The Network Rail (Hope Valley Capacity) Order 2018

1. Introductory Text

2. PART 1

   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

3. PART 2

   1. Principal powers

      1. 6. Power to construct and maintain works

      2. 7. Power to deviate

   2. Streets

      1. 8. Power to execute street works

      2. 9. Temporary stopping up of streets

      3. 10. Access to works

      4. 11. Construction and maintenance of altered streets

      5. 12. Agreements with street authorities

      6. 13. Replacement and closure of footpath level crossing

   3. Supplemental powers

      1. 14. Discharge of water

      2. 15. Protective works to buildings

      3. 16. Power to survey and investigate land

4. PART 3

   1. Powers of acquisition

      1. 17. Power to acquire land

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

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

      4. 20. Power to acquire new rights

      5. 21. Cases where powers of acquisition limited to ground anchor rights

      6. 22. Power to acquire subsoil or airspace only

      7. 23. Rights under or over streets

   2. Temporary Possession of Land

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

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

   3. Compensation

      1. 26. Disregard of certain interests and improvements

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

   4. Supplementary

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

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

5. PART 4

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

   2. 31. Planning permission

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

   4. 33. Power to operate and use railway

   5. 34. Obstruction of construction of authorised works

   6. 35. Temporary traffic regulation

   7. 36. Traffic signs

   8. 37. Disclosure of confidential information

   9. 38. Statutory undertakers etc.

   10. 39. Protection of interests

   11. 40. Certification of plans etc.

   12. 41. Service of notices

   13. 42. No double recovery

   14. 43. Arbitration

6. Signature

7. 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 TEMPORARILY STOPPED UP

   5. SCHEDULE 5

      REPLACEMENT AND CLOSURE OF FOOTPATH CROSSING

   6. SCHEDULE 6

      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...

      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...

   7. SCHEDULE 7

      ACQUISITION OF NEW RIGHTS ONLY

   8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

   9. SCHEDULE 9

      TEMPORARY TRAFFIC REGULATION

      1. PART 1 NO WAITING, NO PARKING AND NO LOADING AT ANY TIME

      2. PART 2 SPEED RESTRICTIONS

   10. SCHEDULE 10

       PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

       1. Apparatus of statutory undertakers etc. on land acquired

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

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

          3. 3. Where any apparatus of public utility undertakers or of a...

          4. 4. Paragraph 3 does not apply in the case of the...

          5. 5. The provisions of the 1990 Act mentioned in paragraph 1,...

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

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

   11. SCHEDULE 11

       PROTECTIVE PROVISIONS

       1. PART 1 FOR THE PROTECTION OF SPECIFIED UNDERTAKERS

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

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

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

          4. 4. Without affecting 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 Part...

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

          8. 8. (1) If in consequence of the exercise of the powers...

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

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

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

          1. 11. (1) For the protection of any operator, the following provisions...

          2. 12. (1) Subject to sub-paragraphs (2) to (4), if as the...

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

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

       3. PART 3 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

          1. 15. (1) The following provisions of this Part of this Schedule...

          2. 16. (1) Before beginning to construct any specified work, Network Rail...

          3. 17. Without limitation on the scope of paragraph 16, the requirements...

          4. 18. (1) Subject to sub-paragraph (2), any specified work, and all...

          5. 19. (1) Subject to sub-paragraph (5) Network Rail must from the...

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

          7. 21. (1) Network Rail must take all such measures as may...

          8. 22. Nothing in paragraphs 18(4), 19(3), 20, 21(3) and (4) authorises...

          9. 23. Network Rail must indemnify the Agency in respect of all...

          10. 24. (1) Without affecting the other provisions of this Part of...

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

          12. 26. Any dispute arising between Network Rail and the Agency under...

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

          1. 27. (1) The following provisions of this Part of this Schedule...

          2. 28. (1) Before beginning to construct any specified work, Network Rail...

          3. 29. Without limitation on the scope of paragraph 28, the requirements...

          4. 30. (1) Subject to sub-paragraph (2), any specified work, and all...

          5. 31. (1) Subject to sub-paragraph (3) Network Rail must from the...

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

          7. 33. (1) Network Rail must pay all costs, charges and expenses...

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

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

8. Explanatory Note