The Network Rail (Werrington Grade Separation) Order 2018

PART 1PRELIMINARY

1Citation and Commencement

2Interpretation

3Incorporation of the Railway Clauses Acts

4Application of the 1991 Act

5Disapplication of legislative provisions

PART 2WORKS PROVISIONS

Principal powers

6Power to construct and maintain works

7Power to deviate

8Power to alter layout etc. of streets

9Power to execute street works

10Stopping up of streets

11Temporary stopping up of streets

12Construction and maintenance of new or altered streets

13Access to works

14Agreements with street authorities

15Construction of bridges

Supplemental powers

16Discharge of water

17Power to survey and investigate land

PART 3ACQUISITION AND POSSESSION OF LAND

Powers of Acquisition

18Power to acquire land

19Application of Part 1 of the 1965 Act

20Application of the 1981 Act

21Power to acquire new rights

22Power to acquire subsoil or air-space only

23Rights under or over streets

Temporary possession of land

24Temporary use of land for construction of works

25Temporary use of land for maintenance of works

26Disregard of certain interests and improvements

27Extinction or suspension of private rights of way

28Time limit for exercise of powers of acquisition

PART 4MISCELLANEOUS AND GENERAL

29Defence to proceedings in respect of statutory nuisance

30Power to lop trees overhanging the authorised works

31Power to operate and use railway

32Planning permission

33Obstruction of construction of authorised works

34Disclosure of confidential information

35Statutory undertakers etc.

36Certification of plans etc.

37Service of notices

38Protection of interests

39No double recovery

SCHEDULE 1SCHEDULED WORKS

SCHEDULE 2ACQUISITION OF LAND FOR ANCILLARY WORKS

SCHEDULE 3STREETS SUBJECT TO ALTERATION OF LAYOUT

SCHEDULE 4STREETS SUBJECT TO STREET WORKS

SCHEDULE 5STREETS TO BE STOPPED UP

PART 1STREETS TO BE STOPPED UP (FOR WHICH A SUBSTITUTE IS TO BE PROVIDED)

PART 2STREETS FOR WHICH NO SUBSTITUTE IS PROVIDED

SCHEDULE 6STREETS TO BE TEMPORARILY STOPPED UP

SCHEDULE 7ACCESS TO WORKS

SCHEDULE 8LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

SCHEDULE 9MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1The 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

4Part 1 of the 1965 Act, as applied by article...

5(1) The modifications referred to in paragraph 4(a) are as...

SCHEDULE 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

SCHEDULE 11PROVISIONS 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 10...

SCHEDULE 12PROTECTIVE PROVISIONS

PART 1FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

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

2The provisions of paragraph 1 of Schedule 11 (provisions relating...

3This Part of this Schedule does not apply to apparatus...

4In this Part of this Schedule— “alternative apparatus” means alternative...

Acquisition of apparatus

5Regardless of any provision in this Order or anything shown...

Alternative apparatus

6(1) If, in the exercise of the powers conferred by...

7(1) Where, in accordance with the provisions of this Part...

Existing apparatus: protection and access

8(1) Not less than 28 days before starting the execution...

Apparatus in stopped up Hurn Road and Lincoln Road

9Notwithstanding sub-paragraph (5) of article 10 (stopping up of streets),...

10(1) Subject to the following provisions of this paragraph, Network...

Damage to apparatus: costs, losses, etc.

11(1) Subject to sub-paragraphs (2) and (3), if by reason...

Enactments and agreements

12Nothing in this Part of this Schedule affects the provisions...

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

13(1) For the protection of any operator, the following provisions,...

14(1) Subject to sub-paragraphs (2) to (4), if as the...

15This Part of this Schedule does not apply to—

16Nothing in this Part of this Schedule affects the provisions...

PART 3FOR THE PROTECTION OF DRAINAGE AUTHORITIES AND THE ENVIRONMENT AGENCY

17(1) The following provisions of this Part of this Schedule...

18(1) Before beginning to construct any specified work, Network Rail...

19Without limitation on the scope of paragraph 18, the requirements...

20(1) Subject to sub-paragraph (2), any specified work, and all...

21(1) Subject to sub-paragraph (5) Network Rail must from the...

22Subject to paragraph 24, if by reason of the construction...

23(1) Network Rail must take all such measures as may...

24Nothing in paragraphs 20(4), 21(3), 22, 23(3) and (4) authorises...

25Network Rail must indemnify the drainage authority in respect of...

26(1) Without affecting the other provisions of this Part of...

27The fact that any work or thing has been executed...

28If by reason of construction of the specified work the...

2018 No. 923

Transport And Works, England

Transport, England

The Network Rail (Werrington Grade Separation) Order 2018

Made3rd August 2018

Coming into force24th August 2018

An application has been made to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20061 for an Order under sections 1, 3 and 5 of the Transport and Works Act 19922(“the 1992 Act”).

The Secretary of State has caused an inquiry to be held for the purposes of the application under section 11 of the 1992 Act.

The Secretary of State, having considered the objections made and not withdrawn, and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change in the proposals.

Notice of the Secretary of State’s determination was published in the London Gazette on 1st August 2018.

The Secretary of State, in exercise of the powers conferred by sections 1, 3 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11 and 16 of Schedule 1 to, the 1992 Act makes the following Order—