The Boston Barrier Order 2017

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Application of 1991 Act

3. PART 2 WORKS PROVISIONS

   1. Principal powers

      1. 4. Power to construct and maintain works

      2. 5. Power to deviate

   2. Works and operations in the river

      1. 6. Power to dredge etc.

      2. 7. Works and dredging etc. in the river

      3. 8. River not to be a reservoir

   3. Streets and rights of way

      1. 9. Power to execute street works

      2. 10. Power to keep apparatus in streets

      3. 11. Power to alter layout, etc., of streets

      4. 12. Temporary stopping up and diversion of streets

      5. 13. Access to works

      6. 14. Agreements with street authorities

      7. 15. Use of private roads for construction

   4. Supplementary powers and provisions

      1. 16. Agreements with owners of land and others for construction of works

      2. 17. Temporary closing of river in connection with works

      3. 18. Diversion of flow of water

      4. 19. Power to take, pump, impound and discharge water

      5. 20. Water abstraction and impounding

      6. 21. Protective works

      7. 22. Planning permission

      8. 23. Power to survey and investigate land, etc.

      9. 24. Felling or lopping of trees

4. PART 3 PROVISIONS RELATING TO TIDAL WORKS

   1. 25. Tidal works not to be executed without approval of Secretary of State

   2. 26. Lights on tidal works during construction

   3. 27. Provisions against danger to navigation

   4. 28. Abatement of works abandoned or decayed

   5. 29. Survey of tidal works

   6. 30. Permanent lights on tidal works

5. PART 4 ACQUISITION AND POSSESSION OF LAND

   1. Powers of acquisition

      1. 31. Power to acquire land

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

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

      4. 34. Power to acquire new rights

      5. 35. Power to acquire subsoil only

      6. 36. New rights only to be acquired in certain lands

      7. 37. Rights under or over streets

   2. Temporary possession of land

      1. 38. Temporary possession of land for construction purposes

      2. 39. Temporary possession of land for maintenance of works

   3. Compensation

      1. 40. Disregard of certain interests and improvements

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

   4. Supplementary

      1. 42. Extinction or suspension of private rights of way etc. over land

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

6. PART 5 OPERATION OF SCHEDULED WORKS

   1. 44. Power to operate scheduled works

   2. 45. Misuse of scheduled works, etc.

   3. Navigation

      1. 46. Navigation etc. in vicinity of barrier

   4. Obstruction etc.

      1. 47. Removal of vessels

      2. 48. Arbitration in respect of removal of vessels

      3. 49. Removal of obstructions other than vessels

      4. 50. Arbitration in respect of removal of obstructions other than vessels

      5. 51. Emergency powers and consents

   5. Byelaws

      1. 52. Byelaws

7. PART 6 PROTECTIVE PROVISIONS

   1. 53. Statutory undertakers, etc.

   2. 54. Protective Provisions

   3. 55. Saving for Trinity House

   4. 56. Crown rights

   5. 57. Minerals

8. PART 7 MISCELLANEOUS AND GENERAL

   1. 58. Temporary traffic regulation

   2. 59. Power of disposal, agreements for operation, etc.

   3. 60. Obstructing execution of Order

   4. 61. Defence of due diligence

   5. 62. Application of landlord and tenant law

   6. 63. Defence to proceedings in respect of statutory nuisance

   7. 64. Disclosure of confidential information

   8. 65. Local legislation

   9. 66. Certification of plans etc.

   10. 67. Arbitration

   11. 68. No double recovery

   12. 69. Service of notices

9. Signature

10. SCHEDULES

    1. SCHEDULE 1

       SCHEDULED WORKS

    2. SCHEDULE 2

       STREETS TO BE TEMPORARILY STOPPED UP

    3. SCHEDULE 3

       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...

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

          4. 4. (1) The 1965 Act has effect with the modifications necessary...

          5. 5. For section 7 (measure of compensation in case of severance)...

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

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

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

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

          10. 10. For Schedule 2A of the 1965 Act substitute— SCHEDULE2A COUNTER-NOTICE...

    4. SCHEDULE 4

       ACQUISITION OF NEW RIGHTS ONLY

    5. SCHEDULE 5

       LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    6. SCHEDULE 6

       STATUTORY UNDERTAKERS, ETC.

       1. Apparatus of statutory undertakers etc. on land acquired

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

    7. SCHEDULE 7

       PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

       1. Interpretation

          1. 1. (1) The following provisions of this Schedule have effect unless...

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

       2. On-street apparatus

          1. 3. This Schedule does not apply to anything done or proposed...

       3. Acquisition of land

          1. 4. (1) Regardless of any provision in this Order or anything...

       4. Removal of apparatus

          1. 5. (1) If, for the purpose of executing any works in,...

       5. Facilities and rights for alternative apparatus

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

       6. Retained apparatus: protection and plan approval

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

       7. Expenses

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

       8. Indemnity

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

       9. Access

          1. 10. If in consequence of the exercise of the powers conferred...

       10. Cooperation

           1. 11. Where in consequence of the proposed construction of any of...

       11. Exercise of safeguarding and survey powers

           1. 12. (1) The Agency must, so far as is reasonably practicable,...

       12. Arbitration

           1. 13. Any difference arising between the Agency and a specified undertaker...

    8. SCHEDULE 8

       PROTECTION OF PORT OF BOSTON

       1. 1. The following provisions of this Schedule have effect unless otherwise...

       2. 2. In this Schedule— “accumulation” means any accumulation of silt or...

       3. 3. (1) The Agency must not exercise the powers conferred by...

       4. 4. (1) Before beginning any operations for the construction of any...

       5. 5. The Agency must give to the Harbour Authority not less...

       6. 6. The Agency must carry out all operations for the construction...

       7. 7. After the purpose of any temporary works has been accomplished...

       8. 8. (1) If— (a) during the construction of a tidal work...

       9. 9. The Agency must pay to the Harbour Authority the reasonable...

       10. 10. Without affecting the other provisions of this Schedule, the Agency...

       11. 11. (1) The Agency must indemnify the Harbour Authority from all...

       12. 12. Nothing in paragraph 11 imposes any liability on the Agency...

       13. 13. Save to the extent expressly provided for nothing in this...

    9. SCHEDULE 9

       AMENDMENT OF LOCAL LEGISLATION

       1. PART 1 LOCAL ENACTMENTS

       2. PART 2 BYELAWS

11. Explanatory Note