The Felixstowe Dock and Railway Company (Land Acquisition) Order 2007

PART 1 PRELIMINARY

Citation and commencement

1.—(1) This Order may be cited as the Felixstowe Dock and Railway Company (Land Acquisition) Order 2007 and shall come into force on 17th December 2007.

(2) The Felixstowe Dock and Railway Acts and Orders 1879 to 2002(1), the Felixstowe Dock and Railway Harbour Revision Order 2007(2) and this Order may be cited together as the Felixstowe Dock and Railway Acts and Orders 1879 to 2007.

Interpretation

2.—(1) In this Order—

“the 1965 Act” means the Compulsory Purchase Act 1965(3);

“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000;

“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;

“the Company” means the Felixstowe Dock and Railway Company being a company limited by shares and incorporated by the Felixstowe Railway and Pier Act 1875(4);

“dock” means the dock constructed by the Company in pursuance of the powers conferred on them by the Felixstowe Dock and Railway Acts and Orders 1879 to 2007 and includes the open cut or channel also constructed under those powers, all other works, land, buildings, ancillary works, plant, property and conveniences connected therewith, as from time to time existing;

“Felixstowe South Reconfiguration” means the development of that part of the dock for which planning permission was granted by the First Secretary of State on 1st February 2006 and which includes the area in Harwich Harbour proposed to be reclaimed under the provisions of the Felixstowe Dock and Railway Harbour Revision Order 2007(5);

“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;

“the tribunal” means the Lands Tribunal; and

“the undertaking” means the harbour undertaking of the Company as authorised from time to time.

(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 air-space over its surface.

(3) All measurements stated in any description of lands in the book of reference shall be construed as if the words “or thereabouts” were inserted after each measurement.

PART 2 ACQUISITION OF LAND

Power to acquire land

3.  The Company may acquire compulsorily so much of the land shown coloured pink and edged black on the land plans and described in the book of reference, or such estates, interests, easements, or other rights in or over the land, as may be required for or in connection with the Felixstowe South Reconfiguration and they may use any land so acquired for those purposes or for any other purposes ancillary to the undertaking.

Application of Part 1 of the Compulsory Purchase Act 1965

4.—(1) Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order—

(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 1981(6) applies; and

(b) as if this Order were a compulsory purchase order made under that Act.

(2) Part 1 of the 1965 Act, as so applied, shall have effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.

Power to acquire new rights

5.—(1) The Company may compulsorily acquire such easements or other rights over any land referred to in article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired by them under that article, by creating them as well as by acquiring easements or other rights already in existence.

(2) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 1 (modification of compensation and compulsory purchase enactments for creation of new rights)), where the Company acquires a right over land under paragraph (1) they shall not be required to acquire a greater interest in that land.

(3) Schedule 1 shall have 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 of a right over land by the creation of a new right.

Disregard of certain interests and improvements

6.—(1) In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall 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 he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

Extinction of private rights of way

7.—(1) All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished—

(a) as from the acquisition of the land by the Company, whether compulsorily or by agreement; or

(b) on the entry on the land by the Company under section 11(1) of the 1965 Act;

whichever is sooner.

(2) Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the Land Compensation Act 1961(7).

(3) This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990(8) (extinguishment of rights of statutory undertakers etc.) applies.

Time limit for exercise of powers of acquisition

8.  No notice to treat shall be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 4 (Application of Part 1 of the Compulsory Purchase Act 1965) after the end of the period of five years beginning on the day on which this Order comes into force.

PART 3 MISCELLANEOUS AND GENERAL

Certification of plans, etc.

9.  The Company shall, as soon as practicable after the making of this Order, submit copies of the book of reference and the land plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference and land plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Statutory undertakers, etc.

10.  The provisions of Schedule 2 (Provisions relating to statutory undertakers, etc.) shall have effect.

Service of notices

11.—(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post; or

(b) subject to paragraphs (5), (6), (7) and (8), by electronic transmission.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 1978(9) as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) is, if he has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and

(b) in any other case, his last known address at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement shall be taken to be fulfilled where the recipient of the notice or other document to be transmitted has given his consent to the use of electronic transmission either in writing or by electronic transmission.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that he requires a paper copy of all or any part of that notice or other document the sender shall provide such a copy as soon as reasonably practicable.

(7) A person may revoke his consent to the use of electronic transmission in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order he shall—

(a) give notice in writing or by electronic transmission revoking any consent given by him for that purpose; and

(b) such revocation shall be final and shall take effect on a date specified by the person in the notice but that date shall not be less than 7 days after the date on which the notice is given.

(9) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.

No double recovery

12.  Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

Signed by authority of the Secretary of State

Ellis Harvey

Head of Transport and Works Act Orders Unit

Department for Transport

26th November 2007