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The Ipswich Barrier Order 2012

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. Principal powers

      1. 3.Power to construct and maintain works

      2. 4.Power to deviate

    2. Streets and rights of way

      1. 5.Power to execute street works

      2. 6.Extinguishment and diversion of rights of way

      3. 7.Temporary stopping up of streets

    3. Supplementary powers and provisions

      1. 8.Power to dredge etc.

      2. 9.River not to be a reservoir

      3. 10.Agreements with owners of land and others for construction of works

      4. 11.Temporary closing of river in connection with works

      5. 12.Diversion of flow of water

      6. 13.Power to take, pump, impound and discharge water

      7. 14.Application of docks legislation

  4. PART 3

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

    2. 16.Lights on tidal works during construction

    3. 17.Provisions against danger to navigation

    4. 18.Abatement of works abandoned or decayed

    5. 19.Survey of tidal works

    6. 20.Permanent lights on tidal works

  5. PART 4

    1. Powers of acquisition

      1. 21.Power to acquire land

      2. 22.Application of Part 1 of the Compulsory Purchase Act 1965

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

      4. 24.Power to acquire new rights

      5. 25.Power to acquire subsoil only

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

    2. Temporary possession of land

      1. 27.Temporary possession of land for construction purposes

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

    3. Compensation

      1. 29.Disregard of certain interests and improvements

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

    4. Supplementary

      1. 31.Acquisition of part of certain properties

      2. 32.Extinction or suspension of private rights of way etc. over land

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

  6. PART 5 ETC.

    1. 34.Power to operate scheduled works

    2. 35.Misuse of scheduled works, etc.

    3. Navigation

      1. 36.Navigation etc. in vicinity of barrier

      2. 37.Removal of vessels

      3. 38.Arbitration in respect of removal of vessels

      4. 39.Removal of obstructions other than vessels

      5. 40.Arbitration in respect of removal of obstructions other than vessels

      6. 41.Emergency powers and consents

    4. Byelaws

      1. 42.Byelaws

  7. PART 6

    1. 43.Protection of certain persons

    2. 44.Protection of A.B. Ports

    3. 45.Protection of Network Rail

    4. 46.Saving for Trinity House

    5. 47.Crown rights

    6. 48.Minerals

  8. PART 7

    1. 49.Power to transfer undertaking

    2. 50.Obstructing execution of Order

    3. 51.Defence of due diligence

    4. 52.Defence to proceedings in respect of statutory nuisance

    5. 53.Certification of plans etc.

    6. 54.Arbitration

    7. 55.No double recovery

    8. 56.Service of notices

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      DESCRIPTION OF THE SCHEDULED WORKS

    2. SCHEDULE 2

      DIVERSION OF POSSIBLE RIGHTS OF WAY

      1. PART 1 SUBSTITUTED WAYS FOR ALLEGED RIGHTS OF WAY IF SUCH RIGHTS ARE ESTABLISHED

      2. PART 2 PATHS TO BE TEMPORARILY STOPPED UP

    3. SCHEDULE 3

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      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) The 1965 Act has effect with the modifications necessary...

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

      5. 5.For section 8 of the 1965 Act (provisions as to...

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

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

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

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

    4. SCHEDULE 4

      ACQUISITION OF NEW RIGHTS ONLY

    5. SCHEDULE 5

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    6. SCHEDULE 6

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

      1. Apparatus of statutory undertakers etc. on land acquired

        1. 1.Sections 271 to 274 of the planning Act (power to...

        2. 2.In the provisions of the planning 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 planning Act mentioned in paragraph 1,...

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

    7. SCHEDULE 7

      PROTECTION OF A.B. PORTS

      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 under the powers conferred by...

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

      5. 5.The Agency must give to A.B. Ports not less than...

      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 A.B. Ports the reasonable costs...

      10. 10.Without prejudice to the other provisions of this Schedule, the...

      11. 11.(1) The Agency must indemnify A.B. Ports from all claims,...

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

    8. SCHEDULE 8

      PROTECTION OF NETWORK RAIL

      1. 1.The following provisions of this Schedule shall have effect, unless...

      2. 2.In this Schedule— “construction” includes execution, placing, alteration and reconstruction...

      3. 3.(1) Where under this Schedule Network Rail is required to...

      4. 4.(1) The Agency shall not exercise the powers conferred by...

      5. 5.(1) The Agency shall before commencing construction of any specified...

      6. 6.(1) Any specified work and any protective works to he...

      7. 7.The Agency shall— (a) at all times afford reasonable facilities...

      8. 8.Network Rail shall at all times afford reasonable facilities to...

      9. 9.(1) If any permanent or temporary alterations or additions to...

      10. 10.The Agency shall repay to Network Rail all reasonable fees,...

      11. 11.If at any time after the completion of a specified...

      12. 12.The Agency shall not provide any illumination or illuminated sign...

      13. 13.Any additional expenses which Network Rail may reasonably incur in...

      14. 14.(1) The Agency shall pay to Network Rail all reasonable...

      15. 15.Network Rail shall, on receipt of a request from the...

      16. 16.In the assessment of any sums payable to Network Rail...

      17. 17.The Agency and Network Rail may, subject in the case...

      18. 18.Nothing in this Order, or in any enactment incorporated with...

      19. 19.The Agency shall give written notice to Network Rail if...

      20. 20.The Agency shall no later than 28 days from the...

  11. Explanatory Note

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