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The Network Rail (Nuneaton North Chord) Order 2010

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  1. Introductory Text

  2. PART 1

    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

    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 street and extinguishment and creation of rights

      3. 9.Temporary stopping up of streets

      4. 10.Access to works

      5. 11.Agreements with street authorities

    3. Specific works

      1. 12.Canal Farm Road and Work No. 3: rights

      2. 13.Temporary closure of and works in Coventry Canal

    4. Supplemental powers

      1. 14.Discharge of water

      2. 15.Power to survey and investigate land

  4. PART 3

    1. Powers of acquisition

      1. 16.Power to acquire land

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

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

      4. 19.Power to acquire new rights

    2. Temporary possession of land

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

    3. Compensation

      1. 21.Disregard of certain interests and improvements

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

    4. Supplementary

      1. 23.Acquisition of part of certain properties

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

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

  5. PART 4

    1. 26.Defence to proceedings in respect of statutory nuisance

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

    3. 28.Planning permission and supplementary matters

    4. 29.Obstruction of construction of authorised works

    5. 30.Statutory undertakers, etc.

    6. 31.Protection for specified undertakers

    7. 32.Protection for operators of electronic communications code networks

    8. 33.Protection for the Environment Agency

    9. 34.Certification of plans, etc.

    10. 35.Service of notices

    11. 36.No double recovery

    12. 37.Arbitration

  6. Signature

  7. SCHEDULES

    1. SCHEDULE 1

      SCHEDULED WORKS

    2. SCHEDULE 2

      STREET TO BE STOPPED UP

    3. SCHEDULE 3

      STREETS TO BE TEMPORARILY STOPPED UP

    4. SCHEDULE 4

      ACQUISITION OF LAND

      1. PART 1 ACQUISITION OF LAND FOR CONSTRUCTION OF THE AUTHORISED WORKS

      2. PART 2 ACQUISITION OF LAND FOR SPECIFIED PURPOSES

    5. SCHEDULE 5

      ACQUISITION OF RIGHTS, ETC.

    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 limitation on the scope 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

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      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 street

        1. 2.(1) Where a street is stopped up under article 8...

      3. Navigation undertakings

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

    9. SCHEDULE 9

      PROTECTION FOR SPECIFIED UNDERTAKERS

      1. 1.(1) For the protection of the undertakers referred to in...

      2. 2.In this Schedule— “alternative apparatus” means alternative apparatus adequate to...

      3. 3.This Schedule does not apply to apparatus in respect of...

      4. 4.Regardless of any provision in this Order or anything shown...

      5. 5.(1) If, in the exercise of the powers conferred by...

      6. 6.(1) Where, in accordance with the provisions of this Schedule,...

      7. 7.(1) Not less than 28 days before starting the execution...

      8. 8.(1) Subject to the following provisions of this paragraph, Network...

      9. 9.(1) Subject to sub-paragraphs (2) and (3), if by reason...

      10. 10.Nothing in this Schedule shall affect the provisions of any...

    10. SCHEDULE 10

      PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

      1. 1.(1) For the protection of any operator, the following provisions...

      2. 2.The temporary stopping up or diversion of any highway under...

      3. 3.(1) Subject to sub-paragraphs (2) to (4), if as the...

    11. SCHEDULE 11

      PROTECTION FOR THE ENVIRONMENT AGENCY

      1. 1.(1) The following provisions shall apply for the protection of...

      2. 2.(1) Before beginning to construct any specified work, Network Rail...

      3. 3.Without limitation on the scope of paragraph 2, the requirements...

      4. 4.(1) Subject to sub-paragraph (2), any specified work, and all...

      5. 5.(1) Subject to the provisions of this Schedule and except...

      6. 6.Subject to paragraph 8, if by reason of the construction...

      7. 7.(1) Network Rail shall take all such measures as may...

      8. 8.Nothing in paragraphs 4(4), 5(3), 6, 7(3) and (4) shall...

      9. 9.Network Rail shall indemnify the Agency in respect of all...

      10. 10.(1) Without affecting the other provisions of this Schedule, Network...

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

      12. 12.For the purposes of Chapter 2 of Part 2 of...

      13. 13.Any dispute arising between Network Rail and the Agency under...

  8. Explanatory Note

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