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The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002

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  1. Introductory Text

  2. PART I PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application of 1991 Act

  3. PART II WORKS PROVISIONS

    1. Principal Powers

      1. 4.Power to construct works

      2. 5.Power to deviate

      3. 6.Stations

    2. Streets

      1. 7.Power to alter layout of streets

      2. 8.Power to keep apparatus in streets

      3. 9.Power to execute street works

      4. 10.Stopping up of streets

      5. 11.Temporary stopping up of streets

      6. 12.Access to works

      7. 13.Construction and maintenance of new or altered streets

      8. 14.Agreements with street authorities

    3. Supplemental

      1. 15.Discharge of water

      2. 16.Safeguarding works to buildings

      3. 17.Planning permission: supplementary matters

      4. 18.Power to survey and investigate land, etc.

      5. 19.Obstruction of construction of authorised works

  4. PART III ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 20.Power to acquire land

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

      3. 22.Vesting Declarations

      4. 23.Powers to acquire new rights

      5. 24.Powers to acquire subsoil only

      6. 25.Rights under or over streets

      7. 26.Certain lands not to be acquired compulsorily

    2. Temporary possession of land

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

      2. 28.Temporary use of land for maintenance of works

    3. Compensation

      1. 29.Disregard of certain interests and improvements

    4. Supplementary

      1. 30.Acquisition of part of certain properties

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

      3. 32.Time limit for exercise of powers of acquisition

  5. PART IV OPERATION OF AUTHORISED WORKS

    1. 33.Maintenance of approved works, etc.

    2. 34.Power to lop trees overhanging authorised works

    3. 35.Trespass on authorised railway

  6. PART V PROTECTIVE PROVISIONS

    1. 36.Statutory undertakers, etc.

    2. 37.For protection of railway undertakers

    3. 38.For protection of the London Borough of Newham

    4. 39.For protection of the Environment Agency

    5. 40.For protection of specified undertakers

  7. PART VI MISCELLANEOUS AND GENERAL

    1. 41.Powers of disposal, agreements for operation, etc.

    2. 42.Application of landlord and tenant law

    3. 43.Defence to proceedings in respect of statutory nuisance

    4. 44.Disclosure of confidential information

    5. 45.Certification of plans, etc.

    6. 46.Service of notices

    7. 47.No double recovery

    8. 48.Arbitration

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      SCHEDULED WORKS

    2. SCHEDULE 2

      ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED

    3. SCHEDULE 3

      STATIONS

    4. SCHEDULE 4

      STREETS SUBJECT TO ALTERATION OF LAYOUT

    5. SCHEDULE 5

      STREETS TO BE PERMANENTLY STOPPED UP

      1. PART I STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      2. PART II STREET IN WHICH VEHICULAR RIGHTS ONLY ARE TO BE EXTINGUISHED

      3. PART III STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

    6. SCHEDULE 6

      STREETS TO BE TEMPORARILY STOPPED UP

    7. SCHEDULE 7

      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 (provisions as 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...

    8. SCHEDULE 8

      LAND NOT TO BE ACQUIRED COMPULSORILY

    9. SCHEDULE 9

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    10. SCHEDULE 10

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

      1. Apparatus of statutory undertakers, etc. on land acquired

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

      2. Apparatus of statutory undertakers, etc. in stopped up streets

        1. 2.(1) Where a street is stopped up under article 10...

    11. SCHEDULE 11

      FOR PROTECTION OF RAILWAY UNDERTAKERS

      1. PART I RAILTRACK

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

        2. 2.(1) DLRL shall not exercise the powers conferred by article...

        3. 3.(1) DLRL shall before commencing construction of any specified work...

        4. 4.(1) Any specified work shall, when commenced, be constructed—

        5. 5.DLRL shall— (a) at all times afford reasonable facilities to...

        6. 6.Railtrack PLC shall at all times afford reasonable facilities to...

        7. 7.(1) If any alterations or additions, either permanent or temporary,...

        8. 8.DLRL shall repay to Railtrack PLC all reasonable fees, costs,...

        9. 9.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2)...

        10. 10.If at any time after the completion of a specified...

        11. 11.DLRL shall not provide any illumination or illuminated sign or...

        12. 12.Any additional expenses which Railtrack may reasonably incur in altering,...

        13. 13.(1) DLRL shall pay to Railtrack PLC all reasonable costs,...

        14. 14.In the assessment of any sums payable to Railtrack under...

        15. 15.DLRL and Railtrack PLC may enter into, and carry into...

      2. PART II THE UNDERGROUND COMPANIES

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

        2. 17.(1) DLRL shall not exercise the powers conferred by article...

        3. 18.(1) DLRL shall before commencing construction of any specified work...

        4. 19.(1) Any specified work and any protective work specified pursuant...

        5. 20.DLRL shall— (a) at all times afford reasonable facilities to...

        6. 21.The Underground companies shall at all times afford reasonable facilities...

        7. 22.(1) If any alterations or additions, either permanent or temporary,...

        8. 23.DLRL shall repay to LUL all reasonable fees, costs, charges...

        9. 24.(1) This paragraph shall apply to EMI only to the...

        10. 25.If at any time after the completion of a specified...

        11. 26.(1) DLRL shall pay to LUL all reasonable costs, charges,...

        12. 27.In the assessment of any sums payable to the Underground...

        13. 28.DLRL and the Underground companies may enter into, and carry...

    12. SCHEDULE 12

      FOR PROTECTION OF THE LONDON BOROUGH OF NEWHAM

      1. 1.(1) The following provisions of this Schedule shall, unless otherwise...

      2. 2.Before commencing to construct any scheduled work DLRL shall consult...

      3. 3.DLRL shall consult the Council as to—

      4. 4.Before commencing to construct any authorised work which will involve...

      5. 5.Any such highway shall be reinstated by DLRL in a...

      6. 6.DLRL shall not, except with the consent of the Council,...

      7. 7.Except in an emergency or where reasonably necessary to secure...

      8. 8.DLRL shall, if reasonably so required by the Council, provide...

      9. 9.DLRL shall indemnify the Council against any claim which may...

      10. 10.Wherever in this Schedule provision is made with respect to...

      11. 11.Unless otherwise agreed between the parties any difference arising between...

    13. SCHEDULE 13

      FOR PROTECTION OF THE ENVIRONMENT AGENCY

      1. 1.The following provisions of this Schedule shall, unless otherwise agreed...

      2. 2.Before applying for any consent under section 109 of the...

      3. 3.In carrying out any works under the powers conferred by...

      4. 4.In carrying out the authorised works, DLRL shall—

      5. 5.If, in an emergency relating to the Thames Barrier or...

      6. 6.So much of Work No.1 as crosses the Barrier Access...

      7. 7.DLRL may relocate the turning bay on the Barrier Access...

      8. 8.Subject to paragraphs 4 to 7 above, DLRL will not...

      9. 9.Before carrying out under the powers of this Order—

      10. 10.The approval of plans supplied under paragraph 9 above shall...

      11. 11.For the purposes of paragraph 9 above, “banks” has the...

      12. 12.Any culvert or any structure designed to contain or divert...

      13. 13.Nothing in paragraph 12 above shall have the effect of...

      14. 14.If any operation or work is carried out in contravention...

    14. SCHEDULE 14

      FOR PROTECTION OF SPECIFIED UNDERTAKERS

      1. Interpretation

        1. 1.In this Schedule— “apparatus” means— in the case of a...

      2. Application of Schedule 10

        1. 2.Paragraphs 1(1) and 2 of Schedule 10 to this Order...

      3. Apparatus in stopped up streets

        1. 3.Where any street is stopped up under article 10 of...

        2. 4.DLRL shall give not less than 28 days' notice in...

      4. On-street apparatus

        1. 5.This Schedule shall not apply to anything done or proposed...

      5. Acquisition of land

        1. 6.DLRL shall not acquire any apparatus from a specified undertaker...

        2. 7.DLRL may in exercise of the powers of this Order...

      6. Removal of apparatus

        1. 8.Paragraphs 9 to 12 below apply where—

        2. 9.DLRL shall, if it is practicable to do so, afford...

        3. 10.The obligation imposed upon the specified undertaker by paragraph 9...

        4. 11.Any alternative apparatus to be constructed by the specified undertaker...

        5. 12.The specified undertaker shall, after the manner of construction and...

      7. Removal of apparatus and construction of alternative apparatus by DLRL

        1. 13.Paragraphs 14 to 16 below apply to so much of...

        2. 14.If DLRL gives notice in writing to the specified undertaker...

        3. 15.In carrying out any work under paragraph 14 above DLRL...

        4. 16.Nothing in paragraph 14 above shall authorise DLRL to carry...

      8. Facilities and rights for alternative apparatus

        1. 17.Where, in accordance with the provisions of this Schedule, DLRL...

        2. 18.In determining the terms and conditions mentioned in paragraph 17...

        3. 19.If the facilities and rights to be afforded by DLRL...

      9. Retained apparatus: protection and plan approval

        1. 20.Not less than 56 days before commencing to construct or...

        2. 21.In relation to a work which is a specified work...

        3. 22.DLRL shall not commence the construction or renewal of any...

        4. 23.Any approval of the specified undertaker required under paragraph 22...

        5. 24.In relation to a work to which paragraph 21 above...

        6. 25.A specified work shall be constructed (and in the case...

        7. 26.If within 42 days after the submission to it of...

        8. 27.Nothing in paragraphs 20 or 26 above shall preclude DLRL...

        9. 28.DLRL shall not be required to comply with paragraph 20...

        10. 29.Nothing in paragraph 28 above shall entitle DLRL to carry...

      10. Co-operation

        1. 30.Where in consequence of the proposed construction of any of...

      11. Access

        1. 31.If in consequence of the exercise of the powers of...

      12. Expenses

        1. 32.Subject to the provisions of the following paragraphs of this...

        2. 33.There shall be deducted from any sum payable under paragraph...

        3. 34.If in pursuance of the provisions of this Schedule—

        4. 35.For the purposes of paragraph 34 above—

        5. 36.An amount which apart from this paragraph would be payable...

        6. 37.In any case where work is carried out by DLRL...

      13. Indemnity

        1. 38.If, by reason or in consequence of the construction, maintenance...

        2. 39.Nothing in paragraph 38 above shall impose any liability on...

        3. 40.The specified undertaker shall give to DLRL reasonable notice of...

      14. Exercise of safeguarding and survey powers

        1. 41.DLRL shall, so far as is reasonably practicable, so exercise...

        2. 42.DLRL shall not, in the exercise of the powers of...

      15. Arbitration

        1. 43.Any difference arising between DLRL and a specified undertaker under...

      16. Transfer of powers

        1. 44.DLRL shall give notice to every specified undertaker if any...

        2. 45.The obligation to give notice under paragraph 44 above to...

      17. Notices

        1. 46.Any notice in writing to be given by DLRL to...

  10. Explanatory Note

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