The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 No. 2512 xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 PRELIMINARY
1.Citation and commencement
2.Interpretation
3.Incorporation of Railways Clauses Acts
4.Application of the 1991 Act
PART 2 WORKS PROVISIONS
Principal powers
5.Power to construct and maintain works
6.Power to deviate
Streets
7.Power to execute street works
8.Stopping up of streets
9.Highways subject to redesignation
10.Temporary stopping up of streets
11.Traffic regulation
12.Access to works
13.Construction and maintenance of new or altered streets
14.Construction of bridges
15.Agreements with street authorities
Level crossings
16.Alterations to level crossings as a result of the authorised works
17.Provision of new level crossings in substitution for existing level crossings
18.Stopping up of level crossings
Supplemental powers
19.Discharge of water
20.Protective works to buildings
21.Power to survey and investigate land
PART 3 ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
22.Power to acquire land
23.Application of Part 1 of the Compulsory Purchase Act 1965
24.Application of the Compulsory Purchase (Vesting Declarations) Act 1981
25.Power to acquire new rights
26.Rights under or over streets
Temporary possession of land
27.Temporary use of land for construction of works
28.Temporary use of land for maintenance of works
Compensation
29.Disregard of certain interests and improvements
30.Set-off for enhancement in value of retained land
Supplementary
31.Acquisition of part of certain properties
32.Extinction or suspension of private rights of way
33.Time limit for exercise of powers of acquisition
PART 4 MISCELLANEOUS AND GENERAL
34.Planning permission and supplementary matters
35.Power to lop trees overhanging the authorised works
36.Power to operate and use railway
37.Power to transfer undertaking
38.Power to charge fares
39.Agreements with Network Rail
40.Proceedings in respect of statutory nuisance
41.Application of landlord and tenant law
42.Obstruction of construction of authorised works
43.Trespass
44.Disclosure of confidential information
45.Statutory undertakers, etc.
46.Protective provisions
47.As to application of certain railway enactments
48.Application of the Land Drainage Act 1991
49.Certification of plans, etc.
50.Service of notices
51.No double recovery
52.Arbitration
Signature
SCHEDULES
SCHEDULE 1
SCHEDULED WORKS
SCHEDULE 2
STREETS SUBJECT TO STREET WORKS
SCHEDULE 3
STREETS TO BE PERMANENTLY STOPPED UP
PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
PART 2 STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
SCHEDULE 4
STREETS TO BE TEMPORARILY STOPPED UP
SCHEDULE 5
ACCESS TO WORKS
SCHEDULE 6
MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
Compensation enactments
1.The enactments for the time being in force with respect...
2.(1) Without prejudice to the generality of paragraph 1, the...
Application of the 1965 Act
3.(1) The 1965 Act shall have effect with the modifications...
4.For section 7 of the 1965 Act (measure of compensation)...
5.For section 8 of the 1965 Act (provisions as to...
6.The following provisions of the 1965 Act (which state the...
7.Section 11 of the 1965 Act (powers of entry) shall...
8.Section 20 of the 1965 Act (protection for interests of...
9.Section 22 of the 1965 Act (protection of acquiring authority’s...
SCHEDULE 7
LEVEL CROSSINGS
PART 1 LEVEL CROSSINGS ALTERED AS A RESULT OF THE AUTHORISED WORKS
PART 2 NEW LEVEL CROSSINGS TO BE PROVIDED IN SUBSTITUTION FOR EXISTING LEVEL CROSSINGS
PART 3 LEVEL CROSSINGS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
SCHEDULE 8
LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 9
PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
Apparatus of statutory undertakers etc. on land acquired
1.(1) Sections 271 to 274 of the 1990 Act (power...
Apparatus of statutory undertakers etc. in stopped up streets
2.(1) Where a street is stopped up under article 8...
Railway and navigation undertakings
3.(1) Subject to the following provisions of this paragraph, the...
SCHEDULE 10
PROTECTIVE PROVISIONS
PART 1 PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
1.The following provisions of this Schedule shall have effect unless...
2.In this Part of this Schedule— “construction” includes execution, placing,...
3.(1) Where under this Schedule Network Rail is required to...
4.(1) The undertaker shall not exercise the powers conferred by...
5.(1) The undertaker shall before commencing construction of any specified...
6.(1) Any specified work and any protective works to be...
7.The undertaker shall— (a) at all times afford reasonable facilities...
8.Network Rail shall at all times afford reasonable facilities to...
9.(1) If during the construction of a specified work or...
10.The undertaker shall repay to Network Rail all reasonable fees,...
11.If at any time after the completion of a specified...
12.The undertaker shall not provide any illumination or illuminated sign...
13.Any additional expenses which Network Rail may reasonably incur in...
14.(1) The undertaker shall pay to Network Rail all reasonable...
15.Network Rail shall, on receipt of a request from the...
16.In the assessment of any sums payable to Network Rail...
17.The undertaker and Network Rail may, subject in the case...
PART 2 PROTECTION OF NATIONAL GRID GAS PLC
Interpretation
18.(1) In this Part of this Schedule— “alternative apparatus” means...
Temporarily stopped up streets, etc: maintenance of apparatus
19.(1) Notwithstanding the temporary stopping up or diversion of any...
Acquisition of apparatus
20.Notwithstanding anything in this Order or shown on the works...
Removal of apparatus: alternative apparatus
21.(1) If, in the exercise of the powers conferred by...
22.(1) Where, in accordance with the provisions of this Part...
Protection of apparatus
23.(1) Not less than 56 days before commencing the execution...
Stopped up highways: access to apparatus
24.Where, by reason of this Order, any part of any...
Repayment of expenses
25.(1) Subject to the following provisions of this paragraph, the...
Indemnity
26.(1) Subject to sub-paragraphs (2) and (3), if by reason...
Payment for redundant apparatus
27.(1) Where, by reason of the stopping up of any...
Existing enactments and agreements
28.Nothing in this Part of this Schedule shall affect the...
PART 3 PROTECTION OF CABLE AND WIRELESS PLC
29.(1) The provisions of this Part of this Schedule shall...
30.The temporary stopping up or diversion of any street under...
31.If C&W suffers damage by reason or in consequence of...
32.Nothing in this Order shall affect any right of a...
Explanatory Note