Power to construct and maintain works
6.—(1) Network Rail may construct and maintain the scheduled works.
(2) Subject to article 7 (power to deviate) the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
(3) Subject to paragraph (5), Network Rail may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely—
(a)electrical equipment, signalling and permanent way works;
(b)ramps, means of access and footpaths, bridleways and cycle tracks;
(c)embankments, cuttings, aprons, abutments, retaining walls, wing walls and culverts;
(d)works to install or alter the position of apparatus, including mains, sewers, drains and cables;
(e)works to alter or remove any structure erected upon any highway or adjoining land; and
(f)works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse;
(4) Subject to paragraph (5), Network Rail may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised works.
(5) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on—
(a)land specified in columns (1) and (2) of Schedule 2 (acquisition of land for ancillary works) for the purposes specified in column (3) of that Schedule;
(b)land specified in columns (1) and (2) of Schedule 3 (land in which only new rights etc. may be acquired) for the purposes specified in column (3) of that Schedule; or
(c)land specified in columns (1) and (2) of Schedule 4 (land of which temporary possession may be taken) for the purposes specified in column (3) of that Schedule relating to the authorised works specified in column (4) of that Schedule.
(6) Network Rail may, within the Order limits—
(a)carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance and operation of the authorised works (other than works authorised by this paragraph); and
(b)carry out and maintain works for the benefit or protection of land affected by the authorised works (other than works authorised by this paragraph).