B, 9C and 11
	12-031	Working site and access for construction and temporary highway works	Work Nos. 9B, 9C and 11
	12-032, 12-034, 12-055 and 12-057	Access for construction	Work Nos. 9B, 9C and 11
	12-045, 12-053 and 12-056	Access for construction	Work No. 9C
	12-049	Access for construction and highway alteration works	Work Nos. 9B, 9C and 11
	12-054	Working site and access for construction	Work No. 9C
	12-065 and 13-001	Environmental mitigation works	Work Nos. 9B and 9C
	13-002 and 13-011	Working site and access for construction	Work Nos. 9B, 9C, 11A and 11B
	13-013	Working site and access for construction	Work No. 9C
	13-015, 13-049 and 13-071	Working site and access for construction	Work No. 12
	13-049	Working site and access for construction	Work Nos. 9A, 9B, 9C and 11
	13-057	Working site and access for construction	Work Nos. 9B, 9C, 11A, 11B and 13
	13-085, 13-086, 13-087, 13-088 and 13-091	Working site and access for construction	Work No. 9D
	14-001 and 14-004	Working site and access for construction	Work Nos. 9D and 14
	15-001, 15-004, 15-005, 15-006, 15-011, 15-014, 15-015, 15-022, 15-023, 15-024, 15-025, 15-027, 15-029, 15-030, 15-031, 15-032, 15-033, 15-035, 15-036, 15-037, 15-038, 15-039, 15-041, 15-043 and 15-044	Working site and access for construction	Work No. 14
	15-007, 15-018, 15-019 and 15-020	Working site and access for construction and temporary highway works	Work No. 14
	15-021	Access for construction	Work No. 14
	16-001, 16-002, 16-005, 16-006, 16-007, 16-008, 16-009, 16-010, 16-011, 16-012, 16-014, 16-016, 16-020, 16-021, 16-022, 16-025, 16-026, 16-027, 16-028, 16-029, 16-030, 16-031, 16-032, 16-033, 16-036, 16-037, 16-038, 16-039, 16-041, 16-053, 16-065, 16-066 and 16-068	Working site and access for construction	Work No. 14
	16-013	Access for construction	Work No. 14
	16-017	Working site and access for construction and temporary highway works	Work No. 14
	17-001, 17-006, 17-009 and 17-010	Working site and access for construction	Work No. 14
	17-005	Working site and access for construction and environmental mitigation works	Work No. 14
	18-003, 18-004, 18-005, 18-006, 18-008, 18-009, 18-010, 18-011, 18-012, 18-015, 18-016, 18-017, 18-018, 18-020, 18-022, 18-025, 18-026, 18-028, 18-031, 18-032 and 18-038	Working site and access for construction	Work No. 14
	18-030, 18-033 and 18-037	Access for construction	Work No. 14
	19-004, 19-005, 19-006, 19-007, 19-010, 19-011, 19-014, 19-021 and 19-023	Working site and access for construction	Work No. 15
	19-028, 19-029, 19-032, 19-035, 19-038, 19-040 and 19-041	Working site and access for construction and utility diversion works	Work No. 15
	19-042	Working site and access for construction	Work Nos. 17, 17A and 17B
	20-001, 20-005, 20-010, 20-012, 20-015, 20-017 and 20-018	Access for construction	Work Nos. 15 and 16
	20-002, 20-003 and 20-004	Working site and access for construction	Work Nos. 15 and 16
	20-006, 20-007, 20-008, 20-009, 20-011 and 20-014	Working site and access for construction and utility diversion works	Work Nos. 15 and 16
	21-001, 21-002, 21-003 and 21-004	Working site and access for construction and utility diversion works	Work No. 15
	21-008, 21-014, 21-015 and 21-029	Working site and access for construction	Work No. 17
	21-010, 21-011, 21-032 and 21-042	Working site and access for construction and highway alteration works	Work No. 17
	21-033	Working site and access for construction	Work Nos. 17 and 17A
	21-040	Working site and access for construction and highway alteration works	Work Nos. 15, 16, 17, 17B and 18
	21-045, 21-046, 21-052, 21-057 and 21-059	Working site and access for construction and highway alteration works	Work Nos. 15 and 17
	21-051 and 21-055	Working site and access for construction and highway alteration works	Work Nos. 15, 17 and 17B
	21-058	Working site and access for construction	Work Nos. 15, 16 and 18
	21-062	Working site and access for construction	Work Nos. 15 and 16
	21-065	Working site for construction	Work No. 17A
	21-069 and 21-072	Working site and access for construction and utility diversion works	Work Nos. 15, 16 and 18
	21-074, 21-075, 21-076 and 21-081	Working site and access for construction	Work No. 18
	21-078	Access for construction	Work Nos. 15, 16, 17, 17A and 18
	21-087	Access for construction	Work Nos. 15 and 16
	21-088, 21-090, 21-104 and 21-106	Working site and access for construction	Work No. 15
	21-097, 21-098, 21-099 and 21-100	Working site and access for construction and utility diversion works	Work No. 15
	21-105 and 21-111	Working site and access for construction and temporary utility diversion works	Work Nos. 15 and 16
	21-116 and 21-119	Working site and access for construction	Work No. 16
	22-001, 22-003, 22-006, 22-007, 22-036, 22-039, 22-040, 22-042 and 22-043	Access for construction	Work Nos. 15 and 16
	22-004	Access for construction	Work Nos. 15, 16, 17, 17A and 18
	22-005, 22-008, 22-012, 22-014, 22-027, 22-028, 22-029, 22-031, 22-033 and 22-034	Working site and access for construction and temporary utility diversion works	Work Nos. 15 and 16
	22-009, 22-010, 22-011, 22-013, 22-015, 22-016, 22-017, 22-018, 22-019, 22-021, 22-022, 22-023, 22-024, 22-025, 22-026, 22-030 and 22-032	Oversailing for temporary diversion of electric cables	Work Nos. 15 and 16
	22-037 and 22-038	Working site and access for construction	Work Nos. 15 and 16
	23-001, 23-002, 23-006, 23-009, 23-011, 23-014, 23-017, 23-023, 23-027, 23-028, 23-030, 23-032, 23-033, 23-040, 23-043, 23-044, 23-047, 23-050, 23-051, 23-054, 23-064, 23-066, 23-067, 23-072, 23-074, 23-076, 23-077, 23-078, 23-079, 23-080, 23-081 and 23-084	Working site and access for construction	Work No. 15
	23-003	Working site and access for construction	Work Nos. 15 and 16
	23-004	Working site and access for construction and utility diversion works	Work No. 15
	23-012, 23-021 and 23-037	Access for construction	Work No. 15
	23-049, 23-052, 23-058 and 23-068a	Working site and access for construction	Work Nos. 15 and 21
	23-055	Working site and access for construction	Work Nos. 15, 16 and 21
	24-006, 24-008, 24-009, 24-010 and 24-010a	Working site and access for construction	Work Nos. 15, 16 and 21
	24-011	Working site and access for construction and temporary highway works	Work Nos. 15, 16 and 21
	25-001, 25-005, 25-006, 25-010, 25-015, 25-027, 25-029, 25-031 and 25-035	Working site and access for construction	Work Nos. 19 and 20
	25-002	Working site and access for construction and highway alteration works	Work No. 19
	25-004, 25-051, 25-053, 25-064, 25-065, 25-068, 25-070, 25-073, 25-074, 25-075, 25-077, 25-079, 25-081, 25-083, 25-084, 25-085, 25-086, 25-091, 25-091a, 25-091b and 25-091c	Working site and access for construction	Work No. 15
	25-008, 25-044, 25-045 and 25-046	Working site and access for construction and highway alteration works	Work No. 20
	25-013	Working site and access for construction	Work No. 20
	25-017, 25-023 and 25-033	Working site and access for construction and highway alteration works	Work Nos. 19 and 20
	25-049	Working site and access for construction and highway improvement works	Work No. 20
	25-056	Working site and access for construction and highway improvement works	Work No. 15
	25-059	Access for construction	Work No. 15

SCHEDULE 17TEMPORARY USE OF LAND FOR ACCESS

Article 36

(1) Area	(2) Number of land shown on the deposited plans
County of West Yorkshire, District of Kirklees	9-124, 9-125, 9-126, 9-136, 11-009, 11-012, 21-063, 21-070 and 22-041

(1)

Area

(2)

Number of land shown on the deposited plans

County of West Yorkshire, District of Kirklees

9-124, 9-125, 9-126, 9-136, 11-009, 11-012, 21-063, 21-070 and 22-041

SCHEDULE 18PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

Article 52

Apparatus of statutory undertakers etc. on land acquired

1

Sections 271 to 27487 (extinguishment of rights of statutory undertakers etc.) of the 1990 Act apply in relation to any land acquired or appropriated by Network Rail under this Order subject to the following provisions of this paragraph; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 28288, which provide for the payment of compensation) have effect accordingly.

2

In the provisions of the 1990 Act, as applied by sub-paragraph (1), references to the appropriate Minister are references to the Secretary of State.

3

Where any apparatus of public utility undertakers or of a public communications provider is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from Network Rail compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

4

Sub-paragraph (3) does not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—

a

the owner or occupier of premises the drains of which communicated with that sewer; or

b

the owner of a private sewer which communicated with that sewer,

is entitled to recover from Network Rail compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

5

The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, do not have effect in relation to apparatus as respects which paragraph (2) or Part 3 of the 1991 Act applies.

6

Nothing in this paragraph affects the provisions of any enactment or agreement regulating the relations between Network Rail and a public communications provider or public utility undertaker in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which the Order is made.

7

In this paragraph—

“public communications provider” has the same meaning as in section 151(1) of the 2003 Act; and
“public utility undertaker” has the same meaning as in the 1980 Act89.

Apparatus of statutory undertakers etc. in stopped up streets

2

1

Where a street is stopped up under article 14 (stopping up of streets) any statutory utility whose apparatus is under, in, upon, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

2

Where a street is stopped up under article 14 any statutory utility whose apparatus is under, in, upon, over, along or across the street may, and if reasonably requested to do so by Network Rail must—

a

remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

b

provide other apparatus in substitution for the existing apparatus and place it in that other position.

3

Subject to the following provisions of this paragraph, Network Rail must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

a

the execution of the relocation works required in consequence of the stopping up of the street; and

b

the doing of any other work or thing rendered necessary by the execution of the relocation works.

4

If in the course of the execution of relocation works under sub-paragraph (2)—

a

apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

b

c

“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in paragraph 1(7).

Railway and navigation undertakings

3

1

Subject to the following provisions of this paragraph, the powers under article 13 (power to execute street works) to break up or open a street are not exercisable where the street, not being a highway maintainable at public expense (within the meaning of the 1980 Act) is under the control or management of, or is maintainable by, railway undertakers or a navigation authority except with the consent of the undertakers or authority.

2

Sub-paragraph (1) does not apply to the carrying out under this Order of emergency works, within the meaning of Part 3 of the 1991 Act.

3

A consent given for the purpose of sub-paragraph (1) may be made subject to such reasonable conditions as may be specified by the person giving it but must not be unreasonably withheld.

4

In this paragraph “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.

5

Nothing in this paragraph affects the provision of any enactment or agreement regulating the relations between Network Rail and a railway undertaker or a navigation authority in respect of any street to which sub-paragraph (1) applies which have effect on the date on which this Order is made.

SCHEDULE 19PROTECTIVE PROVISIONS

Article 53

PART 1FOR THE PROTECTION OF SPECIFIED UNDERTAKERS

1

For the protection of the undertakers referred to in this Part of this Schedule the following provisions have effect unless otherwise agreed in writing between Network Rail and the undertakers concerned.

2

The provisions of paragraph 1 of Schedule 18 (provisions relating to statutory undertakers etc.), in so far as they relate to the removal of apparatus, do not apply in relation to apparatus to which this Part of this Schedule applies.

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between Network Rail and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.

4

In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;
“apparatus” means—
1. a
  in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 198990) belonging to or maintained by that undertaker;
2. b
  in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply;
3. c
  in the case of a water undertaker any mains, pipes or other apparatus belonging to, or maintained by, the undertaker for the purposes of water supply; and
4. d
  in the case of a sewerage undertaker—
  1. i
    any drain or works vested in the undertaker under the Water Industry Act 1991; and
  2. ii
    any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)91 of that Act or an agreement to adopt made under section 10492 of that Act,
  and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,
and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
“functions” includes powers and duties;
“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and
“undertaker” means—
1. a
  any licence holder within the meaning of Part 1 of the Electricity Act 1989;
2. b
  a gas transporter within the meaning of Part 1 of the Gas Act 198693;
3. c
  a water undertaker within the meaning of the Water Industry Act 1991; and
4. d
  a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,
for the area of the authorised works, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

5

Without affecting any provision in this Order or anything shown on the deposited plans Network Rail must not acquire any apparatus other than by agreement.

6

1

If, in the exercise of the powers conferred by this Order, Network Rail acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of an undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertaker in question.

2

If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, Network Rail requires the removal of any apparatus placed in that land, it must give to the undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed.

3

Any alternative apparatus to be constructed in land of Network Rail under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and Network Rail within 21 days of the service of a notice under sub-paragraph (2) or in default of agreement settled by arbitration in accordance with article 57 (arbitration).

4

In any case where alternative apparatus is to be provided or constructed under sub-paragraph (2), or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus, Network Rail must, subject to sub-paragraph (5), afford to the undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of Network Rail and for the subsequent maintenance of that apparatus.

5

If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of Network Rail, or Network Rail is unable to afford such facilities and rights as are mentioned in sub-paragraph (4) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker in question must, on receipt of a written notice to that effect from Network Rail, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

6

The undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 57 (arbitration), and after the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (4) or (5), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by Network Rail to be removed under the provisions of this Part of this Schedule.

7

Without affecting anything in sub-paragraph (6), if Network Rail gives notice in writing to the undertaker in question that it desires itself to execute any work to which this sub-paragraph applies, that work, instead of being executed by the undertaker, must be executed by Network Rail without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the undertaker.

8

Sub-paragraph (7) applies to any part of any work necessary in connection with construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land of Network Rail.

9

Nothing in sub-paragraph (7) authorises Network Rail to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

7

1

Where, in accordance with the provisions of this Part of this Schedule, Network Rail affords to an undertaker facilities and rights for the construction and maintenance in land of Network Rail of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between Network Rail and the undertaker in question or in default of agreement settled by arbitration in accordance with article 57 (arbitration).

2

In settling those terms and conditions in respect of the alternative apparatus to be constructed in or along any railway of Network Rail, the arbitrator must—

a

give effect to all reasonable requirements of Network Rail for ensuring the safety and efficient operation of the railway and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of Network Rail or the traffic on the railway; and

b

so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or along the railway for which the alternative apparatus is to be substituted.

3

If the facilities and rights to be afforded by Network Rail in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by Network Rail to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

8

1

Not less than 28 days before starting the execution of any of the authorised works that are near to, or will or may affect, any apparatus the removal of which has not been required by Network Rail under paragraph 6(2), Network Rail must submit to the undertaker in question a plan, section and description of the works to be executed.

2

Those works are to be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and an officer of the undertaker is entitled to watch and inspect the execution of those works.

3

Any requirements made by the undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description are submitted to it under sub-paragraph (1).

4

If an undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by Network Rail, reasonably requires the removal of any apparatus and gives written notice to Network Rail of that requirement, paragraphs 1 to 7 apply as if the removal of the apparatus had been required by Network Rail under paragraph 6(2).

5

Nothing in this paragraph precludes Network Rail from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

by reason or in consequence of any such damage or interruption.

2

Nothing in sub-paragraph (1) imposes any liability on Network Rail with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an undertaker, its officers, servants, contractors or agents.

3

An undertaker must give Network Rail reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of Network Rail, which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

12

Nothing in this Part of this Schedule affects the provision of any enactment or agreement regulating the relations between Network Rail and an undertaker in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which this Order is made.

PART 2FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

13

1

For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between Network Rail and the operator, have effect.

2

In this Part of this Schedule—

“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;
“electronic communications code network” means—
1. a
  so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 10694 (application of the electronic communications code) of the 2003 Act; and
2. b
  an electronic communications network which the Secretary of State is providing or proposing to provide;
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;
“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and
“operator” means the operator of an electronic communications code network.

14

1

Subject to sub-paragraphs (2) to (4), if as the result of the authorised works or their construction, or of any subsidence resulting from any of those works—

a

any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

b

there is any interruption in the supply of the service provided by an operator,

Network Rail must bear and pay the cost reasonably incurred by an operator in making good such damage or restoring the supply and must—

c

make reasonable compensation to that operator for loss sustained by it; and

d

indemnify that operator against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, that operator by reason, or in consequence of, any such damage or interruption.

2

Nothing in sub-paragraph (1) imposes any liability on Network Rail with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

3

The operator must give Network Rail reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of Network Rail which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

4

Any difference arising between Network Rail and the operator under this Schedule must be referred to and settled by arbitration under article 57 (arbitration).

15

This Part of this Schedule does not apply to—

a

any apparatus in respect of which the relations between Network Rail and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

b

any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised works.

16

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between Network Rail and an operator in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which this Order is made.

PART 3FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

17

1

The following provisions of this Part of this Schedule apply for the protection of the Agency unless otherwise agreed in writing between Network Rail and the Agency.

2

In this Part of this Schedule—

“the Agency” means the Environment Agency;
“construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are to be construed accordingly;
“drainage work” means any main river and includes any land which provides or is expected to provide flood storage capacity for any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;
“the fishery” means any waters containing fish and fish in, or migrating to or from such waters and the spawn, spawning grounds, habitat or food of such fish;
“main river” has the same meaning as in section 221 (general interpretation) of the Water Resources Act 1991;
“plans” includes sections, drawings, specifications and method statements; and
“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to—
1. a
  affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;
2. b
  affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;
3. c
  cause obstruction to the free passage of fish or damage to any fishery;
4. d
  affect the conservation, distribution or use of water resources; or
5. e
  affect the conservation value of any main river and habitats in its immediate vicinity.

18

1

Before beginning to construct any specified work, Network Rail must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the receipt of the plans reasonably request.

2

Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 29.

3

Any approval of the Agency required under this paragraph—

a

must not be unreasonably withheld or delayed;

b

is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval or where further particulars are submitted under sub-paragraph (1) within 2 months of the submission of those particulars, and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

c

may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties.

4

The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

19

Without limitation on the scope of paragraph 18, the requirements which the Agency may make under that paragraph include conditions requiring Network Rail at its own expense to construct such protective works, whether temporary or permanent, before or during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

a

to safeguard any drainage work against damage; or

b

to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,

by reason of any specified work.

20

1

Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 19, must be constructed—

a

without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and

b

to the reasonable satisfaction of the Agency,

and an officer of the Agency is entitled to watch and inspect the construction of such works.

2

Network Rail must give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is completed.

3

If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require Network Rail at Network Rail’s own expense to comply with the requirements of this Part of this Schedule or (if Network Rail so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

4

Subject to sub-paragraph (5) and paragraph 24, if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) is served upon Network Rail, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from Network Rail.

5

In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not except in emergency exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined in accordance with paragraph 29.

21

1

Subject to sub-paragraph (5) Network Rail must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by Network Rail for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

2

If any such drainage work which Network Rail is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require Network Rail to repair and restore the work, or any part of such work, or (if Network Rail so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed), to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

3

Subject to paragraph 24, if, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on Network Rail, Network Rail has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure incurred by it in so doing from Network Rail.

4

In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the Agency must not except in a case of an emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 29.

5

This paragraph does not apply to—

a

drainage works which are vested in the Agency, or which the Agency or another person is liable to maintain and is not precluded by the powers of the Order from doing so; or

b

any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provision of this Part of this Schedule.

22

Subject to paragraph 24, if by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by Network Rail to the reasonable satisfaction of the Agency and if Network Rail fails to do so, the Agency may make good the same and recover from Network Rail the expense reasonably incurred by it in so doing.

23

1

Network Rail must take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in the fishery during the construction of any specified work.

2

If by reason of—

a

the construction of any specified work; or

b

the failure of any such work,

damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on Network Rail requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage.

3

Subject to paragraph 24, if within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, Network Rail fails to take such steps as are described in sub-paragraph (2), the Agency may take those steps and may recover from Network Rail the expense reasonably incurred by it in doing so.

4

Subject to paragraph 24, in any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from Network Rail the reasonable cost of so doing provided that notice specifying those steps is served on Network Rail as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.

24

Nothing in paragraphs 20(4), 21(3), 22, 23(3) and 23(4) authorises the Agency to execute works on or affecting an operational railway forming part of Network Rail’s network without the prior consent in writing of Network Rail, such consent not to be unreasonably withheld or delayed.

25

If by reason of the construction of any specified work the Agency’s access to flood defences or equipment maintained by the Agency for flood defence purposes is materially obstructed, Network Rail must as soon as reasonably practicable provide such alternative means of access as will (so far as reasonably practicable) allow the Agency to maintain the flood defence or use the equipment no less effectively than was possible before the obstruction.

26

Network Rail must indemnify the Agency in respect of all costs, charges and expenses which the Agency may reasonably incur or have to pay or which it may sustain—

a

in the examination or approval of plans under this Part of this Schedule; and

b

in the inspection of the construction of the specified works or any protective works required by the Agency under this Part of this Schedule.

27

1

Without affecting the other provisions of this Part of this Schedule, Network Rail must indemnify the Agency from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by, the Agency by reason of—

a

any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

b

any damage to the fishery;

c

any raising or lowering of the water table in land adjoining the authorised works or any sewers, drains and watercourses;

d

any flooding or increased flooding of any such lands; or

e

inadequate water quality in any watercourse or other surface waters or in any groundwater,

which is caused by the construction of any of the specified works or any act or omission of Network Rail, its contractors, agents or employees whilst engaged upon the work.

2

The Agency must give to Network Rail reasonable notice of any such claim or demand and no settlement or compromise may be made without the agreement of Network Rail which agreement must not be unreasonably withheld or delayed.

28

The fact that any work or thing has been executed or done by Network Rail in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve Network Rail from any liability under the provisions of this Part of this Schedule.

29

Any dispute arising between Network Rail and the Agency under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 57 (arbitration), but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly on a reference to them by Network Rail or the Agency, after notice in writing by one to the other.

PART 4FOR THE PROTECTION OF LEAD LOCAL FLOOD AUTHORITIES

30

1

The following provisions of this Part of this Schedule apply for the protection of the lead local flood authority unless otherwise agreed in writing between Network Rail and the lead local flood authority.

2

In this Part of this Schedule—

“construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are to be construed accordingly;
“drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any ordinary watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence;
“lead local flood authority” means in relation to an ordinary watercourse the lead local flood authority concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991;
“ordinary watercourse” has the meaning given by the Land Drainage Act 1991;
“plans” includes sections, drawings, specifications and method statements; and
“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to affect any drainage work.

31

1

Before beginning to construct any specified work, Network Rail must submit to the lead local flood authority plans of the specified work and such further particulars available to it as the lead local flood authority may within 28 days of the submission of the plans reasonably require.

2

Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the lead local flood authority, or determined under paragraph 38.

3

Any approval of the lead local flood authority required under this paragraph—

a

must not be unreasonably withheld or delayed;

b

c

may be given subject to such reasonable requirements as the lead local flood authority may make for the protection of any drainage work.

4

The lead local flood authority must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

32

Without limitation on the scope of paragraph 31, the requirements which the lead local flood authority may make under that paragraph include conditions requiring Network Rail at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

a

to safeguard any drainage work against damage; or

b

to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,

by reason of any specified work.

33

1

Subject to sub-paragraph (2), any specified work, and all protective works required by the lead local flood authority under paragraph 32, must be constructed—

a

without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and

b

to the reasonable satisfaction of the lead local flood authority,

and an officer of the lead local flood authority is entitled to watch and inspect the construction of such works.

2

Network Rail must give to the lead local flood authority not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.

3

If any part of a specified work or any protective work required by the lead local flood authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the lead local flood authority may by notice in writing require Network Rail at Network Rail’s own expense to comply with the requirements of this Part of this Schedule.

4

Subject to sub-paragraph (5), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) is served upon Network Rail, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the lead local flood authority may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from Network Rail.

5

In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the lead local flood authority must not except in emergency exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined.

34

1

Subject to sub-paragraph (3) Network Rail must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation or on land held by Network Rail for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

2

If any such drainage work which Network Rail is liable to maintain is not maintained to the reasonable satisfaction of the lead local flood authority, the lead local flood authority may by notice in writing require Network Rail to repair and restore the work, or any part of such work, or (if Network Rail so elects and the lead local flood authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the work and restore the site to its former condition, to such extent and within such limits as the lead local flood authority reasonably requires.

3

This paragraph does not apply to—

a

drainage works which are vested in the lead local flood authority, or which the lead local flood authority or another person is liable to maintain and is not precluded by the powers of the Order from doing so; or

b

any obstruction of a drainage work for the purposes of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule.

35

If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by Network Rail to the reasonable satisfaction of the lead local flood authority and if Network Rail fails to do so, the lead local flood authority may make good the impairment or damage and recover from Network Rail the expense reasonably incurred by it in so doing.

36

Network Rail must pay all costs, charges and expenses which the lead local flood authority may reasonably incur or have to pay—

a

in the examination or approval of plans under this Part of this Schedule; and

b

in the inspection of the construction of the specified works or any protective works required by the lead local flood authority under this Part of this Schedule.

37

The fact that any work or thing has been executed or done by Network Rail in accordance with a plan approved or deemed to be approved by the lead local flood authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve Network Rail from any liability under the provisions of this Part of this Schedule.

38

Any dispute arising between Network Rail and the lead local flood authority under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 57 (arbitration).

PART 5FOR THE PROTECTION OF THE TRUST

39

1

The following provisions of this Schedule, unless otherwise agreed in writing between Network Rail and the Trust, have effect.

2

In this Schedule—

“construction”, in relation to any specified work or protective work, includes—
1. a
  the execution and placing of that work; and
2. b
  any replacing, relaying, removal, alteration, renewal, maintenance, repair or reconstruction of that work as may be carried out during the period of 12 months from the completion of the work;
and “construct” and “constructed” have corresponding meanings;
“detriment” means any damage to the waterways or any other property of the Trust and, without limitation on the scope of that meaning, includes—
1. a
  the erosion of the bed or banks of the waterways, or the impairment of the stability of any works, lands or premises forming part of the waterways;
2. b
  the silting of the waterways or the deposit of materials in the waterways so as to permanently damage the waterways;
3. c
  the pollution of the waterways;
4. d
  any permanent alteration in the water level of the waterways, or permanent interference with the supply of water to the waterways, or drainage of water from it; and
5. e
  any permanent harm to the ecology of the waterways (including any permanent adverse impact on any site of special scientific interest comprised in the waterways);
“the engineer” means an engineer appointed by the Trust for the purpose in question;
“plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;
“protective work” means a work which is reasonably necessary to be carried out before the commencement of construction of any specified work to prevent detriment;
“specified work” means so much of any of the authorised works as is situated upon, a cross under, over or within 15 metres of, or may directly and physically affect, the waterways; and
“the waterways” means the Huddersfield Broad Canal and the Calder and Hebble Navigation, and includes any works, lands or premises belonging to the Trust, or under its management or control, that are held and used by the Trust in connection with the waterways.

40

Network Rail must not under the powers conferred by this Order acquire compulsorily any land of the Trust or any easement or other right over such land, other than such land or easements or other rights over such land, as is reasonably necessary for, or in connection with, the construction, maintenance or operation of the authorised works.

41

1

Network Rail must not in the exercise of the powers conferred by this Order permanently obstruct or interfere with pedestrian or vehicular access to the waterways unless such permanent obstruction or interference with such access is with the consent of the Trust.

2

Nothing in article 22 (discharge of water) authorises Network Rail—

a

to discharge any water directly or indirectly into the relevant part of the waterway; or

b

to carry out any works to, or make any opening in, or otherwise interfere with, the relevant part of the waterway (including the banks and bed thereof),

except with the consent of the Trust and in accordance with plans approved by, and under the supervision (if given) of, the engineer.

3

Network Rail must not exercise the powers conferred by article 23 (protective works to buildings, roads and apparatus of a statutory undertaker) in relation to any building forming part of the waterways, or situated on land or property of the Trust forming part of the waterways, except with the consent of the Trust.

4

Network Rail must not exercise the powers conferred by article 24 (power to survey and investigate land) or the powers conferred by section 11(3) of the 1965 Act in relation to the waterways except with the consent of the Trust.

5

Network Rail must not exercise the powers conferred by section 271 or 272 of the 1990 Act, as applied by Schedule 18 to this Order, so as to permanently divert any right of access to the waterways, but any such right of access may be permanently diverted with the consent of the Trust.

6

The consent of the Trust under any of sub-paragraphs (1), (3), (4) and (5) and the approval of plans under sub-paragraph (2) must not be unreasonably withheld or delayed but may be given subject to reasonable conditions which in the case of article 22 (discharge of water) may include conditions—

a

specifying the maximum volume of water which may be discharged in any period; and

b

authorising the Trust on giving reasonable notice (except in an emergency, when the Trust may require immediate suspension) to Network Rail to require Network Rail to suspend the discharge of water or reduce the flow of water where this is necessary by reason of any operational requirement of the Trust and where a reasonable alternative is available to enable Network Rail to discharge the water in question during the period of the suspension.

42

Network Rail must not use any land or property of the Trust forming part of the waterways for the passage or siting of vehicles, plant or machinery employed in the construction of the specified work other than—

a

with the consent in writing of the engineer whose consent must not be unreasonably withheld; and

b

subject to compliance with such reasonable requirements as the engineer may from time to time specify—

i

for the prevention of detriment; or

ii

in order to avoid or reduce any inconvenience to the Trust, its officers and agents and all other persons lawfully on such land or property.

43

If in consequence of or in connection with the exercise of the powers conferred by this Order any part of a way over land forming part of the waterways or any public right of way giving access to the waterways (“the closed section”) is temporarily closed to persons on foot or on cycles and there is no way which provides a reasonable alternative, Network Rail must to the reasonable satisfaction of the Trust, provide in substitution as sufficient and convenient a way as is reasonably practicable between the points of commencement and termination of the closed section for such time as the closure continues.

44

Where so required by the engineer Network Rail must, to the reasonable satisfaction of the engineer, fence off any specified work or protective work or take such other steps as the engineer may require to be taken for the purpose of separating a specified work or a protective work from the waterways, whether on a temporary or permanent basis or both.

45

1

Before the commencement of the initial construction of any part of the specified works and again following completion of the specified works Network Rail must bear the reasonable costs of the carrying out, by a qualified surveyor or engineer (“the surveyor”) to be approved by the Trust and Network Rail, of surveys (“the surveys”) of so much of the waterways and of any land and existing works of Network Rail which may provide support for the waterways as will or may be affected by the specified works.

2

For the purposes of the surveys Network Rail must—

a

c

in such manner as to cause as little detriment as is reasonably practicable; and

d

in such manner as to cause as little inconvenience as is reasonably practicable to the Trust, its officers and agents and all other persons lawfully using the waterways.

51

1

56

If at any time after the completion of a specified work, not being a work vested in the Trust, the Trust gives notice to Network Rail informing it that the state of maintenance of the work appears to be such that the work is causing, or is likely to cause, detriment, Network Rail must, on receipt of such notice, take such steps as may be reasonably necessary to put the work in such state of maintenance as not to cause such detriment.

57

Any additional expenses which the Trust may reasonably incur in maintaining the waterways under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that 56 days’ previous notice of the commencement of such maintenance has been given to Network Rail, be repaid by Network Rail to the Trust.

58

Network Rail must repay to the Trust all fees, costs, charges and expenses reasonably incurred by the Trust―

a

in constructing any protective works under the provisions of paragraph 46(3)(a) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

b

in respect of the approval by the engineer of plans submitted by Network Rail and the supervision by the engineer of the construction or repair of any specified work and any protective work;

c

in respect of the employment during the period of the initial construction of any specified work or protective work of any inspectors, watchkeepers and other persons whom it is reasonably necessary to appoint for inspecting, watching and lighting any part of the waterways and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified work or any protective work; and

d

in bringing the specified work or any protective work to the notice of users of the waterways.

59

1

If any detriment is caused by the construction or failure of any specified work or protective work, Network Rail (if so required by the Trust) must make good such detriment and must pay to the Trust all reasonable expenses to which the Trust may be put, and compensation for any loss which the Trust may sustain, in making good or otherwise by reason of the detriment.

2

Network Rail is responsible for and must make good to the Trust all costs, charges, damages, expenses and losses not otherwise provided for in this Part of this Schedule which may be occasioned to or reasonably incurred by the Trust―

a

by reason of the construction of any specified work or a protective work or the failure of such a work; or

b

by reason of any act or omission of Network Rail or of any person in its employ or of its contractors or others whilst engaged upon the construction of any specified work or of a protective work,

and subject to sub-paragraph (4) Network Rail must effectively indemnify and hold harmless the Trust from and against all claims and demands arising out of any of the matters referred to in paragraphs(a) and (b).

3

The fact that any act or thing may have been done by the Trust on behalf of Network Rail or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision or in accordance with any directions or awards of an arbitrator does not (if it was done without negligence on the part of the Trust or of any person in its employ or of its contractors or agents) excuse Network Rail from any liability under the provisions of this paragraph.

4

The Trust must give Network Rail reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand is to be made without the prior consent of Network Rail.

60

Where under any provision of this Part of this Schedule the Trust or Network Rail (as the case may be) is entitled to a capitalised sum, it must provide such details of the formula by which the sum is calculated as may reasonably be requested by the party required to pay the sum.

61

Except as provided by this Order, nothing in this Order is to prejudice or derogate from the estates, rights, interests, privileges, liberties or franchises of the Trust or alter or diminish any power, authority or jurisdiction vested in the Trust at the making of this Order.

62

Any difference arising between Network Rail and the Trust under this Schedule (other than a difference as to the meaning or construction of this Schedule) is to be referred to and settled by arbitration in accordance with article 57 (arbitration).

63

Nothing in this Part of the Schedule affects the provision of any enactment or agreement regulating the relations between Network Rail and the Trust in respect of the waterways or any land and existing works of Network Rail adjacent to, under or over the waterways which have effect on the date on which this Order is made.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order authorises Network Rail Infrastructure Limited to construct a new railway, including the upgrade and reconstruction of the existing railway, railway electrification works and associated works between Huddersfield and Westtown (Dewsbury) together with station improvement works at Huddersfield and the construction or reconstruction of stations at Deighton, Mirfield and Ravensthorpe. The Order authorises the acquisition of land and rights in land, and the use of land, for the purposes of the works and confers powers in connection with the construction and operation of the railway.

A copy of the deposited plans, the deposited sections and the book of reference referred to in the Order may be inspected, on request, at the offices of Network Rail Infrastructure Limited at Network Rail National Records Centre, Unit 5, Audax Road, Clifton Moor, York, YO30 4US.