The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 WORKS PROVISION

   1. 3. Power to construct works

   2. 4. Power to deviate

   3. 5. Power to execute street works

   4. 6. Stopping up of streets

   5. 7. Temporary stopping up of streets

   6. 8. Access to works

   7. 9. Application of the 1991 Act

   8. 10. Maintenance of new or altered streets

   9. 11. Construction of bridges and aqueducts

   10. 12. Agreements with street authorities

   11. 13. Discharge of water

   12. 14. Power to abstract groundwater

   13. 15. Power to survey and investigate land

4. PART 3 ACQUISITION AND POSSESSION OF LAND

   1. 16. Power to acquire land

   2. 17. Application of Part 1 of the Compulsory Purchase Act 1965

   3. 18. Powers to acquire new rights

   4. 19. Temporary use of land for construction of works

   5. 20. Disregard of certain interests and improvements

   6. 21. Acquisition of part of certain properties

   7. 22. Extinction or suspension of private rights of way

   8. 23. Time limit for exercise of powers of acquisition

5. PART 4 REGULATION AND MANAGEMENT OF THE CANAL

   1. 24. Power to make byelaws

   2. 25. Operational powers

   3. 26. Limit of jurisdiction

   4. 27. Application of existing enactments

   5. 28. Agreements with British Waterways

   6. 29. Transfer of the Canal

6. PART 5 MISCELLANEOUS AND GENERAL

   1. 30. Disclosure of confidential information

   2. 31. Statutory undertakers, etc.

   3. 32. Protection of the Environment Agency

   4. 33. Certification of plans, etc.

   5. 34. Service of notices

   6. 35. Exclusion of double recovery

   7. 36. Arbitration

   8. 37. Consent and approvals

7. Signature

8. 1. SCHEDULE 1

      SCHEDULED WORKS

   2. SCHEDULE 2

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC

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

      2. 2. (1) Except as provided by this paragraph, where a street...

   3. SCHEDULE 3

      LAND ON WHICH WORKS OUTSIDE THE LIMITS OF DEVIATION MAY BE CARRIED OUT

   4. SCHEDULE 4

      STREETS SUBJECT TO STREET WORKS

   5. SCHEDULE 5

      STREETS TO BE PERMANENTLY STOPPED UP

   6. SCHEDULE 6

      STREETS TO BE TEMPORARILY STOPPED UP

   7. SCHEDULE 7

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW EASEMENTS AND RIGHTS

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

      2. 2. (1) For the purposes of this Order, the Land Compensation...

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

      4. 4. (1) For section 8 of the 1965 Act (provisions as...

      5. 5. Section 11 (powers of entry), section 12 (unauthorised entry) and...

   8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

   9. SCHEDULE 9

      TRANSFER OF CANAL TO BRITISH WATERWAYS BOARD

      1. 1. In this Schedule— “the Board’s legislation”, in relation to any...

      2. 2. In so far as anything done, or begun, under the...

   10. SCHEDULE 10

       PROVISIONS FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

       1. 1. The following provisions shall apply unless otherwise agreed in writing...

       2. 2. In this Schedule— “damage” includes scouring, erosion and environmental damage...

       3. 3. Before beginning to construct any specified work, the undertaker shall...

       4. 4. Any such specified work shall not be constructed except in...

       5. 5. Any approval of the Environment Agency required under paragraph 4—...

       6. 6. Where any approval required under paragraph 4 is refused, it...

       7. 7. The requirements which the Environment Agency may make as a...

       8. 8. Any specified work, and any protective works required by the...

       9. 9. The undertaker shall give to the Environment Agency not less...

       10. 10. If any part of the works comprising a structure in,...

       11. 11. Subject to paragraph 12, if within a reasonable period, being...

       12. 12. In the event of any dispute as to whether the...

       13. 13. The undertaker shall from the commencement of the construction of...

       14. 14. If any such work which the undertaker is liable to...

       15. 15. If, within a reasonable period, being not less than 28...

       16. 16. In the event of any dispute as to the reasonableness...

       17. 17. If, by reason of the construction of any specified work...

       18. 18. The undertaker shall take all such measures as may be...

       19. 19. If by reason of— (a) the construction of any specified...

       20. 20. If, within such time as may be reasonable for that...

       21. 21. In any case where immediate action by the Environment Agency...

       22. 22. The undertaker shall indemnify the Environmental Agency in respect of...

       23. 23. Without prejudice to the other provisions of this Schedule, the...

       24. 24. The Environment Agency shall give to the undertaker reasonable notice...

       25. 25. The fact that any work or thing has been executed...

       26. 26. Any dispute arising between the undertaker and the Environment Agency...

9. Explanatory Note