The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order is made under section 3 of the Transport and Works Act 1992 and authorises Leicestershire County Council (the Council) compulsorily to acquire land and construct works to restore to navigation a disused length of the Ashby de la Zouch Canal (the Ashby Canal). The length to be restored extends from the current terminus of the Ashby Canal near Snarestone to Measham in the District of North West Leicestershire.

The works to be carried out are set out in Schedule 1 to the Order.

Part 2 of the Order gives the Council powers to carry out the works set out in Schedule 1 (article 3) and to carry out works for ancillary purposes. It sets the limits by which the Council may deviate from the limits shown on the works plans and sections (article 4). It gives the Council powers to execute street works on streets specified in Schedule 4 to the Order (article 5). It allows the Council to stop up streets, either permanently or temporarily (articles 6 and 7) and provide access to the works (article 8). Details of the streets to be stopped up are contained in Schedules 5 and 6 to the Order. Article 9 applies a number of provisions of the New Roads and Street Works Act 1991 to street works carried out under the Order. Articles 10 and 11 contain provisions as to the maintenance of new and altered streets and the construction of bridges and aqueducts. Article 12 allows the Council to enter into agreements with the street authority for various purposes. There are also supplemental provisions regarding powers to discharge water, abstract groundwater, and survey and investigate land (articles 13, 14 and 15).

Part 3 of the Order contains powers for the Council to acquire land, easements and rights by compulsory purchase for the purposes of carrying out the works (articles 16 and 18) and gives rights to compensation by applying Part I of the Compulsory Purchase Act 1965 (article 17). It also gives the Council the power to create new rights (article 18(1)(b)). Schedule 7 applies the Land Compensation Act 1973 and the Compulsory Purchase Act 1965 with modifications in relation to a newly created right. Article 19 confers a power to take possession of land for the temporary construction of works and contains ancillary provisions. Schedule 8 to the Order specifies the land of which temporary possession may be taken by reference to the land plans and works plans and sets out the purpose for which it can be taken. Article 20 requires certain interests and improvements to be disregarded in certain circumstances for the purpose of assessing compensation. There are supplementary provisions, including provision for cases where the Council wishes to acquire only a part of land (article 21), for the extinction or suspension of private rights of way (article 22), and for a time limit for the Council to acquire land (article 23).

Part 4 of the Order gives the Council the power to make byelaws for the regulation and management of the restored canal (article 24). It also gives the Council powers to manage the canal and charge for its use (article 25), sets the jurisdictional limits of the canal as between the Council and British Waterways (article 26), and transfers to the undertaker from the British Waterways Board certain statutory rights, powers, privileges and obligations (article 27). Article 28 allows the Council and the British Waterways Board to enter into agreements regarding the management of the canal. Article 29 permits the Council to transfer the canal or any part of it to British Waterways, or, with the prior consent of the Secretary of State, to any other person. Schedule 9 sets out transitional provisions in relation to the transfer of the canal or any part of it to British Waterways.

Part 5 of the Order contains miscellaneous provisions, including provisions relating to the disclosure of confidential information (article 30), the service of notices (article 34), and the arbitration of disputes under the Order which do not fall to be determined by the Lands Tribunal (article 36). Schedules 2 and 10 both have effect under this Part of the Order (articles 31 and 32). Schedule 2 contains provisions for dealing with the apparatus of statutory undertakers on land acquired by the Council or in streets which the Council have stopped up. Schedule 10 contains provisions to protect the Environment Agency’s interests while the works are being carried out.

A copy of the works plans and land plans, the sections and the book of reference mentioned in this Order, and certified in accordance with article 33 of this Order, may be inspected free of charge between 09.30 and 16.30 on Mondays to Fridays at Leicestershire County Council, County Hall, Glenfield, Leicester, LE3 8RJ (Tel. [phone] or 0116 2657080).

A full regulatory impact has not been prepared in respect of this Order, as it has no impact on the costs of business.