The Network Rail (Tinsley Chord) Order 2015

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Incorporation of the Railways Clauses Act in relation to the authorised tramroad

   4. 4. Application of the 1988 Act and repeals

3. PART 2 WORKS PROVISIONS

   1. Principal powers

      1. 5. Power to construct and maintain works

      2. 6. Power to deviate

   2. Supplemental powers

      1. 7. Accommodation crossing

      2. 8. Discharge of water

      3. 9. Works to protect buildings, roads and apparatus of a statutory undertaker and the operation of the authorised works

      4. 10. Power to survey and investigate land

      5. 11. Mode of construction and operation of authorised tramroad

      6. 12. Obstruction of construction of authorised works

4. PART 3 ACQUISITION AND POSSESSION OF LAND

   1. Powers of acquisition

      1. 13. Power to acquire land

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

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

      4. 16. Power to acquire new rights

      5. 17. New rights etc. only to be acquired in certain land

   2. Temporary possession of land

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

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

   3. Compensation

      1. 20. Disregard of certain interests and improvements

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

   4. Supplementary

      1. 22. Acquisition of part of certain properties

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

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

5. PART 4 OPERATION OF THE AUTHORISED TRAMROAD

   1. 25. Planning permission

   2. 26. Power to lop trees overhanging the authorised works

   3. 27. Power to operate and use the authorised tramroad

   4. 28. Power to charge fares

   5. 29. Removal of obstructions

   6. 30. Tramcars deemed public service vehicles

6. PART 5 MISCELLANEOUS AND GENERAL

   1. 31. Application of landlord and tenant law

   2. 32. Trespass

   3. 33. Power to contract for police services

   4. 34. Application of general provisions of 1988 Act and 1989 Act

   5. 35. Disclosure of confidential information

   6. 36. Defence in respect of statutory nuisance

   7. 37. Statutory undertakers

   8. 38. For the protection of the Environment Agency

   9. 39. For the protection of electricity, gas, water and sewerage undertakers

   10. 40. Certification of plans etc.

   11. 41. Service of notices

   12. 42. No double recovery

   13. 43. Arbitration

7. Signature

8. SCHEDULES

   1. SCHEDULE 1

      SCHEDULED WORKS

   2. SCHEDULE 2

      ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS

   3. SCHEDULE 3

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

   4. SCHEDULE 4

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

      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 (measure of compensation in case of severance)...

         3. 5. For section 8 (other provisions as to divided land) of...

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

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

         6. 8. Section 20 (protection for interests of tenants at will etc.)...

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

   5. SCHEDULE 5

      ACCOMMODATION CROSSING

   6. SCHEDULE 6

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

   7. SCHEDULE 7

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS

      1. Apparatus of statutory undertakers etc. on land acquired

         1. 1. In this Schedule— “public communications provider” has the same meaning...

         2. 2. Sections 271 to 274 (extinguishment of rights of statutory undertakers...

         3. 3. In the provisions of the 1990 Act, as applied by...

         4. 4. Where any apparatus of public utility promoters or of a...

         5. 5. Paragraph 4 does not apply in the case of the...

   8. SCHEDULE 8

      FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

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

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

      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 promoter 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 promoter must indemnify the Agency in respect of all...

      10. 10. (1) Without affecting the other provisions of this Part of...

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

      12. 12. For the purposes of Chapter 2 (abstraction and impounding of...

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

   9. SCHEDULE 9

      FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

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

      2. 2. The provisions of paragraph 1 of Schedule 7 (provisions relating...

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

      4. 4. Regardless of any provision in this Order or anything shown...

      5. 5. (1) If, in the exercise of the powers conferred by...

      6. 6. (1) Where, in accordance with the provisions of this Schedule,...

      7. 7. (1) Not less than 28 days before starting the execution...

      8. 8. (1) Subject to the following provisions of this paragraph, the...

      9. 9. (1) Subject to sub-paragraphs (2) and (3), if by reason...

      10. 10. Nothing in this Schedule affects the provisions of any enactment...

9. Explanatory Note