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The Railtrack (Shortlands Junction) Order 2001

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  1. Introductory Text

  2. PART I PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Incorporation of the Railways Clauses Consolidation Act 1845

  3. PART II WORKS

    1. Principal powers

      1. 4.Power to construct and maintain scheduled works

      2. 5.Power to construct and maintain ancillary works

      3. 6.Power to deviate

      4. 7.Discharge of water

      5. 8.Safeguarding works to buildings

      6. 9.Power to survey and investigate land

      7. 10.Temporary stopping up of streets

      8. 11.Temporary widening of carriageways

      9. 12.Traffic restrictions

  4. PART III ACQUISITION AND POSSESSION OF LAND

    1. Power of acquisition

      1. 13.Power to acquire land

      2. 14.Application of Part I of the Compulsory Purchase Act 1965

      3. 15.Power to acquire new rights

    2. Temporary possession of land

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

    3. Compensation

      1. 17.Disregard of certain interests and improvements

    4. Supplementary

      1. 18.Acquisition of part only of certain properties

      2. 19.Extinction or suspension of private rights of way

      3. 20.Time limit for exercise of power of acquisition

  5. PART IV MISCELLANEOUS AND GENERAL

    1. Noise

      1. 21.Control of construction sites: appeals

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

    2. Miscellaneous

      1. 23.Planning permission: supplementary matters

      2. 24.Saving for regulated rights etc.

      3. 25.Statutory undertakers etc.

      4. 26.Protective provisions

      5. 27.Certification of plans etc.

      6. 28.Maintenance of approved works etc.

      7. 29.Service of notices

      8. 30.No double recovery

      9. 31.Arbitration

  6. Signature

  7. SCHEDULES

    1. SCHEDULE 1

      THE SCHEDULED WORKS

    2. SCHEDULE 2

      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 prejudice to the generality of paragraph 1 above,...

      2. Adaptation of the 1965 Act

        1. 3.(1) The 1965 Act shall have effect with the modifications...

        2. 4.For section 7 of the 1965 Act (measure of compensation)...

        3. 5.For section 8 of the 1965 Act (which relates to...

        4. 6.The following provisions of the 1965 Act (which state the...

        5. 7.Section 11 of the 1965 Act (powers of entry) shall...

        6. 8.Section 20 of the 1965 Act (protection for interests of...

        7. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

    3. SCHEDULE 3

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    4. SCHEDULE 4

      STATUTORY UNDERTAKERS ETC.

      1. Apparatus of statutory undertakers etc. on land acquired

        1. 1.Sections 271 to 274 of the 1990 Act (power to...

        2. 2.In the provisions of the 1990 Act, as applied by...

        3. 3.Where any apparatus of public utility undertakers or of a...

        4. 4.Paragraph 3 above shall not apply in the case of...

        5. 5.The provisions of the 1990 Act mentioned in paragraph 1...

        6. 6.In this Schedule— “the 1990 Act” means the Town and...

    5. SCHEDULE 5

      PROTECTIVE PROVISIONS

      1. Part I Protection for electricity, gas and water undertakers

        1. 1.(1) For the protection of the undertakers referred to in...

        2. 2.Notwithstanding the temporary stopping up or diversion of any highway...

        3. 3.Notwithstanding anything in this Order or shown on the deposited...

        4. 4.(1) If, in the exercise of the powers of this...

        5. 5.(1) Where, in accordance with the provisions of this Part...

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

        7. 7.(1) Subject to the following provisions of this paragraph, Railtrack...

        8. 8.(1) Subject to sub-paragraphs (2) and (3) below, if by...

        9. 9.Nothing in this Part of this Schedule shall affect the...

      2. Part II Protection for telecommunications operators

        1. 1.(1) For the protection of telecommunications operators the following provisions...

        2. 2.The temporary stopping up or diversion of any highway under...

      3. Part III Protection for sewerage undertakers

        1. 1.(1) For the protection of sewerage undertakers the following provisions...

        2. 2.(1) Before commencing the construction or renewal of any specified...

        3. 3.(1) The specified work shall be constructed, and in the...

        4. 4.(1) Subject to the following provisions of this Part of...

        5. 5.(1) An officer of the undertaker duly appointed for the...

        6. 6.Notwithstanding the temporary stopping up or diversion of any highway...

        7. 7.As soon as reasonably practicable after the completion of the...

  8. Explanatory Note

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