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

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Incorporation of the Railway Clauses Acts

   4. 4. Application of the 1991 Act

   5. 5. Disapplication of legislative provisions

   6. 6. Disapplication of legislative provisions relating to the surrender of an environmental permit

   7. 7. Application of local railway enactments

3. PART 2 WORKS PROVISIONS

   1. Principal powers

      1. 8. Power to construct and maintain works

      2. 9. Station works at Huddersfield

      3. 10. Station works at Deighton

      4. 11. Station works at Mirfield

      5. 12. Power to deviate

   2. Streets

      1. 13. Power to execute street works

      2. 14. Stopping up of streets

      3. 15. Power to alter layout etc. of streets

      4. 16. Temporary stopping up of streets

      5. 17. Access to works

      6. 18. Construction and maintenance of new or altered streets

      7. 19. Construction of bridges

      8. 20. Agreements with street authorities

   3. Accommodation Crossings

      1. 21. Accommodation crossings

   4. Supplemental powers

      1. 22. Discharge of water

      2. 23. Protective works to buildings, roads and apparatus of a statutory undertaker

      3. 24. Power to survey and investigate land

      4. 25. Temporary closure of, and works in the Huddersfield Broad Canal and the Calder and Hebble Navigation

4. PART 3 ACQUISITION AND POSSESSION OF LAND

   1. Powers of acquisition

      1. 26. Power to acquire land

      2. 27. Application of Part 1 of the 1965 Act

      3. 28. Application of the Compulsory Purchase (Vesting Declarations) Act 1981

      4. 29. Power to acquire new rights

      5. 30. Power to acquire ground anchor rights

      6. 31. Power to acquire subsoil and imposition of restrictive covenants

      7. 32. Power to acquire subsoil or airspace only

      8. 33. Rights under or over streets

      9. Temporary Possession of Land

         1. 34. Temporary use of land for construction of works

         2. 35. Temporary use of land for maintenance of works

         3. 36. Temporary use of land for access

      10. Compensation

          1. 37. Disregard of certain interests and improvements

          2. 38. Set-off for enhancement in value of retained land

      11. Supplementary

          1. 39. Extinction or suspension of private rights of way

          2. 40. Time limit for exercise of powers of acquisition

5. PART 4 MISCELLANEOUS AND GENERAL

   1. 41. Defence to proceedings in respect of statutory nuisance

   2. 42. Planning permission

   3. 43. Power to lop trees overhanging the authorised works

   4. 44. Open space and exchange land

   5. 45. Open space land

   6. 46. Power to operate and use railway

   7. 47. Disapplication of the 1887 Agreement

   8. 48. Obstruction of construction of authorised works

   9. 49. Traffic regulation

   10. 50. Traffic signs

   11. 51. Disclosure of confidential information

   12. 52. Statutory undertakers etc.

   13. 53. Protection of interests

   14. 54. Certification of plans etc.

   15. 55. Service of notices

   16. 56. No double recovery

   17. 57. Arbitration

6. Signature

7. SCHEDULES

   1. SCHEDULE 1

      SCHEDULED WORKS

   2. SCHEDULE 2

      ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS

   3. SCHEDULE 3

      STREETS SUBJECT TO STREET WORKS

   4. SCHEDULE 4

      STREETS TO BE STOPPED UP

      1. PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

   5. SCHEDULE 5

      STREETS SUBJECT TO ALTERATION OF LAYOUT

   6. SCHEDULE 6

      STREETS TO BE TEMPORARILY STOPPED UP

   7. SCHEDULE 7

      ACCESS TO WORKS

   8. SCHEDULE 8

      ACCOMMODATION CROSSINGS

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

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

   9. SCHEDULE 9

      LAND SUBJECT TO IMPOSITION OF RESTRICTIVE COVENANTS

   10. SCHEDULE 10

       ACQUISITION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS ONLY

   11. SCHEDULE 11

       IMPOSITION OF RESTRICTIVE COVENANTS ONLY

   12. SCHEDULE 12

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

       1. Compensation enactments

          1. 1. The enactments for the time being in force with respect...

          2. 2. (1) —Without limitation on the scope of paragraph 1, the...

          3. 3. (1) Without limitation on the scope of paragraph 1, the...

       2. Application of Part 1 of the 1965 Act

          1. 4. Part 1 (compulsory purchase under Acquisition of Land Act 1946)...

          2. 5. (1) The modifications referred to in paragraph 4(a) are as...

   13. SCHEDULE 13

       POWER TO ACQUIRE GROUND ANCHOR RIGHTS

   14. SCHEDULE 14

       ACQUISITION OF SUBSOIL

   15. SCHEDULE 15

       LAND OF WHICH ONLY SUBSOIL MAY BE ACQUIRED

   16. SCHEDULE 16

       LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

   17. SCHEDULE 17

       TEMPORARY USE OF LAND FOR ACCESS

   18. SCHEDULE 18

       PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

       1. Apparatus of statutory undertakers etc. on land acquired

          1. 1. (1) Sections 271 to 274 (extinguishment of rights of statutory...

       2. Apparatus of statutory undertakers etc. in stopped up streets

          1. 2. (1) Where a street is stopped up under article 14...

       3. Railway and navigation undertakings

          1. 3. (1) Subject to the following provisions of this paragraph, the...

   19. SCHEDULE 19

       PROTECTIVE PROVISIONS

       1. PART 1 FOR THE PROTECTION OF SPECIFIED UNDERTAKERS

          1. 1. For the protection of the undertakers referred to in this...

          2. 2. The provisions of paragraph 1 of Schedule 18 (provisions relating...

          3. 3. This Part of this Schedule does not apply to apparatus...

          4. 4. In this Part of this Schedule— “alternative apparatus” means alternative...

          5. 5. Without affecting any provision in this Order or anything shown...

          6. 6. (1) If, in the exercise of the powers conferred by...

          7. 7. (1) Where, in accordance with the provisions of this Part...

          8. 8. (1) Not less than 28 days before starting the execution...

          9. 9. If in consequence of the exercise of the powers conferred...

          10. 10. (1) Subject to the following provisions of this paragraph, Network...

          11. 11. (1) Subject to sub-paragraphs (2) and (3), if by reason...

          12. 12. Nothing in this Part of this Schedule affects the provision...

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

          1. 13. (1) For the protection of any operator, the following provisions...

          2. 14. (1) Subject to sub-paragraphs (2) to (4), if as the...

          3. 15. This Part of this Schedule does not apply to—

          4. 16. Nothing in this Part of this Schedule affects the provisions...

       3. PART 3 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

          1. 17. (1) The following provisions of this Part of this Schedule...

          2. 18. (1) Before beginning to construct any specified work, Network Rail...

          3. 19. Without limitation on the scope of paragraph 18, the requirements...

          4. 20. (1) Subject to sub-paragraph (2), any specified work, and all...

          5. 21. (1) Subject to sub-paragraph (5) Network Rail must from the...

          6. 22. Subject to paragraph 24, if by reason of the construction...

          7. 23. (1) Network Rail must take all such measures as may...

          8. 24. Nothing in paragraphs 20(4), 21(3), 22, 23(3) and 23(4) authorises...

          9. 25. If by reason of the construction of any specified work...

          10. 26. Network Rail must indemnify the Agency in respect of all...

          11. 27. (1) Without affecting the other provisions of this Part of...

          12. 28. The fact that any work or thing has been executed...

          13. 29. Any dispute arising between Network Rail and the Agency under...

       4. PART 4 FOR THE PROTECTION OF LEAD LOCAL FLOOD AUTHORITIES

          1. 30. (1) The following provisions of this Part of this Schedule...

          2. 31. (1) Before beginning to construct any specified work, Network Rail...

          3. 32. Without limitation on the scope of paragraph 31, the requirements...

          4. 33. (1) Subject to sub-paragraph (2), any specified work, and all...

          5. 34. (1) Subject to sub-paragraph (3) Network Rail must from the...

          6. 35. If by reason of the construction of any specified work...

          7. 36. Network Rail must pay all costs, charges and expenses which...

          8. 37. The fact that any work or thing has been executed...

          9. 38. Any dispute arising between Network Rail and the lead local...

       5. PART 5 FOR THE PROTECTION OF THE TRUST

          1. 39. (1) The following provisions of this Schedule, unless otherwise agreed...

          2. 40. Network Rail must not under the powers conferred by this...

          3. 41. (1) Network Rail must not in the exercise of the...

          4. 42. Network Rail must not use any land or property of...

          5. 43. If in consequence of or in connection with the exercise...

          6. 44. Where so required by the engineer Network Rail must, to...

          7. 45. (1) Before the commencement of the initial construction of any...

          8. 46. (1) Network Rail must, before commencing construction of any specified...

          9. 47. Without affecting its obligations under the provisions of this Part...

          10. 48. Network Rail must give to the engineer 56 days’ notice...

          11. 49. Network Rail must provide and maintain at its own expense...

          12. 50. Any specified works must, when commenced, be constructed―

          13. 51. (1) Any pile, stump or other obstruction which becomes exposed...

          14. 52. Network Rail must not in the course of constructing any...

          15. 53. (1) Network Rail must at all times on being given...

          16. 54. (1) If during the construction of a specified work or...

          17. 55. (1) Network Rail must, upon completion of any part of...

          18. 56. If at any time after the completion of a specified...

          19. 57. Any additional expenses which the Trust may reasonably incur in...

          20. 58. Network Rail must repay to the Trust all fees, costs,...

          21. 59. (1) If any detriment is caused by the construction or...

          22. 60. Where under any provision of this Part of this Schedule...

          23. 61. Except as provided by this Order, nothing in this Order...

          24. 62. Any difference arising between Network Rail and the Trust under...

          25. 63. Nothing in this Part of the Schedule affects the provision...

8. Explanatory Note