Power to construct and maintain worksE+W+S
5.—(1) Network Rail may construct and maintain the scheduled works.
(2) Subject to article 6 (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 construct and maintain within the Order limits such works as are required—
(a)to provide the public rights of way to the extent specified in column (4) of Part 1 of Schedule 2 (closure of level crossings);
(b)in connection with the extinguishment of the rights of way specified in column (3) in Parts 1 and 2 of Schedule 2;
(c)to provide the private rights of access to the extent specified in column (1) of Schedule 3 (land in which private rights of access may be acquired); and
(d)in connection with the redesignation of highways specified in columns (3) and (4) and to the extent specified in column (2) of Schedule 4 (redesignation of highways);
including—
(e)works to lay out footpaths, footways, bridleways and cycle tracks, including any surfacing, fencing, stiles, gates, signs, ramps, steps, other means of access, and mounting blocks;
(f)works or other operations, for the purposes of drainage and flood prevention, including embankments, including ground reprofiling and culverts;
(g)works or other operations to level or stabilise the condition of any land, including ground reprofiling and embankments;
(h)works to install or alter the position of apparatus, including mains, sewers, drains and cables;
(i)works in the highway including provision of benches and handrails, provision of alteration to or removal of lighting, bollards and other traffic restraint systems, signage and signalling and installation of road side equipment,
or other conveniences as may be necessary or expedient for the purposes of the provision of or extinguishment of the rights of way or redesignation of highways.
(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 scheduled works and authorised works described in paragraph (3).
(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 5 (land in which only new rights etc., may be acquired) for the purposes specified in column (3) of that Schedule; or
(b)land specified in columns (1) and (2) of Schedule 6 (land of which temporary possession may be taken) for the purposes specified in column (3) 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).
Commencement Information
I1Art. 5 in force at 30.6.2022, see art. 1