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The Chiltern Railways (Bicester to Oxford Improvements) Order 2012

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Incorporation of Railways Clauses Acts

    4. 4.Application of the 1991 Act

  3. PART 2

    1. Principal powers

      1. 5.Power to construct and maintain works

      2. 6.Power to deviate

    2. Streets

      1. 7.Power to keep apparatus in streets

      2. 8.Power to execute street works

      3. 9.Stopping up of streets

      4. 10.Temporary stopping up of streets

      5. 11.Access to works

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

      7. 13.Construction of bridges and tunnels

      8. 14.Agreements with street authorities

    3. Level Crossings

      1. 15.Replacement and closure of road level crossings

      2. 16.Replacement and closure of footpath level crossings

      3. 17.Accommodation crossings

    4. Supplemental powers

      1. 18.Temporary closure of part of Rewley Abbey Stream and Castle Mill Stream

      2. 19.Discharge of water

      3. 20.Protective works to buildings, roads or apparatus of a statutory undertaker

      4. 21.Power to survey and investigate land

  4. PART 3

    1. Powers of acquisition

      1. 22.Power to acquire land

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

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

      4. 25.Power to acquire new rights

      5. 26.Power to acquire airspace only

      6. 27.Cases where powers of acquisition limited to ground anchor rights

      7. 28.Rights under or over streets

    2. Temporary possession of land

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

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

    3. Supplemental provisions

      1. 31.Limitation of powers

    4. Compensation

      1. 32.Disregard of certain interests and improvements

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

    5. Supplementary

      1. 34.Acquisition of part of certain properties

      2. 35.Extinction or suspension of private rights of way

      3. 36.Time limit for exercise of powers of acquisition

  5. PART 4

    1. 37.Traffic regulation

    2. 38.Defence to proceedings in respect of statutory nuisance

    3. 39.Planning permission

    4. 40.Power to lop trees overhanging the authorised works

    5. 41.Open Space at Tubbs Lane

    6. 42.Power to operate and use railway

    7. 43.Power to transfer undertaking

    8. 44.Agreements with Network Rail

    9. 45.Application of landlord and tenant law

    10. 46.Obstruction of construction of authorised works

    11. 47.Trespass

    12. 48.Disclosure of confidential information

    13. 49.Statutory undertakers etc.

    14. 50.For the protection of specified undertakers

    15. 51.For the protection of the Environment Agency

    16. 52.For the protection of Network Rail

    17. 53.For the protection of the Canal & River Trust

    18. 54.Certification of plans etc.

    19. 55.Service of notices

    20. 56.No double recovery

    21. 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 STREET FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

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

    5. SCHEDULE 5

      STREETS TO BE TEMPORARILY STOPPED UP

    6. SCHEDULE 6

      ACCESS TO WORKS

    7. SCHEDULE 7

      REPLACEMENT AND CLOSURE OF ROAD LEVEL CROSSINGS

    8. SCHEDULE 8

      REPLACEMENT AND CLOSURE OF FOOTPATH LEVEL CROSSINGS

    9. SCHEDULE 9

      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

    10. SCHEDULE 10

      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...

      2. Application of the 1965 Act

        1. 3.(1) The 1965 Act has effect with the modifications necessary...

        2. 4.For section 7 of the 1965 Act (measure of compensation...

        3. 5.For section 8 of the 1965 Act (other provisions as...

        4. 6.The following provisions of the 1965 Act (which state the...

        5. 7.Section 11 of the 1965 Act (powers of entry) is...

        6. 8.Section 20 of the 1965 Act (protection for interests of...

        7. 9.Section 22 of the 1965 Act (interest omitted from purchase)...

    11. SCHEDULE 11

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    12. SCHEDULE 12

      TRAFFIC REGULATION

    13. SCHEDULE 13

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

      1. Apparatus of statutory undertakers etc. on land acquired

        1. 1.(1) Sections 271 to 274 of the 1990 Act (power...

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

        1. 2.(1) Where a street is stopped up under this Order...

      3. Railway and navigation undertakings

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

    14. SCHEDULE 14

      FOR THE PROTECTION OF SPECIFIED UNDERTAKERS

      1. 1.(1) For the protection of the undertakers referred to in...

      2. 2.In this Schedule— “alternative apparatus” means alternative apparatus adequate to...

      3. 3.This Schedule does not apply to apparatus in respect of...

      4. 4.(1) Where any street is stopped up under article 9...

      5. 5.Regardless of 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 Schedule,...

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

      9. 9.(1) If in consequence of the exercise of the powers...

      10. 10.(1) Subject to sub-paragraphs (2) and (3), if by reason...

    15. SCHEDULE 15

      FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

      1. 1.(1) For the protection of the Agency, the following provisions...

      2. 2.(1) Before beginning to construct any specified work, the Company...

      3. 3.Without limitation on the scope of paragraph 2, the requirements...

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

      5. 5.(1) Subject to the provisions of this Schedule and except...

      6. 6.Subject to paragraph 8, if by reason of the construction...

      7. 7.(1) The Company must take all such measures as may...

      8. 8.Nothing in paragraphs 4(4), 5(3), 6, 7(3) and (4) authorises...

      9. 9.The Company must indemnify the Agency in respect of all...

      10. 10.(1) Without prejudice to the other provisions of this Schedule,...

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

      12. 12.For the purposes of Chapter 2 of Part 2 of...

      13. 13.Any dispute arising between the Company and the Agency under...

    16. SCHEDULE 16

      FOR THE PROTECTION OF NETWORK RAIL

      1. 1.For the protection of Network Rail, the following provisions have...

      2. 2.In this Schedule— “construction” includes execution, placing, alteration and reconstruction...

      3. 3.(1) Where under this Schedule Network Rail is required to...

      4. 4.(1) The Company must not exercise the powers conferred by...

      5. 5.(1) The Company must before commencing construction of any specified...

      6. 6.(1) Any specified work and any protective works to be...

      7. 7.The Company must— (a) at all times afford reasonable facilities...

      8. 8.Network Rail must at all times afford reasonable facilities to...

      9. 9.(1) If any permanent or temporary alterations or additions to...

      10. 10.The Company must repay to Network Rail all fees, costs,...

      11. 11.If at any time after the completion of a specified...

      12. 12.Any additional expenses which Network Rail may reasonably incur in...

      13. 13.(1) The Company must pay to Network Rail all costs,...

      14. 14.Network Rail must, on receipt of a request from the...

      15. 15.In the assessment of any sums payable to Network Rail...

      16. 16.The Company must no later than 28 days from the...

    17. SCHEDULE 17

      FOR THE PROTECTION OF THE CANAL & RIVER TRUST

      1. 1.(1) For the protection of the Canal & River Trust,...

      2. 2.The Company must not under the powers conferred by article...

      3. 3.(1) Subject to sub-paragraph (2), the Company must not under...

      4. 4.Before beginning to construct any specified work, the Company must...

      5. 5.Any specified work must not be constructed except in accordance...

      6. 6.Any approval of the Trust required under paragraph 5 must...

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

      8. 8.The Company must give to the Trust not less than...

      9. 9.The Company must not— (a) temporarily close the canal; or...

      10. 10.The Company must not exercise the maintenance powers conferred by...

      11. 11.The Company must bear the reasonable costs of the carrying...

      12. 12.For the purposes of the surveys the Company—

      13. 13.The surveyor must provide copies of a report of the...

      14. 14.Where, in the reasonable opinion of the Trust, the surveys...

      15. 15.The Company must not deposit any polluting material on, in...

      16. 16.Any consent of the Trust required under paragraph 15 must...

      17. 17.In its application to the discharge of water into the...

      18. 18.If any canal work is abandoned, the Trust may by...

      19. 19.If any canal work is in such condition that it...

      20. 20.If— (a) a work which consists of a canal work...

      21. 21.If after such reasonable period as may be specified in...

      22. 22.The Company must indemnify the Trust from all claims, demands,...

      23. 23.The Trust must give to the Company reasonable notice of...

      24. 24.Nothing in paragraph 22 imposes any liability on the Company...

  8. Explanatory Note

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