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The High Speed Rail (London – West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018

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1.  The following provisions of the principal Act apply to the matters which are the subject of this Order on the general assumptions mentioned in paragraph 2—

(a)section 13 (extinction of rights of statutory undertakers), section 18 (enforcement of restrictions on land use), subsection (2) of section 22 (power to disapply deemed planning permission), section 28 (consecrated land), section 29 (commons and open spaces), section 30 (trees), section 43 (co-operation), section 44 (transfer of functions relating to works), section 51 (enforcement of environmental covenants) and section 64 (arbitration);

(b)paragraphs 1 (authority to survey and investigate land etc), 2 to 6 (support of buildings), 7 (trees on neighbouring land), 8 (discharge of water) and 10 (electronic communications apparatus) of Part 1 (further and supplementary provisions) and paragraphs 12 to 14 of Part 2 (exercise of powers of entry etc) of Schedule 2 (works);

(c)paragraphs 10, 12, 14, 16 and 17 of Part 3 (construction and maintenance of highways) of Schedule 4 (Highways);

(d)paragraph 4 (Acquisition of Land Act 1981) of Schedule 6 (Acquisition of Land: application of compulsory purchase legislation);

(e)paragraphs 1, 2 and 3 (water abstraction and impounding), 5 (floods), 6 (drainage) and 9 (interpretation) of Schedule 21 (water);

(f)paragraphs 1 (building regulations), 2 (drain repairs), 3 (drain disconnections) and 6 (interpretation) of Schedule 22 (buildings);

(g)paragraph 3 (permit schemes) of Schedule 24 (street works);

(h)paragraphs 1 (control of noise on construction sites), 2 and 3 (defences to proceedings relating to statutory nuisance) and 4 (disapplication of sections 61(9) and 65(8) of Control of Pollution Act 1974) of Schedule 27 (noise);

(i)paragraphs 1 (Highway (Railway Crossings) Act 1839 (c. 45)), 4 (Railways Clauses Consolidation Act 1845 (c. 20)), 5 (Railways Clauses Act 1863 (c. 92)) and 7 (British Transport Commission Act 1949 (c xxix)) of Schedule 29 (application of other railway legislation etc);

(j)Schedule 30 (arbitration between railway operators); and

(k)Parts 2 (electricity, gas, water and sewerage undertakers), 3 (electronic communications code networks) and 5 (land drainage, flood defence, water resources and fisheries) of Schedule 33 (protective provisions).

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