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The Croxley Rail Link Order 2013

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  1. Introductory Text

  2. PART 1

    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

    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

      3. 9.Temporary stopping up of streets

      4. 10.Access to works

      5. 11.Construction and maintenance of new or altered streets

      6. 12.Use of private roads for construction

    3. Supplemental powers

      1. 13.Discharge of water

      2. 14.Power to survey and investigate land

      3. 15.Temporary interference with waterways

  4. PART 3

    1. Powers of acquisition

      1. 16.Power to acquire land

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

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

      4. 19.Power to acquire new rights

      5. 20.New rights etc. only to be acquired in certain lands

      6. 21.Power to acquire subsoil or airspace only

      7. 22.Rights under or over streets

    2. Temporary possession of land

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

      2. 24.Temporary use of land for maintenance of works

    3. Compensation

      1. 25.Disregard of certain interests and improvements

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

    4. Supplementary

      1. 27.Acquisition of part of certain properties

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

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

      4. 30.Access to Cinnamond House

  5. PART 4

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

    2. 32.Planning permission

    3. 33.Power to lop trees overhanging the authorised works

    4. 34.Power to transfer undertaking

    5. 35.Power to operate and use railway

    6. 36.Transfer of former Croxley Green Branch line

    7. 37.Obstruction of construction of authorised works

    8. 38.Trespass

    9. 39.Disclosure of confidential information

    10. 40.Water abstraction

    11. 41.Statutory undertakers etc.

    12. 42.Protection of interests

    13. 43.Disposal of land to LUL

    14. 44.Certification of plans etc.

    15. 45.Service of notices

    16. 46.No double recovery

    17. 47.Arbitration

  6. Signature

  7. SCHEDULES

    1. SCHEDULE 1

      SCHEDULED WORKS

      1. In the County of Hertfordshire, Districts of Three Rivers and Watford

      2. In the County of Hertfordshire, District of Watford

    2. SCHEDULE 2

      ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS

    3. SCHEDULE 3

      STREET TO BE STOPPED UP

    4. SCHEDULE 4

      STREETS TO BE TEMPORARILY STOPPED UP

    5. SCHEDULE 5

      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 has effect with the modifications necessary...

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

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

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

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

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

        7. 9.Section 22 of the 1965 Act (interests omitted from purchase)...

    6. SCHEDULE 6

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

    7. SCHEDULE 7

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      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...

    9. SCHEDULE 9

      PROTECTIVE PROVISIONS

      1. PART 1 PROTECTION FOR ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

        1. 1.(1) The following provisions of this Part of this Schedule...

        2. 2.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. 3.This Part of this Schedule does not apply to apparatus...

        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 Part...

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

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

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

        10. 10.Nothing in this Schedule affects the provisions of any enactment...

      2. PART 2 PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 11.(1) The following provisions of this Part of this Schedule...

        2. 12.(1) Subject to sub-paragraphs (2) to (4), if as the...

        3. 13.This Part of this Schedule does not apply to—

        4. 14.Nothing in this Part of this Schedule affects the provisions...

      3. PART 3 PROTECTION FOR NETWORK RAIL

        1. 15.The following provisions of this Part of this Schedule have...

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

        3. 17.(1) Where under this Part of this Schedule Network Rail...

        4. 18.(1) The Council must not exercise the powers conferred by...

        5. 19.(1) The Council must before commencing construction of any specified...

        6. 20.(1) Any specified work and any protective works to be...

        7. 21.The Council must— (a) at all times afford reasonable facilities...

        8. 22.Network Rail must at all times afford reasonable facilities to...

        9. 23.(1) If any permanent or temporary alterations or additions to...

        10. 24.The Council must repay to Network Rail all reasonable fees,...

        11. 25.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 26.The Council must not provide any illumination or illuminated sign...

        13. 27.If at any time after the completion of a specified...

        14. 28.Any additional expenses which Network Rail may reasonably incur in...

        15. 29.(1) The Council must pay to Network Rail all reasonable...

        16. 30.Network Rail must, on receipt of a request from the...

        17. 31.In the assessment of any sums payable to Network Rail...

        18. 32.The Council must no later than 28 days from the...

      4. PART 4 PROTECTION FOR LUL

        1. 33.The following provisions of this Part of this Schedule have...

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

        3. 35.The provisions of Schedule 8 (provisions relating to statutory undertakers...

        4. 36.(1) The Council must not in the exercise of the...

        5. 37.(1) The Council must not under the powers of this...

        6. 38.The Council must, before commencing the construction of any part...

        7. 39.The engineer’s approval under paragraph 38 must not be unreasonably...

        8. 40.If within 56 days after the plans have been supplied...

        9. 41.Upon signifying approval or disapproval of the plans the engineer...

        10. 42.The Council must give to the engineer not less than...

        11. 43.The construction of the specified works, any protective works and...

        12. 44.Nothing in paragraph 43 imposes any liability on the Council...

        13. 45.The Council must at all times afford reasonable facilities to...

        14. 46.During the construction of any works by LUL under this...

        15. 47.If any alterations or additions, either permanent or temporary, to...

        16. 48.The Council must in the design and construction of the...

        17. 49.If the cost of maintaining, working or renewing its railway...

        18. 50.The Council must repay to LUL all reasonable costs, charges...

        19. 51.The Council must be responsible for, and make good to...

        20. 52.(1) Any liability of the Council under paragraph 51 is...

        21. 53.Any difference arising between the Council and LUL under this...

      5. PART 5 PROTECTION FOR THE CANAL & RIVER TRUST

        1. Interpretation

          1. 54.(1) The following provisions of this Part of this Schedule...

        2. Powers requiring the Trust’s consent

          1. 55.(1) The Council must not under the powers conferred by...

        3. Vehicles, plant and machinery

          1. 56.The Council must not use any land or property of...

        4. Fencing

          1. 57.Where required by the engineer the Council must to the...

        5. Survey of waterway

          1. 58.(1) Before the commencement of the initial construction of any...

        6. Approval of plans, protective works etc.

          1. 59.(1) The Council must before commencing construction of any specified...

        7. Design of works

          1. 60.Without affecting its obligations under the provisions of this Part...

        8. Notice of works

          1. 61.The Council must give to the engineer 56 days’ notice...

        9. Lighting

          1. 62.The Council must provide and maintain at its own expense...

        10. Construction of specified works

          1. 63.(1) Any specified or protective works must, when commenced, be...

        11. Prevention of pollution

          1. 64.The Council must not in the course of constructing a...

        12. Access to work: provision of information

          1. 65.(1) The Council on being given reasonable notice must—

        13. Alterations to waterway

          1. 66.(1) If during the construction of a specified work or...

        14. Maintenance of works

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

        15. Repayment of the Trust’s fees, etc.

          1. 68.The Council must repay to the Trust all fees, costs,...

        16. Costs of alterations, etc.

          1. 69.Any additional expenses which the Trust may reasonably incur in...

        17. Making good of detriment; compensation and indemnity, etc.

          1. 70.(1) If any detriment is caused by the construction or...

        18. Details of capitalised sums to be provided

          1. 71.If the Trust or the Council cannot jointly agree the...

        19. Arbitration

          1. 72.Any difference arising between the Council and the Trust under...

      6. PART 6 PROTECTION FOR THE ENVIRONMENT AGENCY

        1. 73.(1) The following provisions of this Part of this Schedule...

        2. 74.(1) Before beginning to construct any specified work, the Council...

        3. 75.Without limitation on the scope of paragraph 74, the requirements...

        4. 76.(1) Subject to sub-paragraph (2), any specified work, and all...

        5. 77.(1) Subject to sub-paragraph (5) the Council must from the...

        6. 78.Subject to paragraph 80, if by reason of the construction...

        7. 79.(1) The Council must take all such measures as may...

        8. 80.Nothing in paragraphs 76(4), 77(3), 78, 79(3) and (4) authorises...

        9. 81.The Council must indemnify the Agency in respect of all...

        10. 82.(1) Without affecting the other provisions of this Part of...

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

        12. 84.For the purposes of section 109 of the Water Resources...

        13. 85.Any dispute arising between the Council and the Agency under...

  8. Explanatory Note

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