Introductory Text
PART 1 PRELIMINARY
1.Citation and commencement
2.Interpretation
PART 2 WORKS PROVISIONS
Principal powers
3.Power to construct and maintain works
Supplemental powers
4.Power to survey and investigate land
5.Discharge of water
6.Felling or lopping of trees
PART 3 CROSSINGS AND HIGHWAYS
7.Closure of level crossings subject to opening of new rights of way
8.Stopping up of streets
9.Temporary stopping up and diversion of streets
10.Creation and maintenance of new highways
11.Access to works
12.Power to execute street works
13.Agreements with street authorities
PART 4 ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
14.Power to acquire land
15.Application of Part 1 of the 1965 Act
16.Application of the 1981 Act
17.Power to acquire new rights
18.Power to acquire subsoil or airspace only
Temporary possession or use of land
19.Temporary use of land in connection with the development
20.Temporary use of land for access
Compensation
21.Disregard of certain interests and improvements
22.Set-off for enhancement in value of retained land
Supplementary
23.Extinction or suspension of private rights of way
24.Open space
25.Time limit for exercise of powers of acquisition and temporary use of land
PART 5 MISCELLANEOUS AND GENERAL
26.Planning permission
27.Power to transfer undertaking
28.Agreements with Network Rail
29.Defence to proceedings in respect of statutory nuisance
30.Protection of interests
31.Consents, agreement, certifications and approvals
32.Amendment of local legislation
33.Certification of plans, etc.
34.Service of notices
35.No double recovery
36.Arbitration
Signature
SCHEDULES
SCHEDULE 1
PLANNING PERMISSIONS
SCHEDULE 2
REPLACEMENT AND CLOSURE OF LEVEL CROSSINGS
SCHEDULE 3
STREETS TO BE STOPPED UP
PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
PART 2 STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
SCHEDULE 4
STREETS TO BE TEMPORARILY STOPPED UP
SCHEDULE 5
LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
SCHEDULE 6
MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
Compensation enactments
1.The enactments for the time being in force with respect...
2.(1) Without limitation on the scope of paragraph 1, the...
3.(1) Without limitation on the scope of paragraph 1, the...
Application of Part 1 of the 1965 Act
4.Part 1 (compulsory purchase under Acquisition of Land Act 1946)...
5.(1) The modifications referred to in paragraph 4(a) are as...
SCHEDULE 7
LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 8
LAND ON WHICH A TEMPORARY RIGHT OF ACCESS MAY BE EXERCISED
SCHEDULE 9
TEMPORARY WORKSITES
SCHEDULE 10
PROTECTIVE PROVISIONS
PART 1 FOR THE PROTECTION OF STATUTORY UNDERTAKERS, ETC.
Apparatus of statutory undertakers, etc. on land acquired
1.(1) Sections 271 to 274 (extinguishment of rights of statutory...
Apparatus of statutory undertakers, etc. in stopped up highways
2.(1) Where a highway is stopped up under article 7...
PART 2 FOR THE PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
3.The following provisions of this Part have effect, unless otherwise...
4.In this Part of this Schedule— “construction” includes execution, placing,...
5.(1) Where under this Part of this Schedule Network Rail...
6.(1) The Council must not exercise the powers conferred by—...
7.(1) The Council must before commencing construction of any specified...
8.(1) Any specified work and any protective works to be...
9.The Council must— (a) at all times afford reasonable facilities...
10.Network Rail must at all times afford reasonable facilities to...
11.(1) If any permanent or temporary alterations or additions to...
12.The Council must repay to Network Rail all reasonable fees,...
13.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...
14.If at any time after the completion of a specified...
15.The Council must not provide any illumination or illuminated sign...
16.Any additional expenses which Network Rail may reasonably incur in...
17.(1) The Council must pay to Network Rail all reasonable...
18.Network Rail must, on receipt of a request from the...
19.In the assessment of any sums payable to Network Rail...
20.The Council and Network Rail may, subject in the case...
21.Nothing in this Order, or in any enactment incorporated with...
22.The Council must give written notice to Network Rail if...
23.The Council must no later than 28 days from the...
24.In relation to any dispute arising under this part of...
PART 3 FOR THE PROTECTION OF THE TYNE & WEAR PASSENGER TRANSPORT EXECUTIVE
25.The following provisions of this Part of this Schedule have...
26.In this Part of this Schedule— “construction” includes execution, placing,...
27.(1) Where under this Part of this Schedule Nexus is...
28.(1) The Council must not exercise the powers conferred by—...
29.(1) The Council must, before commencing construction of any specified...
30.(1) Any specified work and any protective works to be...
31.The Council must— (a) at all times afford reasonable facilities...
32.Nexus must at all reasonable times afford reasonable facilities to...
33.(1) If any permanent or temporary alterations or additions to...
34.The Council must repay to Nexus all reasonable fees, costs,...
35.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...
36.If at any time after the completion of a specified...
37.The Council must not provide any illumination or illuminated sign...
38.Any additional expenses which Nexus may reasonably incur in altering,...
39.(1) The Council must pay to Nexus all reasonable costs,...
40.Nexus must, on receipt of a request from the Council,...
41.In the assessment of any sums payable to Nexus under...
42.The Council and Nexus may enter into, and carry into...
43.Nothing in this Order, or in any enactment incorporated with...
44.The Council must give written notice to Nexus where any...
45.The Council must no later than 28 days from the...
Explanatory Note