The Network Rail (Redditch Branch Enhancement) Order 2013

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Incorporation of the Railway Clauses Acts

  3. PART 2

    1. 4.Development consent etc. granted by the Order

    2. 5.Maintenance of authorised development

    3. 6.Limits of deviation

    4. 7.Benefit of Order

  4. PART 3

    1. 8.Street works

    2. 9.Public rights of way

    3. 10.Application of the 1991 Act

    4. 11.Access to works

    5. 12.Agreements with street authorities

  5. PART 4

    1. 13.Discharge of water

    2. 14.Authority to survey and investigate land

  6. PART 5

    1. 15.Compulsory acquisition of land

    2. 16.Time limit for exercise of authority to acquire land compulsorily

    3. 17.Compulsory acquisition of rights

    4. 18.Private rights

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

    6. 20.Acquisition of subsoil or airspace only

    7. 21.Acquisition of part of certain properties

    8. 22.Rights under or over streets

    9. 23.Temporary use of land for carrying out the authorised development

    10. 24.Temporary use of land for maintaining authorised development

    11. 25.Statutory undertakers and electronic communications code network operators

    12. 26.Recovery of costs of new connections

  7. PART 6

    1. 27.Operation and use of railways

    2. 28.Felling or lopping of trees

  8. PART 7

    1. 29.Operational land for purposes of the 1990 Act

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

    3. 31.Traffic regulation

    4. 32.Application of the Land Compensation Act 1973

    5. 33.Certification of plans, etc.

    6. 34.Service of notices

    7. 35.Arbitration

    8. 36.Procedure in relation to further approvals, etc., other than under Part 2 of Schedule 1

    9. 37.Further provisions, as to approvals, etc, under Part 2 of Schedule 1

    10. 38.Protective provisions

    11. 39.Saving for regulated rights, etc.

  9. Signature

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT AND REQUIREMENTS

      1. PART 1 AUTHORISED DEVELOPMENT

        1. In the county of Worcestershire, district of Bromsgrove

      2. PART 2 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Development in accordance with approved details

        4. 4.Construction Environmental Management Plan

        5. 5.Landscaping

        6. 6.Implementation and maintenance of landscaping

        7. 7.Re-use of excavated materials

        8. 8.Highway accesses

        9. 9.Car parking at Alvechurch station

        10. 10.Archaeology

        11. 11.Ecological Management

        12. 12.Mitigation of effects on protected species

        13. 13.Trees

        14. 14.Trees – removal of crowns and other alterations

        15. 15.Temporary fencing

        16. 16.Drainage

        17. 17.Contaminated land and groundwater

        18. 18.Footpath diversions – implementation plan

        19. 19.Requirement for written approval

    2. SCHEDULE 2

      STREETS SUBJECT TO STREET WORKS

    3. SCHEDULE 3

      FOOTPATHS TO BE STOPPED UP

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

      2. PART 2 FOOTPATH FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

    4. SCHEDULE 4

      FOOTPATHS TO BE TEMPORARILY SUSPENDED

      1. PART 1 FOOTPATHS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED DURING SUSPENSION

      2. PART 2 FOOTPATHS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED DURING SUSPENSION

    5. SCHEDULE 5

      ACCESS TO WORKS

    6. SCHEDULE 6

      LAND IN WHICH ONLY NEW RIGHTS, ETC., MAY BE ACQUIRED

    7. SCHEDULE 7

      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...

      2. Application of the 1965 Act

        1. 3.(1) The 1965 Act has effect with the modifications necessary...

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

        3. 5.(1) For section 8 of the 1965 Act (provisions as...

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

        5. 7.(1) Section 11 of the 1965 Act (powers of entry)...

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

        7. 9.Section 22 of the 1965 Act (interests omitted from purchase)...

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    9. SCHEDULE 9

      TRAFFIC REGULATION

    10. SCHEDULE 10

      PROTECTIVE PROVISIONS

      1. PART 1 PROTECTION FOR ELECTRICITY, GAS, WATER, PETROLEUM AND SEWERAGE UNDERTAKERS

        1. 1.For the protection of the undertakers referred to in this...

        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.Regardless of 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) Subject to the following provisions of this paragraph, Network...

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

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

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

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

        2. 12.The exercise of the powers of article 25 (statutory undertakers)...

        3. 13.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 14.This Part of this Schedule does not apply to—

        5. 15.Nothing in this Part of this Schedule affects the provisions...

      3. PART 3 PROTECTION FOR THE CANAL & RIVER TRUST

        1. Interpretation

          1. 16.(1) For the protection of CRT the following provisions of...

        2. Powers requiring CRT’s consent

          1. 17.(1) Network Rail must not in the exercise of the...

        3. Vehicles, plant and machinery

          1. 18.Network Rail must not use any land or property of...

        4. Fencing

          1. 19.Where so required by the engineer Network Rail must to...

        5. Survey of waterway

          1. 20.(1) Before the commencement of the initial construction of any...

        6. Approval of plans, protective works etc.

          1. 21.(1) Network Rail must before commencing construction of any specified...

        7. Design of works

          1. 22.Without affecting its obligations under the provisions of this Part...

        8. Notice of works

          1. 23.Network Rail must give to the engineer 30 days’ notice...

        9. Construction of specified works

          1. 24.(1) Any specified or protective works must, when commenced, be...

        10. Prevention of pollution

          1. 25.Network Rail must not in the course of constructing a...

        11. Access to work: provision of information

          1. 26.(1) Network Rail on being given reasonable notice must—

        12. Maintenance of works

          1. 27.If at any time after the completion of a specified...

        13. Repayment of CRT’s fees, etc.

          1. 28.Network Rail must repay to CRT all fees, costs, charges...

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

          1. 29.(1) If any detriment is caused by the construction or...

        15. Arbitration

          1. 30.Any difference arising between Network Rail and CRT under this...

  11. Explanatory Note