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The Network Rail (West Coast Main Line) Order 2004

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  1. Introductory Text

  2. PART I PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Incorporation of Railways Clauses Consolidation Act 1845

  3. PART II WORKS PROVISIONS

    1. Principal Powers

      1. 4.Power to construct and maintain certain works

      2. 5.Power to construct and maintain ancillary works

      3. 6.Power to deviate

    2. Level Crossings

      1. 7.Replacement of road level crossing

      2. 8.Replacement of footpath level crossings

      3. 9.Accommodation crossings

    3. Streets

      1. 10.Power to execute street works

      2. 11.Permanent stopping up of streets and extinguishment of rights

      3. 12.Temporary stopping up of streets

      4. 13.Temporary parking restrictions

      5. 14.Access to works

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

      7. 16.Construction of bridges and tunnels

      8. 17.Agreements with street authorities

    4. Supplemental powers

      1. 18.Temporary closure of part of Coventry Canal

      2. 19.Discharge of water

      3. 20.Protective works to buildings

      4. 21.Power to survey and investigate land

  4. PART III ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 22.Power to acquire land

      2. 23.Application of Part I of Compulsory Purchase Act 1965

      3. 24.Power to acquire new rights

      4. 25.Power to acquire subsoil only

      5. 26.Cases where powers of acquisition limited to soil nailing rights

      6. 27.Rights under streets

    2. Temporary possession of land

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

    3. Compensation

      1. 29.Disregard of certain interests and improvements

    4. Supplementary

      1. 30.Acquisition of part only of certain properties

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

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

  5. PART IV MISCELLANEOUS AND GENERAL

    1. Noise

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

    2. Miscellaneous and supplementary

      1. 34.Certain land to be treated as operational land

      2. 35.Maintenance of approved works etc.

      3. 36.Public open space and common land

      4. 37.Disclosure of confidential information

      5. 38.Saving for regulated rights etc.

      6. 39.Statutory undertakers etc.

      7. 40.Protective provisions

      8. 41.Certification of plans etc.

      9. 42.Service of notices

      10. 43.No double recovery

      11. 44.Arbitration

  6. Signature

  7. SCHEDULES

    1. SCHEDULE 1

      SCHEDULED WORKS

    2. SCHEDULE 2

      ADDITIONAL WORKS AND LANDS

    3. SCHEDULE 3

      REPLACEMENT OF ROAD LEVEL CROSSING

    4. SCHEDULE 4

      REPLACEMENT OF FOOTPATH LEVEL CROSSINGS

    5. SCHEDULE 5

      STREETS SUBJECT TO STREET WORKS

    6. SCHEDULE 6

      STREETS TO BE PERMANENTLY STOPPED UP

      1. PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

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

    7. SCHEDULE 7

      STREETS TO BE TEMPORARILY STOPPED UP

    8. SCHEDULE 8

      ACCESS TO WORKS

    9. SCHEDULE 9

      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 prejudice to the generality of paragraph 1, the...

      2. Adaptation of the 1965 Act

        1. 3.(1) The 1965 Act shall have effect with the modifications...

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

        3. 5.For section 8 of the 1965 Act (which relates to...

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

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

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

        7. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

    10. SCHEDULE 10

      LAND IN RESPECT OF WHICH SOIL NAILING RIGHTS MAY BE ACQUIRED

    11. SCHEDULE 11

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN OR USE MADE

    12. SCHEDULE 12

      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...

    13. SCHEDULE 13

      PROTECTIVE PROVISIONS

      1. PART I PROTECTION FOR ELECTRICITY, GAS AND WATER UNDERTAKERS

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

        2. 2.Notwithstanding the temporary stopping up or diversion of any highway...

        3. 3.(1) Network Rail, in the case of the powers conferred...

        4. 4.Notwithstanding anything in this Order or shown on the deposited...

        5. 5.(1) If Network Rail, in the exercise of the powers...

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

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

        8. 8.Where, by reason of this Order, any part of any...

        9. 9.(1) Subject to the following provisions of this paragraph, Network...

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

        11. 11.(1) Where, by reason of the stopping up of any...

        12. 12.Any difference arising between Network Rail and an undertaker under...

        13. 13.Nothing in this Part of this Schedule shall affect the...

      2. PART II PROTECTION FOR OPERATORS OF AN ELECTRONIC COMMUNICATIONS CODE NETWORK

        1. 14.For the protection of any operator of an electronic communications...

        2. 15.The temporary stopping up or diversion of any highway under...

        3. 16.(1) Subject to sub-paragraphs (2) to (4), if by reason...

        4. 17.Any difference arising between Network Rail and the operator under...

      3. PART III PROTECTION FOR SEWERAGE UNDERTAKERS

        1. 18.(1) For the protection of sewerage undertakers the following provisions...

        2. 19.(1) Before commencing the construction or renewal of any specified...

        3. 20.(1) The specified work shall be constructed and in the...

        4. 21.(1) Subject to the following provisions of this Part of...

        5. 22.(1) An officer of the undertaker duly appointed for the...

        6. 23.(1) Notwithstanding the temporary stopping up or diversion of any...

        7. 24.Network Rail shall, so far as is reasonably practicable, so...

        8. 25.As soon as reasonably practicable after the completion of the...

        9. 26.Nothing in this Part of this Schedule shall affect the...

        10. 27.Any difference arising between Network Rail and the undertaker under...

      4. PART IV PROTECTION FOR LAND DRAINAGE, FLOOD DEFENCE, WATER RESOURCES AND FISHERIES

        1. 28.(1) The following provisions shall apply for the protection of...

        2. 29.(1) Before beginning to constuct any specified work, Network Rail...

        3. 30.Without prejudice to the generality of paragraph 29, the requirements...

        4. 31.(1) Subject to sub-paragraph (2), any specified work, and all...

        5. 32.(1) Subject to the provisions of this Part of this...

        6. 33.Subject to paragraph 35, if by reason of the construction...

        7. 34.(1) Network Rail shall take all such measures as may...

        8. 35.Nothing in paragraphs 31 to 34 shall authorise the Agency...

        9. 36.Network Rail shall indemnify the Agency in respect of all...

        10. 37.(1) Without prejudice to the other provisions of this Part...

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

        12. 39.For the purposes of section 5 of the Metropolis Management...

        13. 40.Any dispute arising between Network Rail and the Agency under...

      5. PART V PROTECTION FOR BRITISH WATERWAYS BOARD

        1. 41.(1) For the protection of BW the following provisions shall,...

        2. Interpretation

        3. Powers requiring BW’s consent

          1. 42.(1) Network Rail shall not in the exercise of the...

        4. Vehicles, plant and machinery

          1. 43.Network Rail shall not use any land or property of...

        5. Closure of towing paths etc.

          1. 44.If in consequence of or in connection with the exercise...

        6. Fencing

          1. 45.Where so required by the engineer Network Rail shall to...

        7. Approval of plans, protective works, etc.

          1. 46.(1) Network Rail shall before commencing construction of any specified...

        8. Notice of works

          1. 47.Network Rail shall give to the engineer 56 days' notice...

        9. Lighting

          1. 48.Network Rail shall provide and maintain at its own expense...

        10. Construction of specified work

          1. 49.(1) Any specified work shall, when commenced, be constructed—

        11. Prevention of pollution

          1. 50.Network Rail shall not in the course of constructing any...

        12. Access to work: provision of information

          1. 51.(1) Network Rail shall at all times on being given...

        13. Repayment of BW’s fees, etc.

          1. 52.Network Rail shall repay to BW all fees, costs, charges...

        14. Making good of detriment: compensation and indemnity, etc.

          1. 53.(1) If any detriment shall be caused by the construction...

        15. Arbitration

          1. 54.Any difference arising between Network Rail and BW under this...

  8. Explanatory Note

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