PART 2 WORKS PROVISIONS

Streets

14 Power to execute street works
1 Network Rail may, for the purposes of the authorised works, enter upon so much of any of the streets specified in Schedule 3 (streets subject to street works) to this Order as is within the Order limits and may—
(a) place apparatus in the street;
(b) maintain apparatus in the street or change its position; and
(c) execute any works required for or incidental to the authorised works or any works referred to in sub-paragraphs (a) and (b) (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
2 This article is subject to paragraph 3 of Schedule 9 (provisions relating to statutory undertakers etc.) to this Order.
3 In this article “apparatus” has the same meaning as in Part 3 of the Street Works Act.

15 Permanent stopping up of streets
1 Subject to the provisions of this article, Network Rail may, in connection with the construction of the authorised works, permanently stop up each of the streets specified in columns (1) and (2) of Parts 1 and 2 of Schedule 4 (streets to be permanently stopped up) to this Order to the extent specified in column (3) of that Schedule.
2 The street specified in columns (1) and (2) of Part 1 of Schedule 4 (streets to be permanently stopped up) to this Order (being a street to be stopped up for which a substitute is to be provided) shall not be wholly or partly stopped up under this article unless—
(a) the new street to be substituted for it, and which is specified in column (4) of that Part of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or
(b) a temporary alternative route, which has been approved by the street authority (such approval not to be unreasonably withheld) is available between the commencement and termination points of the street to be stopped up pending completion of the new street in accordance with sub-paragraph (a).
3 No street specified in columns (1) and (2) of Part 2 of Schedule 4 (streets to be permanently stopped up) to this Order (being a street to be stopped up for which no substitute is to be provided) shall be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the relevant land; and for this purpose “relevant land” means any 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; or
(b) there is no right of access to the land from the street concerned; or
(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 Network Rail may for the purposes of, or for purposes ancillary to, the authorised works in the London borough of Islington, narrow Turnmill Street between points N1 and N2 and Cowcross Street between points N3 and N4; and stop up the portions of those streets lying outside the narrowings.
6 Network Rail may for the purposes of, or for purposes ancillary to, the authorised works—
(a) in the London borough of Southwark, install stanchions in any part of Enid Street which lies between points N1 and N2 and any part of Almond Road which lies between points N3 and N4; and
(b) in the London borough of Lambeth, install stanchions in any part of Waterloo Road which lies between points N1 and N2;
and stop up those streets to the extent occupied by those works.
7 Where a street has been permanently stopped up under this article—
(a) all rights of way over or along the street so stopped up (other than, in the case of a stopping up under paragraph (1), a right on foot) shall be extinguished; and
(b) Network Rail may, without making any payment but subject to sections 77 to 85E of, and Schedules 1 to 3 to, the Railways Clauses Consolidation Act 1845 (which relate to minerals under railways) appropriate and use for the purposes of its railway undertaking so much of the site of the street as is bounded on both sides by land owned by Network Rail.
1845 c. 20.
8 Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
9 This article is subject to paragraph 2 of Schedule 9 (provisions relating to statutory undertakers etc.) to this Order.

16 Temporary stopping up of streets
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 prejudice to the generality of paragraph (1), Network Rail may use any street stopped up under the powers of this article as a temporary working site.
3 Network Rail shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.
4 Without prejudice to the generality of paragraph (1), Network Rail may exercise the powers of this article—
(a) in relation to the streets specified in columns (1) and (2) of Schedule 5 (streets to be temporarily stopped up) to this Order within the Order limits; and
(b) in the London borough of Southwark, in relation to so much of Southwark Street as lies between its junction with Southwark Bridge Road and Redcross Way; but so that the provisions of paragraph (2) shall not apply.
5 Network Rail shall not exercise the powers of 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, but such consent shall not be unreasonably withheld.
6 The provisions of the Street Works Act mentioned in paragraph (7) and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by Network Rail under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by Network Rail.
7 The provisions of the Street Works Act referred to in paragraph (6) are—
section 54 (advance notice of certain works);
section 55 (notice of starting date of works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route); and
all such other provisions as apply for the purposes of the provisions mentioned above.
8 Any person who suffers loss by the suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

17 Access to works
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, to the streets specified in columns (1) and (2) of Schedule 6 (access to works) to this Order at or about the points marked “A”; and
(b) with the approval of the highway authority (such approval not to be unreasonably withheld) form and lay out such means of access or improve existing means of access at such other locations within the Order limits as Network Rail reasonably requires for the purposes of the authorised works.
2 The provisions of paragraph (1)(a) in respect of Turnmill Street and Farringdon Road in the London borough of Islington and Withdean Road/Station Road in the City of Brighton and Hove shall extend only to the formation and laying out of pedestrian access or improving existing means of pedestrian access.

18 Construction and maintenance of new or altered streets
1 Any street to be constructed under this Order shall be completed to the reasonable satisfaction of the highway authority and shall, unless otherwise agreed, be maintained by and at the expense of Network Rail for a period of 24 months from its completion and at the expiry of that period by and at the expense of the highway authority.
2 Where a street is altered or diverted under this Order, the altered or diverted part of the street shall when completed to the reasonable satisfaction of the street authority, unless otherwise agreed, be maintained by and at the expense of Network Rail for a period of 24 months from its completion and at the expiry of that period by and at the expense of the street authority.
3 Paragraphs (1) and (2) do not apply in relation to the structure of any bridge or tunnel carrying a street over or under any railway of Network Rail.
4 Except as provided in this article and notwithstanding anything in section 46 of the Railways Clauses Consolidation Act 1845 as incorporated in this Order, Network Rail shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed, or the immediate approaches to any such highway.
1845 c. 20.
5 Nothing in this article shall prejudice the operation of section 87 of the Street Works Act (prospectively maintainable highways); and Network Rail shall not by reason of any duty under this article to maintain a street be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act.
6 Nothing in this article shall have effect in relation to street works as respects which the provisions of Part 3 of the Street Works Act apply.

19 Construction of bridges and tunnels
Any bridge or tunnel to be constructed or reconstructed under this Order for carrying a highway over or under a railway shall be constructed or reconstructed in accordance with plans and specifications approved by the highway authority, but such approval shall not be unreasonably withheld.

20 Agreements with street authorities
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 maintenance of the structure of any bridge carrying a street over a railway;
(c) any stopping up, alteration or diversion of a street under the powers conferred by this Order; or
(d) the execution in the street of any of the works referred to in article 14(1) (power to execute street works).
2 Such an agreement may, without prejudice to the generality 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.