The Borough of Poole (Poole Harbour Opening Bridges) Order 2006

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 WORKS PROVISIONS

   1. Principal powers

      1. 3. Power to construct etc. works

      2. 4. Power to deviate

      3. 5. Power to make subsidiary works

      4. 6. Power to dredge for purposes of authorised works, etc.

   2. Streets

      1. 7. Power to execute street works

      2. 8. Stopping up of streets and extinguishment of rights

      3. 9. Temporary stopping up of streets

      4. 10. Access to works

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

      6. 12. Agreements with street authorities

   3. Supplementary

      1. 13. Provisions relating to operation of bridges

      2. 14. Drainage of authorised works

      3. 15. Protective works to buildings

      4. 16. Power to survey and investigate land

      5. 17. Temporary closing of the Back Water Channel in connection with works

4. PART 3 ACQUISITION AND POSSESSION OF LAND

   1. Powers of acquisition

      1. 18. Power to acquire land

      2. 19. Application of Part 1 of Compulsory Purchase Act 1965

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

      4. 21. Power to acquire new rights

      5. 22. Power to acquire subsoil only

   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

   4. Supplementary

      1. 26. Acquisition of part only of certain properties

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

      3. 28. Use of subsoil

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

5. PART 4 PROVISIONS RELATING TO TIDAL WORKS

   1. 30. Tidal works not to be executed without approval of Secretary of State

   2. 31. Lights on tidal works

   3. 32. Provision against danger to navigation

   4. 33. Abatement of works abandoned or decayed

   5. 34. Survey of tidal works

   6. 35. Permanent lights on tidal works

   7. 36. Obstruction of authorised works and misuse of new bridge

   8. 37. Removal of vessels

   9. 38. Removal of obstructions

6. PART 5 MISCELLANEOUS AND GENERAL

   1. 39. Power to make byelaws

   2. 40. Saving for Trinity House

   3. 41. Protection of Poole Harbour Commissioners

   4. 42. Further protection of Poole Harbour Commissioners and users of the Back Water Channel

   5. 43. For the protection of the Environment Agency

   6. 44. Statutory undertakers, etc.

   7. 45. Management arrangements

   8. 46. Repeals and revocations

   9. 47. Certification of plans, etc.

   10. 48. Service of notices

   11. 49. No double recovery

   12. 50. Arbitration

7. Signature

8. SCHEDULES

   1. SCHEDULE 1

      SCHEDULED WORKS

   2. SCHEDULE 2

      ACQUISITION OF CERTAIN LAND

   3. SCHEDULE 3

      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 prejudice to the generality of paragraph 1, the...

      2. Adaptation 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 (which relates 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...

   4. SCHEDULE 4

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

   5. SCHEDULE 5

      PROTECTION OF POOLE HARBOUR COMMISSIONERS

      1. 1. For the protection of the Commissioners, the following provisions shall...

      2. 2. In this Schedule— “accumulation” means any accumulation of silt or...

      3. 3. Section 20(1) of the Poole Harbour Act 1914 (which requires...

      4. 4. The Council shall at all reasonable times during construction of...

      5. 5. After the purpose of any temporary works has been accomplished,...

      6. 6. If, during the construction of a tidal work or within...

      7. 7. Should any accumulation or erosion in consequence of such construction...

      8. 8. For the purpose of paragraphs 6 and 7—

      9. 9. In the event that surveys, inspections, tests and sampling carried...

      10. 10. For the purposes of paragraph 6 the date of completion...

      11. 11. The Council shall— (a) pay to the Commissioners the reasonable...

      12. 12. Without prejudice to the other provisions of this Schedule, the...

      13. 13. Without prejudice to the generality of paragraph 12, the Council...

      14. 14. Nothing in this Schedule shall impose any liability on the...

      15. 15. The Commissioners shall give to the Council notice of any...

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

      17. 17. With the exception of any duty owed by the Commissioners...

      18. 18. Save as provided in paragraph 3, nothing in this Order...

   6. SCHEDULE 6

      FURTHER PROTECTION OF POOLE HARBOUR COMMISSIONERS AND USERS OF THE BACK WATER CHANNEL

      1. Scheme of arrangements for establishment of Poole Harbour Bridges Operating Board

         1. 1. The Council shall establish the Board in exercise of the...

         2. 2. The Council shall consult the Board on all matters affecting...

         3. 3. The Council shall take into consideration any matter, recommendation or...

         4. 4. (1) The Board shall consist of five persons.

         5. 5. Appointments to the Board shall be made in accordance with...

         6. 6. The Board may determine its own quorum and procedure and...

         7. 7. If at any meeting of the Board the Chairman is...

         8. 8. Every question at a meeting of the Board shall be...

         9. 9. If at any meeting of the Board there is an...

         10. 10. A member of the Board shall hold office for the...

         11. 11. A member of the Board may resign his office at...

         12. 12. If the Board is satisfied that a member—

         13. 13. The Council shall make such facilities available to the Board...

   7. SCHEDULE 7

      PROTECTION OF THE ENVIRONMENT AGENCY

      1. 1. The following provisions shall, unless otherwise agreed in writing between...

      2. 2. In this Schedule— “accumulation” means any accumulation of silt or...

      3. 3. (1) Before beginning to construct any specified work, the Council...

      4. 4. The Council shall give to the Agency notice in writing...

      5. 5. (1) If any part of the works comprising a structure...

      6. 6. (1) If, during the construction of any specified work, or...

      7. 7. (1) Subject to sub-paragraph (2), the Council shall from the...

      8. 8. (1) The Council shall take all such measures as may...

      9. 9. (1) The Council shall indemnify the Agency in respect of...

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

      11. 11. Nothing in paragraph 7(5) or 9(2) shall impose any liability...

      12. 12. Except as otherwise provided by this Schedule nothing in this...

      13. 13. (1) Unless the parties agree to arbitration any difference arising...

   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...

      3. Navigation undertakings

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

   9. SCHEDULE 9

      REPEALS AND REVOCATIONS

      1. PART 1

      2. PART 2

9. Explanatory Note