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The River Tyne (Tunnels) Order 2005

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  1. Introductory Text

  2. PART 1 preliminary

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 works provisions

    1. Principal powers

      1. 3.Power to construct and maintain works

      2. 4.Power to deviate

    2. Streets

      1. 5.Power to execute street works

      2. 6.Power to alter layout of streets

      3. 7.Stopping up of streets and extinguishments of rights

      4. 8.Temporary stopping up of streets

      5. 9.Access to works

      6. 10.Construction and maintenance of new or altered streets

      7. 11.Agreements with street authorities

      8. 12.Trunk roads

    3. Supplemental powers

      1. 13.Discharge of water

      2. 14.Safeguarding works to buildings

      3. 15.Planning permission: supplementary matters

      4. 16.Power to survey and investigate land

      5. 17.Additional powers

      6. 18.Prohibitions within the tunnel area

      7. 19.Protection of tunnel, etc.

      8. 20.Restriction on mooring of vessels, etc.

  4. PART 3 acquisition and possession of land

    1. Powers of acquisition

      1. 21.Power to acquire land

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

      3. 23.Power to acquire new rights

      4. 24.Power to acquire subsoil only

      5. 25.Cases where powers of acquisition limited to subsoil

      6. 26.Vesting declarations

    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.Extinguishment and suspension of private rights of way

      3. 32.Use of subsoil

      4. 33.Noise Insulation Regulations

      5. 34.Time limit for exercise of powers of acquisition

  5. PART 4 operational

    1. 35.Power to operate, use and maintain the tunnel crossing

    2. 36.Closing the tunnel crossing

    3. 37.No mains or pipes

    4. 38.Obstruction of works and trespass on the tunnel crossing

    5. 39.Traffic control

    6. 40.Power to contract for police services

    7. 41.Power to make byelaws

  6. PART 5 concession and financing arrangements

    1. 42.Power to charge tolls

    2. 43.Power to enter in to concession agreements and lease or transfer the undertaking etc.

    3. 44.Application of landlord and tenant law

  7. PART 6 miscellaneous and general

    1. 45.Saving for Trinity House and protection of navigation

    2. 46.Protection of certain persons

    3. 47.Statutory undertakers, etc.

    4. 48.Minerals

    5. 49.Application of local legislation

    6. 50.Repeal of enactments

    7. 51.Certification of plans, etc.

    8. 52.Service of notices

    9. 53.No double recovery

    10. 54.Arbitration

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      SCHEDULED WORKS

    2. SCHEDULE 2

      STREETS SUBJECT TO WORKS

    3. SCHEDULE 3

      STREETS TO BE STOPPED UP

      1. PART 1 streets for which a substitute is to be provided

      2. PART 2 streets for which no substitute is to be provided

    4. SCHEDULE 4

      STREETS TO BE TEMPORARILY STOPPED UP

    5. SCHEDULE 5

      ACCESS TO WORKS

    6. SCHEDULE 6

      LAND COMPRISING OPEN SPACE EXCLUDED FROM COMPULSORY ACQUISITION

    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, the...

      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 (provision 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 OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    9. SCHEDULE 9

      PROTECTION OF NAVIGATION

      1. 1.In this Schedule— “construction” includes execution, placing, alteration and reconstruction...

      2. Tidal works

        1. 2.(1) A tidal work shall not be constructed, altered, replaced...

      3. Damage etc. to works

        1. 3.(1) In case of damage to or destruction or decay...

      4. Abandonment etc. of structures

        1. 4.(1) Where a tidal work is abandoned, or allowed to...

      5. Surveys etc.

        1. 5.The Secretary of State may, if he considers it expedient,...

      6. Offences

        1. 6.(1) Where the undertaker is guilty of an offence under...

      7. Expenses

        1. 7.The Secretary of State shall be entitled to recover from...

    10. SCHEDULE 10

      PROTECTION OF CERTAIN PERSONS

      1. PART 1 general

        1. Application of Schedule 10

          1. 1.The provisions of each Part of this Schedule including this...

        2. Arbitration

          1. 2.Unless any provision of this Schedule provides the contrary any...

      2. PART 2 protection of the environment agency

        1. 3.(1) The provisions of this Part of this Schedule shall...

        2. 4.No dredging operations shall take place for the excavation of...

        3. 5.(1) Before beginning to construct any specified work, the undertaker...

        4. 6.Without prejudice to the generality of paragraph 5, the requirements...

        5. 7.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 8.(1) Before commencing the construction of a specified work the...

        7. 9.If by reason of the construction of any specified work...

        8. 10.(1) The undertaker shall take all such measures as may...

        9. 11.The undertaker shall indemnify the Agency in respect of all...

        10. 12.(1) Without prejudice to the other provisions of this Part...

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

        12. 14.For the purposes of Chapter II of Part II of...

        13. 15.Any dispute arising between the undertaker and the Agency under...

      3. PART 3 protection of the port of tyne authority

        1. 16.The provisions of this Part of this Schedule shall, unless...

        2. 17.The undertaker may with the written consent of the Port...

        3. 18.Before commencing a tidal work or a part of a...

        4. 19.(a) Subject to the provisions of this Part of this...

        5. 20.The undertaker shall allow the authorised representatives of the Port...

        6. 21.Nothing in this Order shall authorise or empower the undertaker...

        7. 22.Except so far as may be unavoidable in the construction...

        8. 23.The undertaker shall not, except for the purpose of constructing...

        9. 24.From the time when the construction of the tidal works...

        10. 25.(a) The undertaker shall consult with the Port Authority as...

        11. 26.The undertaker shall, at or near every tidal work exhibit...

        12. 27.If, except in the case of the new tunnel—

        13. 28.Subject to paragraph 40 and to complying with paragraph 41,...

        14. 29.Nothing in this Order authorises the doing of anything prohibited...

        15. 30.The Port Authority shall not be liable, in the absence...

        16. 31.After the purpose of any temporary tidal work has been...

        17. 32.If during the construction of a tidal work or within...

        18. 33.Should any such accumulation or erosion as is mentioned in...

        19. 34.For the purpose of paragraphs 32 and 33—

        20. 35.In the event it is established that any accumulation or...

        21. 36.For the purposes of paragraph 32 the date of completion...

        22. 37.The undertaker shall— (a) pay to the Port Authority the...

        23. 38.Nothing in this Part of this Schedule shall impose any...

        24. 39.The Port Authority shall give to the undertaker notice of...

        25. 40.The fact that any work or thing has been executed...

        26. 41.With the exception of any duty owed by the Port...

        27. 42.Save as the terms of this Order may otherwise provide...

        28. 43.Unless otherwise agreed in writing, any difference which may arise...

        29. 44.In this Part of this Schedule— “accumulation” means any accumulation...

      4. PART 4 protection of telecommunications undertakers

        1. 45.(1) The provisions of this Part of this Schedule shall...

        2. 46.The temporary stopping up or diversion of any street under...

        3. 47.If BT or C&W suffer damage in consequence of the...

        4. 48.Nothing in this Order shall affect any right of a...

      5. PART 5 protection of nexus

        1. 49.(1) The provisions of this Part of this Schedule shall,...

        2. 50.(1) The undertaker shall not exercise the powers conferred by...

        3. 51.(1) The undertaker shall, before commencing construction of any specified...

        4. 52.(1) Any specified work and any protective work specified pursuant...

        5. 53.The undertaker shall— (a) at all reasonable times afford reasonable...

        6. 54.Nexus shall at all times afford reasonable facilities to the...

        7. 55.(1) If any alterations or additions, either permanent or temporary,...

        8. 56.The undertaker shall repay to Nexus all reasonable fees, costs,...

        9. 57.If at any time after the completion of a specified...

        10. 58.(1) The undertaker shall pay to Nexus all reasonable costs,...

        11. 59.In the assessment of any sums payable to Nexus under...

        12. 60.The undertaker and Nexus may enter into, and carry into...

      6. PART 6 protection of network rail infrastructure ltd

        1. Interpretation

          1. 61.In this Part of this Schedule— “construction” includes execution, placing,...

        2. Powers requiring consent of NRI

          1. 62.(1) The undertaker shall not under the powers conferred by...

        3. Fencing

          1. 63.Where so required by the engineer the undertaker shall to...

        4. Approval of plans

          1. 64.(1) The undertaker shall before commencing construction of any specified...

        5. Construction of specified works

          1. 65.(1) Any specified work (together with any protective works specified...

        6. Access

          1. 66.The undertaker shall— (a) at all times afford reasonable facilities...

          2. 67.NRI shall at all times afford reasonable facilities to the...

        7. Alterations, etc. to railway property

          1. 68.(1) If during the construction of a specified work or...

        8. Repayment of Network Rail’s fees etc.

          1. 69.The undertaker shall repay to NRI all reasonable fees, costs,...

        9. Maintenance of specified works

          1. 70.If at any time after the completion of a specified...

        10. Illuminated signs etc.

          1. 71.The undertaker shall not provide any illumination or illuminated sign...

        11. Alterations etc. to railway property : repayment of additional expenses

          1. 72.Any additional expenses which Network Rail may reasonably incur in...

        12. Indemnity

          1. 73.(1) The undertaker shall be responsible for and make good...

          2. 74.In the assessment of any sums payable under this Part...

          3. 75.The undertaker and NRI may enter into, and carry into...

      7. PART 7 protection of electricity and gas undertakers

        1. Interpretation

          1. 76.(1) In this Part of this Schedule— “alternative apparatus” means...

        2. Temporarily stopped up streets, etc: maintenance of apparatus

          1. 77.Notwithstanding the temporary stopping up or diversion of any highway...

        3. Acquisition of apparatus

          1. 78.Notwithstanding anything in this Order or shown on the deposited...

        4. Removal of apparatus: alternative apparatus

          1. 79.(1) If, in the exercise of the powers of this...

          2. 80.(1) Where, in accordance with the provisions of this Part...

        5. Protection of apparatus

          1. 81.(1) Not less than 56 days before commencing the execution...

        6. Stopped up highways: access to apparatus

          1. 82.Where, by reason of this Order, any part of any...

        7. Repayment of expenses

          1. 83.(1) Subject to the following provisions of this paragraph, the...

        8. Indemnity

          1. 84.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        9. Payment for redundant apparatus

          1. 85.(1) Where, by reason of the stopping up of any...

        10. Existing enactments and agreements

          1. 86.Nothing in this Part of this Schedule shall affect the...

      8. PART 8 protection for sewerage and water undertakers

        1. 87.In this Part of this Schedule— “alteration” includes the provision...

        2. No application where street works code applies

          1. 88.This Part of this Schedule (other than paragraphs 89 and...

        3. Disapplication of Schedule 11 in part

          1. 89.Paragraphs 1(1) and 2 of Schedule 11 to this Order...

        4. Acquisition of apparatus etc.

          1. 90.Notwithstanding anything in the Order or shown on the deposited...

        5. Exercise of powers respecting trial holes

          1. 91.The undertaker shall not, in the exercise of the powers...

        6. Access

          1. 92.(1) The undertaker shall ensure that the construction of the...

        7. Condition surveys

          1. 93.(1) Before commencing the construction or renewal of any specified...

        8. Prior investigation

          1. 94.(1) Prior to the submission of plans pursuant to paragraph...

        9. Plan approval

          1. 95.(1) Without prejudice to the other provisions of this Part...

          2. 96.(1) The specified works shall be constructed and in the...

          3. 97.(1) Subject to the following provisions of this Part of...

          4. 98.(1) An officer of the company duly appointed for the...

          5. 99.As soon as reasonably practicable after the completion of the...

    11. SCHEDULE 11

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

      1. Apparatus of statutory undertakers etc. on land acquired

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

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

        1. 2.(1) Where a street is stopped up under article 7...

      3. Railway and navigation undertakings

        1. 3.(1) Subject to the following provisions of this paragraph, the...

    12. SCHEDULE 12

      APPLICATION OF LOCAL LEGISLATION

      1. 1.Section 53(4), (6), (7), (8), (9), (10), (12) and (13)...

      2. 2.Sections 42 to 48 of and Schedule 2 to the...

      3. 3.Articles 5 to 7 of the Port of Tyne Harbour...

    13. SCHEDULE 13

      ENACTMENTS REPEALED AND CEASING TO HAVE EFFECT

    14. SCHEDULE 14

      LEVEL OF TOLLS

      1. PART 1 Initial toll level

        1. 1.On and from the appointed day the tolls chargeable in...

        2. Revision of toll levels between appointed day and the concession toll date

          1. 2.(1) The tolls payable in respect of any vehicle or...

          2. 3.(1) Whenever the undertaker proposes to revise the amount of...

        3. Toll levels on and from the concession toll date

          1. 4.(1) The undertaker may at any time within a period...

          2. 5.The undertaker may exercise its powers under paragraph 4(1) on...

          3. 6.(1) The tolls chargeable in respect of any vehicle or...

          4. 7.(1) Subject to sub-paragraph (2), the amount of tolls to...

          5. 8.The percentage increase referred to in paragraph 7 shall be...

          6. 9.Where a revision of the level of tolls pursuant to...

          7. 10.The amount of tolls to be charged in respect of...

          8. 11.The provisions of paragraphs 13 to 15 shall apply to...

          9. 12.(1) Whenever the undertaker proposes to make a determination that...

        4. Local Inquiries

          1. 13.Where paragraph 9 applies to any proposed revision and an...

          2. 14.(1) Where any objections have been made in accordance with...

          3. 15.(1) Where the undertaker has caused a local inquiry to...

        5. Further provision in respect of tolls

          1. 16.Section 13 of the 1976 Act as amended by this...

          2. 17.For section 13 of the 1976 Act there shall be...

        6. General Provisions as to Tolls

          1. 18.Any revision in tolls pursuant to the provisions of this...

          2. 19.(1) Subject to sub-paragraph (2), the references in this schedule...

      2. PART 2 the river tyne (tunnels) order 2005 (theorder”)

  10. Explanatory Note

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