The Network Rail (Church Fenton Level Crossing Reduction) Order 2024
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
Level Crossings
8Accommodation crossings
9Power to execute street works
10Power to alter layout etc. of streets
11Temporary stopping up of streets
12Access to works
13Construction and maintenance of new or altered highways
14Construction of bridges
15Agreements with street authorities
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
22Rights under or over streets
Temporary possession of land
23Temporary use of land for construction of works
24Temporary use of land for maintenance of works
Compensation
25Disregard of certain interests and improvements
Supplementary
26Extinction or suspension of private rights of way
27Time limit for exercise of powers of acquisition
PART 4MISCELLANEOUS AND GENERAL
28Defence to proceedings in respect of statutory nuisance
29Planning Permission
30Power to lop trees overhanging the authorised works
31Obstruction of construction of authorised works
32Traffic regulation
33Traffic signs
34Disclosure of confidential information
35Statutory undertakers etc.
36Protection of interests
37Certification of plans etc.
38Service of notices
39No double recovery
40Arbitration
SCHEDULES
SCHEDULE 1SCHEDULED WORKS
SCHEDULE 2ACQUISITION OF LAND FOR ANCILLARY AND ASSOCIATED WORKS
PART 1ANCILLARY WORKS
PART 2ASSOCIATED WORKS
SCHEDULE 3ACQUISITION OF NEW RIGHTS ONLY
SCHEDULE 4LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 5ACCOMMODATION CROSSINGS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
SCHEDULE 6STREETS SUBJECT TO STREET WORKS
SCHEDULE 7PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
Apparatus of statutory undertakers etc. on land acquired
1(1) Sections 271 to 274 (power to extinguish rights of...
SCHEDULE 8STREETS SUBJECT TO ALTERATION OF LAYOUT
SCHEDULE 9STREETS TO BE TEMPORARILY STOPPED UP
SCHEDULE 10MODIFICATION 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 (compulsory purchase under Acquisition of Land Act 1946)...
5(1) The modifications referred to in paragraph 4(a) are as...
SCHEDULE 11PROTECTIVE 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 7 (provisions relating...
3This Part of this Schedule does not apply to apparatus...
4In this Part of this Schedule— “alternative apparatus” means alternative...
5Without 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...
9If in consequence of the exercise of the powers conferred...
10(1) Subject to the following provisions of this paragraph, Network...
11(1) Subject to sub-paragraphs (2) and (3), if by reason...
12Nothing in this Part of this Schedule affects the provision...
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 INTERNAL DRAINAGE BOARD
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 (3) Network Rail must from the...
22If by reason of the construction of any specified work...
23(1) Network Rail must pay all costs, charges and expenses...
24The fact that any work or thing has been executed...
25Any dispute arising between Network Rail and the drainage board...
2024 No. 526
Transport And Works, England
Transport, England

The Network Rail (Church Fenton Level Crossing Reduction) Order 2024

Made
Coming into force
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 and 5 of the Transport and Works Act 19922 (“the 1992 Act”).

The Secretary of State 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 December 2023.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 4, 7, 8, 10, 11, 16 and 17 of Schedule 1 to, the 1992 Act makes the following Order: