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The Ouseburn Barrage Order 2007

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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 works and survey

      2. 4.Power to deviate

    2. Streets

      1. 5.Power to execute street works

      2. 6.Stopping up of streets and extinguishment of rights

      3. 7.Temporary stopping up of streets

      4. 8.Application of the 1991 Act

    3. Supplementary powers and provisions

      1. 9.Power to dredge etc.

      2. 10.Cables, pipes or wires under or over tidal water or tidal lands

      3. 11.Ouseburn not to be a reservoir

      4. 12.Agreements with owners of land and others for construction of works

      5. 13.Temporary closing of Ouseburn in connection with works

      6. 14.Diversion of flow of water

      7. 15.Power to take, pump, impound and discharge water

      8. 16.Deposits in Ouseburn

  4. PART 3 PROVISIONS RELATING TO TIDAL WORKS

    1. 17.Tidal works not to be executed without approval of Secretary of State

    2. 18.Lights on tidal works during construction

    3. 19.Provisions against danger to navigation

    4. 20.Abatement of works abandoned or decayed

    5. 21.Survey of tidal works

    6. 22.Permanent lights on tidal works

  5. PART 4 ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 23.Power to acquire land

      2. 24.Application of Part 1 of Compulsory Purchase Act 1965

      3. 25.Vesting declarations

      4. 26.Power to acquire new rights

      5. 27.Power to acquire subsoil only

    2. Temporary possession of land

      1. 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 etc. over land

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

  6. PART 5 OPERATION OF SCHEDULED WORKS ETC.

    1. 33.Power to operate scheduled works

    2. 34.Misuse of scheduled works, etc.

    3. Navigation

      1. 35.Extinguishment of navigation rights etc. in upstream Ouseburn

      2. 36.Navigation etc. in vicinity of scheduled works

      3. 37.Removal of vessels

      4. 38.Arbitration in respect of removal of vessels

      5. 39.Removal of obstructions other than vessels

      6. 40.Arbitration in respect of removal of obstructions other than vessels

      7. 41.Removal of projections

      8. 42.Arbitration against notices under article 41

      9. 43.Emergency powers and consents

    4. Byelaws

      1. 44.Byelaws

  7. PART 6 PROTECTIVE PROVISIONS

    1. 45.Protection of certain persons

    2. 46.Saving for Trinity House

    3. 47.Crown rights

    4. 48.Minerals

    5. 49.Access to scheduled works

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 50.Power to transfer undertaking

    2. 51.Obstructing execution of Order

    3. 52.Defence of due diligence

    4. 53.Certification of plans etc.

    5. 54.Arbitration

    6. 55.No double recovery

    7. 56.Service of notices

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      DESCRIPTION OF THE SCHEDULED WORKS

    2. SCHEDULE 2

      STREETS SUBJECT TO STREET WORKS AND TO BE TEMPORARILY STOPPED UP

    3. SCHEDULE 3

      STREET TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

    4. SCHEDULE 4

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

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

      2. 2.(1) Without prejudice to the generality of paragraph 1, the...

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

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

      5. 5.For section 8 of the 1965 Act (provisions as to...

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

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

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

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

    5. SCHEDULE 5

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

      1. Apparatus of statutory undertakers etc. on land acquired

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

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

        1. 2.(1) Where a street is stopped up under article 6...

    6. SCHEDULE 6

      PROTECTION OF CERTAIN PERSONS

      1. PART 1 PROVISIONS FOR THE PROTECTION OF THE PORT AUTHORITY

        1. Interpretation

          1. 1.(1) For the protection of the Port Authority, the provisions...

        2. Works in the upstream Ouseburn

          1. 2.(1) Not later than 28 days before—

        3. Removal of temporary works

          1. 3.After the purpose of any temporary works has been accomplished,...

        4. Facilities for navigation

          1. 4.(1) The Council shall pay to the Port Authority the...

        5. Details to be submitted to Port Authority

          1. 5.On completion of the construction of the scheduled works the...

        6. Survey of the bed of the Ouseburn

          1. 6.(1) Before the construction of the scheduled works is commenced,...

        7. Remedy in case of accumulation or erosion

          1. 7.(1) If, during the construction of a tidal work or...

        8. Further protection for the Port Authority

          1. 8.(1) Without prejudice to the other provisions of this Part,...

        9. Liability of the Council

          1. 9.The fact that any work or thing has been executed...

      2. PART 2 PROVISIONS FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. Interpretation

          1. 10.(1) For the protection of the Environment Agency the provisions...

        2. Approval of plans

          1. 11.(1) Before beginning to construct any specified work, the Council...

        3. Conditions relating to works

          1. 12.(1) Without prejudice to the generality of sub-paragraph 11(4), the...

        4. Accumulation and erosion

          1. 13.(1) If, during the construction of any specified work, or...

        5. Repair of specified works

          1. 14.(1) Before commencing the construction of a specified work the...

          2. 15.If by reason of any specified work or by reason...

        6. Protection of fishery

          1. 16.(1) Without prejudice to the other provisions of this Part,...

        7. Indemnities

          1. 17.(1) The Council shall indemnify the Environment Agency in respect...

        8. Deemed consents

          1. 18.For the purposes of Chapter 2 of Part 2 of...

        9. Disputes

          1. 19.Any dispute arising between the Council and the Environment Agency...

      3. PART 3 PROVISIONS FOR THE PROTECTION OF NORTHUMBRIAN WATER

        1. Outfall surveys and remedial works

          1. 20.For the protection of Northumbrian Water the provisions of this...

          2. 21.(1) In this Part— “outfall survey” means a survey conducted...

        2. Indemnity

          1. 22.(1) The Council shall be responsible for and make good...

      4. PART 4 PROVISIONS FOR THE PROTECTION OF THE PORT HEALTH AUTHORITY

        1. 23.Nothing in this Order shall prejudice, alter, affect or interfere...

        2. 24.Not later than 28 days before— (a) starting to carry...

      5. PART 5 PROVISIONS FOR THE PROTECTION OF THOSE WITH AN INTEREST IN NAVIGATION IN THE OUSEBURN OR THE ENVIRONMENT AND AMENITIES OF THE OUSEBURN

        1. 25.The Council shall, prior to the commencement of the scheduled...

        2. 26.The consultative body may meet at such times as it...

        3. 27.The Council shall take into consideration any matter, recommendation or...

        4. 28.If the Council determines not to follow any advice or...

        5. 29.The consultative body established pursuant to this article shall consist...

        6. 30.Subject to paragraph 29, appointments to the consultative body established...

        7. 31.The Council shall provide reasonable accommodation for the meetings of...

        8. 32.The consultative body may determine its own quorum and procedure...

        9. 33.An individual member of the consultative body may, on giving...

        10. 34.A member of the consultative body shall hold office for...

        11. 35.A member of the consultative body may resign his office...

        12. 36.This Part shall cease to have effect in the event...

  11. Explanatory Note

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