The Network Rail (Buxton Sidings Extension) Order 2017 No. 1150 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
5.Disapplication of legislative provisions
PART 2 WORKS PROVISIONS
Principal powers
6.Power to construct and maintain works
7.Power to deviate
Streets
8.Power to execute street works
9.Stopping up of street
10.Temporary stopping up of streets
11.Access to works
12.Construction and maintenance of new or altered streets
13.Agreements with street authorities
14.Construction of bridges
Supplemental powers
15.Discharge of water
16.Protective works to buildings
17.Power to survey and investigate land
PART 3 ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
18.Power to acquire land
19.Application of Part 1 of the 1965 Act
20.Application of the Compulsory Purchase (Vesting Declarations) Act 1981
21.Power to acquire new rights
22.Power to acquire subsoil or airspace only
Temporary possession of land
23.Temporary use of land for construction of works
24.Temporary use of land for maintenance of works
Compensation
25.Disregard of certain interests and improvements
26.Set-off for enhancement in value of retained land
Supplementary
27.Extinction or suspension of private rights of way
28.Time limit for exercise of powers of acquisition
PART 4 MISCELLANEOUS AND GENERAL
29.Defence to proceedings in respect of statutory nuisance
30.Planning permission
31.Power to lop trees overhanging the authorised works
32.Power to operate and use railway
33.Obstruction of construction of authorised works
34.Temporary traffic regulation
35.Traffic signs
36.Disclosure of confidential information
37.Statutory undertakers etc.
38.Protection of interests
39.Certification of plans etc.
40.Service of notices
41.No double recovery
42.Arbitration
Signature
SCHEDULES
SCHEDULE 1
SCHEDULED WORKS
SCHEDULE 2
ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS
SCHEDULE 3
STREETS SUBJECT TO STREET WORKS
SCHEDULE 4
STREET TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
SCHEDULE 5
STREETS TO BE TEMPORARILY STOPPED UP
SCHEDULE 6
ACCESS TO WORKS
SCHEDULE 7
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 limitation on the scope of paragraph 1, the...
3.(1) Without limitation on the scope of paragraph 1, the...
Application of Part 1 of the 1965 Act
4.Part 1 (compulsory purchase under Acquisition of Land Act 1946)...
5.(1) The modifications referred to in paragraph 4(a) are as...
SCHEDULE 8
ACQUISITION OF NEW RIGHTS ONLY
SCHEDULE 9
LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 10
TEMPORARY TRAFFIC REGULATION
SCHEDULE 11
PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
Apparatus of statutory undertakers etc. on land acquired
1.(1) Sections 271 to 274 (extinguishment of rights of statutory...
Apparatus of statutory undertakers etc. in stopped up streets
2.(1) Where a street is stopped up under this Order...
3.Nothing in this Schedule affects the provisions of any enactment...
SCHEDULE 12
PROTECTIVE PROVISIONS
PART 1 FOR THE PROTECTION OF SPECIFIED UNDERTAKERS
1.(1) For the protection of the undertakers referred to in...
2.In this Part of this Schedule— “alternative apparatus” means alternative...
3.This Part of this Schedule does not apply to apparatus...
4.(1) Where any street is stopped up under article 9...
5.Without affecting any provision in this Order or anything shown...
6.(1) If, in the exercise of the powers conferred by...
7.(1) Where, in accordance with the provisions of this Part...
8.(1) Not less than 28 days before starting the execution...
9.(1) If in consequence of the exercise of the powers...
10.(1) Subject to sub-paragraphs (2) and (3), if by reason...
11.Nothing in this Part of this Schedule affects the provision...
PART 2 FOR THE PROTECTION OF LEAD LOCAL FLOOD AUTHORITIES
12.(1) The following provisions of this Part of this Schedule...
13.(1) Before beginning to construct any specified work, Network Rail...
14.Without limitation on the scope of paragraph 13, the requirements...
15.(1) Subject to sub-paragraph (2), any specified work, and all...
16.(1) Subject to sub-paragraph (3) Network Rail must from the...
17.If by reason of the construction of any specified work...
18.(1) Network Rail must pay all costs, charges and expenses...
19.The fact that any work or thing has been executed...
20.Any dispute arising between Network Rail and the lead local...
Explanatory Note