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The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Incorporation of the Railway Clauses Act

    4. 4.Application of the 1991 Act

    5. 5.Disapplication of legislative provisions

  3. PART 2 WORKS PROVISIONS

    1. Principal Powers

      1. 6.Power to construct and maintain works

      2. 7.Power to deviate

    2. Level Crossings

      1. 8.Level crossings to be stopped up

    3. Streets

      1. 9.Power to alter layout etc., of streets

      2. 10.Power to execute street works

      3. 11.Temporary stopping up of streets

      4. 12.Construction and maintenance of new or altered highways

      5. 13.Access to works

      6. 14.Use of private roads for construction and operation

      7. 15.Agreements with street authorities

    4. Supplemental Powers

      1. 16.Discharge of water

      2. 17.Protective works to buildings

      3. 18.Power to survey and investigate land

  4. PART 3 ACQUISITION AND POSSESSION OF LAND

    1. Powers of Acquisition

      1. 19.Power to acquire land

      2. 20.Application of Part 1 of the 1965 Act

      3. 21.Application of the 1981 Act

      4. 22.Power to acquire new rights

      5. 23.Power to acquire subsoil or airspace only

      6. 24.Rights under or over streets

    2. Temporary possession of land

      1. 25.Temporary use of land for construction of works

      2. 26.Temporary use of land for maintenance works

      3. 27.Temporary use of land for access

    3. Compensation

      1. 28.Disregard of certain interest and improvements

    4. Supplementary

      1. 29.Extinction or suspension of private rights of way

      2. 30.Time limit for exercise of powers of acquisition

  5. PART 4 MISCELLANEOUS AND GENERAL

    1. 31.Powers to transfer undertaking

    2. 32.Defence to proceedings in respect of statutory nuisance

    3. 33.Power to lop trees overhanging the authorised works

    4. 34.Power to operate and use railway

    5. 35.Planning permission and supplementary powers

    6. 36.Public open space

    7. 37.Obstruction of construction of authorised works

    8. 38.Disclosure of confidential information

    9. 39.Statutory undertakers etc.

    10. 40.Certification of plans etc.

    11. 41.Service of notices

    12. 42.Protection of interests

    13. 43.No double recovery

    14. 44.Arbitration

  6. Signature

  7. SCHEDULES

    1. SCHEDULE 1

      SCHEDULED WORKS

    2. SCHEDULE 2

      ANCILLARY ACQUISITION OF LAND

    3. SCHEDULE 3

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

    4. SCHEDULE 4

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    5. SCHEDULE 5

      CLOSURE OF LEVEL CROSSINGS

    6. SCHEDULE 6

      STREETS SUBJECT TO ALTERATION OF LAYOUT

    7. SCHEDULE 7

      STREETS SUBJECT TO STREET WORKS

    8. SCHEDULE 8

      STREETS TO BE TEMPORARILY STOPPED UP OR DIVERTED

    9. SCHEDULE 9

      ACCESS TO WORKS

    10. SCHEDULE 10

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

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without limitation on the scope of paragraph (1), the...

        3. 3.(1) Without limitation on the scope of paragraph 1, the...

      2. Application of Part 1 of the 1965 Act

        1. 4.Part 1 (compulsory purchase under Acquisition of Land Act 1946)...

        2. 5.(1) The modifications referred to in paragraph 4(a) are as...

    11. SCHEDULE 11

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC. ON LAND ACQUIRED

      1. Apparatus of statutory undertakers etc. on land acquired

        1. 1.(1) Sections 271 to 274 (power to extinguish rights of...

    12. SCHEDULE 12

      PROTECTIVE PROVISIONS

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

        1. 1.Application

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

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

        4. 4.Interpretation

        5. 5.Acquisition of apparatus

        6. 6.Alternative apparatus

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

        8. 8.Existing apparatus: protection and access

        9. 9.Expenses

        10. 10.Damage to apparatus: costs, losses, etc.

        11. 11.Enactments and agreements

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

        1. 12.(1) For the protection of any operator, the following provisions...

        2. 13.(1) Subject to sub-paragraphs (2) to (4), if as the...

        3. 14.This Part of this Schedule does not apply to—

        4. 15.Nothing in this Part of this Schedule affects the provisions...

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

        1. 16.(1) The following provisions of this Part of this Schedule...

        2. 17.(1) Before beginning to construct any specified work, Network Rail...

        3. 18.Without limitation on the scope of paragraph 17, the requirements...

        4. 19.(1) Subject to sub-paragraph (2), any specified work, and all...

        5. 20.(1) Subject to sub-paragraph (5) Network Rail must from the...

        6. 21.Subject to paragraph 23, if by reason of the construction...

        7. 22.(1) Network Rail must take all such measures as may...

        8. 23.Nothing in paragraphs 19(4), 20(3), 21, 22(3) and (4) authorises...

        9. 24.Network Rail must indemnify the drainage authority in respect of...

        10. 25.(1) Without affecting the other provisions of this Part of...

        11. 26.The fact that any work or thing has been executed...

      4. PART 4 PROTECTIVE PROVISION FOR THE HOBSON’S CONDUIT TRUST

        1. 27.Application

        2. 28.Interpretation

        3. 29.Exercise of Powers

        4. 30.Network Rail must not use any land or property of...

        5. 31.Survey of watercourse

        6. 32.Notification, approval, protective works

        7. 33.Network Rail must give to the engineer 14 days’ notice...

        8. 34.Carrying out specified works and protective works

        9. 35.Network Rail must not in the course of constructing a...

        10. 36.Network Rail must provide and maintain at its own expense...

        11. 37.Access

        12. 38.Maintenance of the specified works and protective works

        13. 39.Expenses

        14. 40.Detriment to the watercourse

        15. 41.Disputes

      5. PART 5 FOR THE PROTECTION OF CADENT GAS LIMITED

        1. 42.Application

        2. 43.Interpretation

        3. 44.(1) This Part of this Schedule does not apply to...

        4. 45.Notwithstanding the temporary stopping up or diversion of any highway...

        5. 46.Network Rail must exercise the powers conferred by article 17...

        6. 47.(1) Regardless of any provision in this Order or anything...

        7. 48.(1) If, in the exercise of the powers conferred by...

        8. 49.(1) Where, in accordance with the provisions of this Part...

        9. 50.(1) Not less than 56 days before the commencement of...

        10. 51.(1) Subject to the following provisions of this paragraph, Network...

        11. 52.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. 53.Except where this Part of this Schedule provides otherwise, nothing...

        13. 54.(1) Where in consequence of the proposed construction of any...

        14. 55.If in consequence of any agreement reached in accordance with...

        15. 56.Save for differences or disputes arising under sub-paragraphs 48(2), 48(4),...

        16. 57.Notwithstanding article 41 (Service of Notices) any plans submitted to...

      6. PART 6 FOR THE PROTECTION OF CAMBRIDGESHIRE COUNTY COUNCIL IN RESPECT OF THE GUIDED BUSWAY

        1. 58.Application

        2. 59.This Part of this Schedule does not apply to apparatus...

        3. 60.Interpretation

        4. 61.(1) Network Rail must not exercise the powers conferred by...

        5. 62.Guided busway property: notification, protective works

        6. 63.(1) Not less than 28 days before commencing the specified...

        7. 64.Carrying out protective works and specified works

        8. 65.Access

        9. 66.The operator must on being given reasonable notice (save in...

        10. 67.Damage to guided busway property: costs, losses etc.

        11. 68.Expenses

        12. 69.Maintenance of the specified works

        13. 70.Assessment of sums payable

        14. 71.Agreements

        15. 72.Transfer of undertaking

        16. 73.Certified documents

        17. 74.Disputes

      7. PART 7 FOR THE PROTECTION OF SOUTH STAFFORDSHIRE WATER PLC

        1. 75.Application

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

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

        4. 78.Interpretation

        5. 79.Acquisition of apparatus

        6. 80.Alternative apparatus

        7. 81.(1) Where, in accordance with the provisions of this Part...

        8. 82.Existing apparatus: protection and access

        9. 83.Expenses

        10. 84.Damage to apparatus: costs, losses, etc.

        11. 85.Enactments and agreements

  8. Explanatory Note

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