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The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Incorporation of Railways Clauses Acts

    4. 4.Application of the 1991 Act

  3. PART 2 WORKS PROVISIONS

    1. Principal powers

      1. 5.Power to construct and maintain works

      2. 6.Power to deviate

    2. Streets

      1. 7.Power to execute street works

      2. 8.Stopping up of streets

      3. 9.Highways subject to redesignation

      4. 10.Temporary stopping up of streets

      5. 11.Traffic regulation

      6. 12.Access to works

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

      8. 14.Construction of bridges

      9. 15.Agreements with street authorities

    3. Level crossings

      1. 16.Alterations to level crossings as a result of the authorised works

      2. 17.Provision of new level crossings in substitution for existing level crossings

      3. 18.Stopping up of level crossings

    4. Supplemental powers

      1. 19.Discharge of water

      2. 20.Protective works to buildings

      3. 21.Power to survey and investigate land

  4. PART 3 ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 22.Power to acquire land

      2. 23.Application of Part 1 of the Compulsory Purchase Act 1965

      3. 24.Application of the Compulsory Purchase (Vesting Declarations) Act 1981

      4. 25.Power to acquire new rights

      5. 26.Rights under or over streets

    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

      2. 30.Set-off for enhancement in value of retained land

    4. Supplementary

      1. 31.Acquisition of part of certain properties

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

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

  5. PART 4 MISCELLANEOUS AND GENERAL

    1. 34.Planning permission and supplementary matters

    2. 35.Power to lop trees overhanging the authorised works

    3. 36.Power to operate and use railway

    4. 37.Power to transfer undertaking

    5. 38.Power to charge fares

    6. 39.Agreements with Network Rail

    7. 40.Proceedings in respect of statutory nuisance

    8. 41.Application of landlord and tenant law

    9. 42.Obstruction of construction of authorised works

    10. 43.Trespass

    11. 44.Disclosure of confidential information

    12. 45.Statutory undertakers, etc.

    13. 46.Protective provisions

    14. 47.As to application of certain railway enactments

    15. 48.Application of the Land Drainage Act 1991

    16. 49.Certification of plans, etc.

    17. 50.Service of notices

    18. 51.No double recovery

    19. 52.Arbitration

  6. Signature

  7. SCHEDULES

    1. SCHEDULE 1

      SCHEDULED WORKS

    2. SCHEDULE 2

      STREETS SUBJECT TO STREET WORKS

    3. SCHEDULE 3

      STREETS TO BE PERMANENTLY 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

      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. Application 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...

    7. SCHEDULE 7

      LEVEL CROSSINGS

      1. PART 1 LEVEL CROSSINGS ALTERED AS A RESULT OF THE AUTHORISED WORKS

      2. PART 2 NEW LEVEL CROSSINGS TO BE PROVIDED IN SUBSTITUTION FOR EXISTING LEVEL CROSSINGS

      3. PART 3 LEVEL CROSSINGS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    9. SCHEDULE 9

      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 8...

      3. Railway and navigation undertakings

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

    10. SCHEDULE 10

      PROTECTIVE PROVISIONS

      1. PART 1 PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED

        1. 1.The following provisions of this Schedule shall have effect unless...

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

        3. 3.(1) Where under this Schedule Network Rail is required to...

        4. 4.(1) The undertaker shall not exercise the powers conferred by...

        5. 5.(1) The undertaker shall before commencing construction of any specified...

        6. 6.(1) Any specified work and any protective works to be...

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

        8. 8.Network Rail shall at all times afford reasonable facilities to...

        9. 9.(1) If during the construction of a specified work or...

        10. 10.The undertaker shall repay to Network Rail all reasonable fees,...

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

        12. 12.The undertaker shall not provide any illumination or illuminated sign...

        13. 13.Any additional expenses which Network Rail may reasonably incur in...

        14. 14.(1) The undertaker shall pay to Network Rail all reasonable...

        15. 15.Network Rail shall, on receipt of a request from the...

        16. 16.In the assessment of any sums payable to Network Rail...

        17. 17.The undertaker and Network Rail may, subject in the case...

      2. PART 2 PROTECTION OF NATIONAL GRID GAS PLC

        1. Interpretation

          1. 18.(1) In this Part of this Schedule— “alternative apparatus” means...

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

          1. 19.(1) Notwithstanding the temporary stopping up or diversion of any...

        3. Acquisition of apparatus

          1. 20.Notwithstanding anything in this Order or shown on the works...

        4. Removal of apparatus: alternative apparatus

          1. 21.(1) If, in the exercise of the powers conferred by...

          2. 22.(1) Where, in accordance with the provisions of this Part...

        5. Protection of apparatus

          1. 23.(1) Not less than 56 days before commencing the execution...

        6. Stopped up highways: access to apparatus

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

        7. Repayment of expenses

          1. 25.(1) Subject to the following provisions of this paragraph, the...

        8. Indemnity

          1. 26.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        9. Payment for redundant apparatus

          1. 27.(1) Where, by reason of the stopping up of any...

        10. Existing enactments and agreements

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

      3. PART 3 PROTECTION OF CABLE AND WIRELESS PLC

        1. 29.(1) The provisions of this Part of this Schedule shall...

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

        3. 31.If C&W suffers damage by reason or in consequence of...

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

  8. Explanatory Note

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