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).
7. In constructing or maintaining any of the scheduled works, Network Rail may—
(a)deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation for that work; and
(b)deviate vertically from the levels shown on the deposited sections—
(i)to any extent upwards not exceeding 3 metres; or
(ii)to any extent downwards as may be found to be necessary or convenient.
8.—(1) Subject to paragraph (3), each of the level crossings specified in columns (1) and (2) of Parts 1 and 2 of Schedule 5 (replacement and closure of road level crossings) are to be stopped up and discontinued.
(2) Subject to paragraph (3) and paragraph 2 of Schedule 15 (provisions relating to statutory undertakers etc.), upon the stopping up and discontinuance of each of the level crossings referred to in paragraph (1), the street specified in relation to that level crossing in column (3) of Parts 1 and 2 of Schedule 5 is to be stopped up to the extent specified in column (3) and any right of way over the part of the street to be stopped up is extinguished.
(3) Paragraphs (1) and (2) are not to take effect with respect to a level crossing specified in column (2) or a street specified in column (3) of Part 1 of Schedule 5 until the new street specified in relation to it in column (4) of that Schedule has been completed to the reasonable satisfaction of the street authority and is open for use.
(4) Any person who suffers loss by the extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
9.—(1) Subject to paragraph (3), each of the footpath level crossings specified in column (2) of Parts 1 and 2 of Schedule 6 (replacement and closure of footpath level crossings) are stopped up and discontinued.
(2) Subject to paragraph (3) and paragraph 2 of Schedule 15 (provisions relating to statutory undertakers etc.), upon the stopping up and discontinuance of a footpath level crossing referred to in paragraph (1), any right of way over the part of the footpath specified in relation to it in column (3) of Parts 1 and 2 of Schedule 6 is extinguished.
(3) Paragraphs (1) and (2) are not to take effect with respect to a footpath specified in columns (2) and (3) of Part 1 of Schedule 6 until the replacement right of way specified in relation to it in column (4) of that Part of that Schedule has been provided to the reasonable satisfaction of the street authority and is open for use.
(4) On completion of the construction of the replacement right of way specified in column (4) of Schedule 6 Network Rail must submit a written request to the street authority for written confirmation that the replacement right of way has been provided to the reasonable satisfaction of the authority, and can be opened for use, and such confirmation must not be unreasonably withheld and must be given within 28 days of the street authority receiving a request under this paragraph. If the street authority fails to notify Network Rail in writing of a decision by the expiry of 28 days from receiving the request, the street authority is deemed to have provided confirmation.
(5) If the street authority notifies Network Rail that confirmation cannot be provided under paragraph (4), the matter is to be determined in accordance with article 46 (arbitration).
(6) In providing the replacement right of way specified in column (4) of Part 1 of Schedule 6, Network Rail may within the Order limits erect barriers and signs and carry out or provide any ancillary works or conveniences, subject to the agreement of the highway authority which agreement must not be unreasonably withheld.
(7) Any person who suffers loss by the extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(8) Any replacement footpath or bridleway specified in column (4) of Part 1 of Schedule 6 provided under this Order is to be a public footpath or bridleway and, subject to paragraphs (9) to (12), in relation to that replacement right of way, section 28(1) (compensation for loss caused by public path creation order) of the 1980 Act applies as if the replacement right of way had been created by a public path creation order.
(9) In its application by virtue of paragraph (8), section 28 of the 1980 Act has effect with the modifications mentioned in paragraphs (10) to (12).
(10) In subsection (1), for the words “the authority by whom the order was made” there are substituted the words “Network Rail Infrastructure Limited”.
(11) For subsection (2), substitute—
“(2) A claim for compensation under this section is to be made to Network Rail Infrastructure Limited in writing before the end of the period of 6 months beginning with the day on which the public right of way first becomes exercisable and is to be served on Network Rail Infrastructure Limited by delivering it at, or by sending it by pre-paid post to, the registered office of Network Rail Infrastructure Limited.”
(12) Omit subsection (3).
(13) For the purposes of paragraphs (8) to (12), in section 307(2) (disputes as to compensation which are to be determined by Upper Tribunal and related provisions) of the 1980 Act, as it applies to section 28 of the 1980 Act by virtue of section 307(1), for “the authority from whom the compensation in question is claimed” substitute “Network Rail Infrastructure Limited”.
10.—(1) Subject to paragraph (2) and regardless of anything in section 68 (accommodation works by the Company) of the Railways Clauses Consolidation Act 1845 as incorporated in the Oxford and Bletchley Junction Railway Act 1846(2), the Aylesbury and Buckingham Railway Act 1860(3) or any other enactment or instrument, all public or private rights of way (if any) across the railway by means of the accommodation facilities specified in columns (2) and (3) of Parts 1 and 2 Schedule 7 (accommodation crossings), are extinguished.
(2) Paragraph (1) does not take effect with respect to the extinguishment of the private rights of way by means of an accommodation facility specified in columns (2) and (3) of Part 1 of Schedule 7 (accommodation crossings for which a substitute is to be provided) until the accommodation facility specified in relation to it in column (4) of Part 1 of that Schedule has been provided.
(3) Any person who suffers loss by the extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
11.—(1) Network Rail may for the purposes of the authorised works alter the layout of, or carry out any works in, the streets specified in columns (1) and (2) of Schedule 8 (streets subject to alteration of layout) in the manner specified in relation to that street in column (3).
(2) Without limitation on the scope of the specific powers conferred by paragraph (1), but subject to paragraph (3), Network Rail may, for the purposes of constructing and maintaining any scheduled work, alter the layout of any street within the Order limits and the layout of any street having a junction with such a street; and, without limitation on the scope of that power, Network Rail may—
(a)increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street;
(b)alter the level or increase the width of any such kerb, footpath, footway, cycle track or verge;
(c)reduce the width of the carriageway of the street; and
(d)temporarily remove any road hump within the street.
(3) Network Rail must restore to the reasonable satisfaction of the street authority any street which has been temporarily altered under this article.
(4) The powers conferred by paragraph (2) must not be exercised without the consent of the street authority, but such consent must not be unreasonably withheld.
(5) If within 28 days of receiving an application for consent under paragraph (4) a street authority fails to notify Network Rail of its decision or refuses consent without giving any grounds for its refusal, that street authority is deemed to have granted consent.
12.—(1) Network Rail may, for the purposes of the authorised works, enter upon any of the streets specified in Schedule 9 (streets subject to street works) as are within the Order limits to the extent necessary and may—
(a)break up or open the street, or any sewer, drain or tunnel under it;
(b)place apparatus in the street;
(c)maintain apparatus in the street or change its position; and
(d)execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c).
(2) In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act.
13.—(1) Subject to the provisions of this article, Network Rail may, in connection with the carrying out of the authorised works, stop up each of the streets specified in column (2) of Parts 1 and 2 of Schedule 10 (streets to be stopped up) to the extent specified in column (3) of that Part of that Schedule.
(2) No street specified in column (2) of Part 1 of Schedule 10 is to be wholly or partly stopped up under this article unless—
(a)the new street to be constructed and substituted for it, which is specified in column (4) of that Part of that Schedule, has been constructed and completed to the reasonable satisfaction of the street authority and is open for use; or
(b)a temporary alternative route for the passage of such traffic as could have used the street to be stopped up is first provided and then maintained by Network Rail, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street until the completion and opening of the new street in accordance with sub-paragraph (a).
(3) No street specified in columns (1) and (2) of Part 2 of Schedule 10 to this Order (being a street to be stopped up for which no substitute is to be provided) is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the land which abuts on either side of the street to be stopped up.
(4) The condition referred to in paragraph (3) is that—
(a)Network Rail is in possession of the land;
(b)there is no right of access to the land from the street concerned;
(c)there is reasonably convenient access to the land otherwise than from the street concerned; or
(d)the owners and occupiers of the land have agreed to the stopping up.
(5) Where a street has been stopped up under this article—
(a)all rights of way over or along the street so stopped up are extinguished; and
(b)Network Rail may appropriate and use for the purpose of its railway undertaking so much of the site of the street as is bounded on both sides by land owned by Network Rail.
(6) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(7) Paragraphs (8) to (13) of article 9 (which provide for creation of new public rights of way) apply in relation to any replacement footpath or bridleway specified in column (4) of Part 1 of Schedule 10 as they apply to replacement rights of way specified in column (4) of Part 1 of Schedule 6.
14.—(1) Network Rail, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time—
(a)divert the traffic from the street; and
(b)subject to paragraph (3), prevent all persons from passing along the street.
(2) Without limitation on the scope of paragraph (1), Network Rail may use any street stopped up under the powers conferred by this article within the Order limits as a temporary working site.
(3) Network Rail must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.
(4) Without limitation on the scope of paragraph (1), Network Rail may temporarily stop up, alter or divert the streets specified in columns (1) and (2) of Schedule 11 (streets to be temporarily stopped up) to the extent specified in column (3) of that Schedule.
(5) Network Rail must not exercise the powers conferred by this article—
(a)in relation to any street specified as mentioned in paragraph (4) without first consulting the street authority; and
(b)in relation to any other street without the consent of the street authority which may attach reasonable conditions to any consent, but such consent must not be unreasonably withheld.
(6) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(7) If within 28 days of receiving an application for consent under paragraph (5)(b) a street authority fails to notify Network Rail of its decision or refuses consent without giving any grounds for its refusal that street authority is deemed to have granted consent.
15.—(1) Any highway to be constructed under this Order must be completed to the reasonable satisfaction of the highway authority and, unless otherwise agreed in writing between Network Rail and the highway authority in whose area the highway lies, must be maintained by and at the expense of Network Rail for a period of 12 months from its completion and from the expiry of that period by and at the expense of the highway authority.
(2) Where a highway is altered or diverted under this Order, the altered or diverted part of the highway must, when completed to the reasonable satisfaction of the highway authority in whose area the highway lies, unless otherwise agreed in writing with the street authority, be maintained by and at the expense of Network Rail for a period of 12 months from its completion and from the expiry of that period by and at the expense of the highway authority.
(3) Paragraphs (1) and (2) do not apply in relation to the structure of any bridge or tunnel carrying a highway over or under any railway of Network Rail.
(4) In any action against Network Rail in respect of loss or damage resulting from any failure by it to maintain a highway under this article, it is a defence (without affecting any other defence or the application of the law relating to contributory negligence) to prove that Network Rail had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous to traffic.
(5) For the purposes of a defence under paragraph (4), the court must in particular have regard to the following matters—
(a)the character of the highway and the traffic which was reasonably to be expected to use it;
(b)the standard of maintenance appropriate for a highway of that character and used by such traffic;
(c)the state of repair in which a reasonable person would have expected to find the highway;
(d)whether Network Rail knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway; and
(e)where Network Rail could not reasonably have been expected to repair that part of the highway before the cause of action arose, what warning notices of its condition had been displayed,
but for the purposes of such a defence it is not relevant to prove that Network Rail had arranged for a competent person to carry out or supervise the maintenance of the part of the highway to which the action relates unless it is also proved that Network Rail had given the competent person proper instructions with regard to the maintenance of the highway and that the competent person had carried out those instructions.
16.—(1) Network Rail may, for the purposes of the authorised works—
(a)form and lay out means of access, or improve existing means of access, in the locations specified in columns (1) and (2) of Schedule 12 (access to works); and
(b)with the approval of the highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as Network Rail reasonably requires for the purposes of the authorised works.
(2) If a highway authority fails to notify Network Rail of its decision within 28 days of receiving an application for approval under paragraph (1), that highway authority is deemed to have granted approval.
17.—(1) A street authority and Network Rail may enter into agreements with respect to—
(a)the construction of any new street (including any structure carrying the street over or under a railway) under the powers conferred by this Order;
(b)the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order;
(c)the maintenance of the structure of any bridge constructed under the powers conferred by this Order;
(d)any stopping up, alteration or diversion of a street under the powers conferred by this Order; or
(e)the execution in the street of any of the works referred to in article 12(1) (power to execute street works).
(2) Such an agreement may, without limitation on the scope of paragraph (1)—
(a)make provision for the street authority to carry out any function under this Order which relates to the street in question; and
(b)contain such terms as to payment and otherwise as the parties consider appropriate.
18.—(1) Any bridge to be constructed under this Order for carrying a highway over or under a railway must be constructed in accordance with the plans and specifications approved by the highway authority, but such approval not to be unreasonably withheld.
(2) If within 28 days of receiving an application for approval under paragraph (1) a highway authority fails to notify Network Rail of its decision or refuses approval without giving any grounds for its refusal that highway authority is deemed to have granted approval.
19.—(1) Network Rail may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.
(2) Any dispute arising from the exercise of the powers conferred by paragraph (1) to connect to or use a public sewer or drain is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991(4).
(3) Network Rail must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.
(4) Network Rail must not make any opening into any public sewer or drain except—
(a)in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and
(b)where that person has been given the opportunity to supervise the making of the opening.
(5) Network Rail must not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.
(6) Network Rail must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.
(7) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) (requirement of environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016(5) .
(8) If a person who receives an application for consent or approval fails to notify Network Rail of a decision within 28 days of receiving an application for consent under paragraph (3) or approval under paragraph (4)(a) that person is deemed to have granted consent or given approval, as the case may be.
(9) In this article—
(a)“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, or a local authority; and
(b)other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991(6) have the same meaning as in that Act.
20.—(1) Subject to the following provisions of this article, Network Rail may at its own expense carry out such protective works to any building lying within the Order limits as Network Rail considers to be necessary or expedient.
(2) Protective works may be carried out—
(a)at any time before or during the construction in the vicinity of a building of any part of the authorised works; or
(b)after the completion of the construction of that part of the authorised works in the vicinity of a building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.
(3) For the purpose of determining how the functions under this article are to be exercised Network Rail may (subject to paragraph (5)) enter and survey any building falling within paragraph (1) and any land within its curtilage.
(4) For the purpose of carrying out protective works under this article to a building Network Rail may (subject to paragraphs (5) and (6))—
(a)enter the building and any land within its curtilage; and
(b)where the works cannot be carried out reasonably conveniently without entering land which is adjacent to a building but outside its curtilage, enter the adjacent land (but not any building erected on it).
(5) Before exercising—
(a)a right under paragraph (1) to carry out protective works to a building;
(b)a right under paragraph (3) to enter a building and land within its curtilage;
(c)a right under paragraph (4)(a) to enter a building and land within its curtilage; or
(d)a right under paragraph (4)(b) to enter land,
Network Rail must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.
(6) Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building to be referred to arbitration under article 46 (arbitration).
(7) Network Rail must compensate the owners and occupiers of any building or land in relation to which the powers conferred by this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.
(8) Where—
(a)protective works are carried out under this article to a building; and
(b)within the period of 5 years beginning with the day on which the part of the authorised works constructed in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the construction or operation of that part of the authorised works,
Network Rail must compensate the owners and occupiers of the building for any loss or damage sustained by them.
(9) Without affecting article 45 (no double recovery) nothing in this article relieves Network Rail from any liability to pay compensation under section 10(2)(7) (further provision as to compensation for injurious affection) of the 1965 Act.
(10) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under Part 1 of the 1961 Act.
(11) In this article “protective works” in relation to a building means—
(a)underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works;
(b)any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or operation of the authorised works; and
(c)any works the purpose of which is to secure the safe operation of the authorised works or to prevent or minimise the risk of such operation being disrupted.
21.—(1) Network Rail may for the purposes of this Order—
(a)survey or investigate any land shown within the Order limits;
(b)without limitation on the scope of sub-paragraph (a), make trial holes in such positions on the land as Network Rail thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;
(c)without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land;
(d)place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes; and
(e)enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (d).
(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1), unless at least 7 days’ notice has been served on every owner and occupier of the land.
(3) Notice given in accordance with paragraph (2) must include—
(a)a statement of the recipient’s rights under paragraph (15); and
(b)a copy of any warrant issued under paragraph (8).
(4) If Network Rail proposes to do any of the following, the notice must include details of what is proposed—
(a)searching, boring or excavating;
(b)leaving apparatus on the land;
(c)taking samples;
(d)an aerial survey;
(e)carrying out any other activities that may be required to facilitate compliance with the instruments mentioned in paragraph (5).
(5) The instruments referred to in paragraph (4)(e) are—
(a)Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment(8); or
(b)Council Directive 92/42/EEC of 21 May 1992 of the on the conservation of natural habitats and of wild fauna and flora(9).
(6) If Network Rail obtains a warrant after giving notice in accordance with paragraph (2) it must give a copy of the warrant to all those to whom it gave that notice.
(7) Any person entering land under this article on behalf of Network Rail—
(a)must, if so required, before or after entering the land produce written evidence of authority to do so including any warrant issued under paragraph (8);
(b)may not use force unless a justice of the peace has issued a warrant under paragraph (8) authorising the person to do so;
(c)may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes;
(d)may only enter and survey at a reasonable time; and
(e)must, if the land is unoccupied or the occupier is absent from the land when the person enters it, leave it as secure against trespassers as when the person entered it.
(8) A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred by this article if satisfied—
(a)that another person has prevented or is likely to prevent the exercise of that power; and
(b)that it is reasonable to use force in the exercise of that power.
(9) The force that may be authorised by a warrant is limited to that which is reasonably necessary.
(10) A warrant authorising the person to use force must specify the number of occasions on which Network Rail can rely on the warrant when entering and surveying or valuing land.
(11) The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry and survey or valuation are required.
(12) Any evidence in proceedings for a warrant under this article must be given on oath.
(13) No trial holes are to be made under this article—
(a)in a carriageway or footway without the consent of the highway authority; or
(b)in a private street without the consent of the street authority,
but such consent must not be unreasonably withheld.
(14) If either a highway authority or a street authority which receives an application for consent fails to notify Network Rail of its decision within 28 days of receiving the application for consent—
(a)under paragraph (13)(a) in the case of a highway authority; or
(b)under paragraph (13)(b) in the case of a street authority,
that authority is deemed to have granted consent.
(15) Network Rail must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
As amended by S.I. 2006/1177.
1846 c. lxxxii (9 & 10 Vict.).
1860 c. cxcii (23 & 24 Vict.).
1991 c. 56. Section 106 was amended by sections 35(1) and (8) and 43(2) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).
Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.
O.J. No. L 26, 28.1.2012, p. 1.
O.J. No. L 206, 22.7.1992, p. 7.