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The Network Rail (Hope Valley Capacity) Order 2018

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Temporary traffic regulation

35.—(1) Subject to the provisions of this article Network Rail, may for the purposes of and during the construction of the authorised works—

(a)permit, prohibit, suspend or restrict the stopping, waiting, parking, loading or unloading of vehicles in the manner specified in Part 1 of Schedule 9 (temporary traffic regulation) on those streets specified in column (3) and between the points and to the extent specified in columns (4) and (5) of that Part of that Schedule; and

(b)make provision as to the restriction on the speed of vehicular traffic in the manner specified in Part 2 of Schedule 9 on the streets specified in column (3) between the points and to the extent specified in column (4) of that Part of that Schedule; and

(c)so far as may be necessary or expedient for the purposes of or in connection with construction of the authorised works—

(i)revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(ii)permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(iii)suspend or authorise the use as a parking place of any road;

(iv)make provision as to the direction or priority of vehicular traffic on any road; and

(v)permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by Network Rail.

(2) The powers conferred by paragraph (1)(c) may only be exercised after Network Rail has consulted the chief officer of police and such other persons as it considers necessary and appropriate, after Network Rail has taken into consideration any representations made to it by any such person and after Network Rail has obtained the consent of the traffic authority in whose area the road concerned is situated (which must not be unreasonably withheld but may be given subject to reasonable conditions).

(3) Network Rail must not exercise the powers conferred by this article in relation to any road unless it has—

(a)given not less than 4 weeks’ notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b)advertised its intention in such manner as the traffic authority may within 7 days of its receipt of notice of Network Rail’s intention specify in writing.

(4) Any prohibition, suspension or other provision made by Network Rail under paragraph (1) has effect as if duly made by, as the case may be—

(a)the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(b)the local authority in whose area the road is situated, as an order under section 32 of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 9) to which the prohibition, restriction or other provision is subject.

(5) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by Network Rail from time to time by subsequent exercise of the powers of paragraph (1).

(6) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(7) The powers conferred on Network Rail by this article with respect to any road have effect subject to any agreement entered into by Network Rail with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

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