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Railways Clauses Consolidation Act 1845

1845 CHAPTER 20 8 and 9 Vict

An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the making of Railways.

[8th May 1845]

Modifications etc. (not altering text)

C1Functions of Board of Trade now exercisable by Minister of Transport: Ministry of Transport Act 1919 (c. 50), s. 2; S.I. 1953/1204 (1953 I, p. 1225), art. 3(1), 1959/1768 (1959 I, p. 1793), art. 3(2), 1970/1681, art. 2(1) and 1979/571, art. 2(1)

C2References to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. V, p. 298; 1923, p. 400), art. 2

C3Preamble omitted under authority of Statute Law Revision Act 1891 (c. 67)

C4This Act is not necessarily in the form in which it has effect in Northern Ireland

C5Act, except ss. 8-15, 17, 32-44, 47-57, 59-63, 69-74, 88-95, 115-124, incorporated by S.I. 1991/933, art. 3(1)

C6Act, except ss. 1, 7, 8, 9, 11, 12, 13, 15, 17, 19, 20, 22, 23, 94 and 95, incorporated by Heathrow Express Railway Act 1991 (c. vii), s. 3(1)(a)

C7Act, except ss. 8, 9, 11-15, 32-44, 46-57, 59-62, 94, 95, 97, 115-124, incorporated in part (26.6.1991) by S.I. 1991/1619, art. 3(1)

C8Act incorporated in part (with modifications) (27.6.1991) by Killingholme Generating Stations (Ancillary Powers) Act 1991 (c. viii), s. 2(1)

C9Act, except ss. 7, 8, 9, 11, 12, 13, 14, 15, 17, 19, 20, 22, 23, 94 and 95, incorporated (27.6.1991) by London Underground (Victoria) Act 1991 (c. x), s. 3(1)(b)

Act, except ss. 8, 11-15, 17 and 46-62 incorporated in part (with modifications) (28.9.1991) by S.I. 1991/2194, art. 3(1)

Act, except ss. 8, 11-15, 17, 46-67 incorporated in part (with modifications) (26.11.1991) by S.I. 1991/2682, art. 3(1)

Act, except ss. 7-9, 11-15, 17, 19, 20, 22, 23, 94, 95 incorporated in part (with modifications) (28.11.1991) by London Underground (Safety Measures) Act (c. xviii), s.3

Act, except ss. 8, 17, 46, 49, 50, 51 and 52, incorporated in part (with modifications) (6.12.1991) by S.I. 1991/2812, art. 3(1)

C10Act (subject to exceptions) incorporated with modifications (13.2.1992) by British Railways Act 1992 (c. i), ss. 3,17(6)

C11Act (subject to exceptions) incorporated with modifications (16.3.1992) by London Underground Act 1992 (c. iii), s.3

C12Act incorporated with modifications (16.3.1992) by Aire and Calder Navigation Act 1992 (c. iv), s.3

C13Act incorporated in part with modifications (16.3.1992) by Avon Weir Act 1992 (c. v), s.3

Act (subject to exceptions) incorporated with modifications (29.4.1992) by S.I. 1992/1113, art.3

Act incorporated in part with modifications (18.6.1992) by British Railways (No. 2) Act 1992 (c. xi), s. 3(1)(a)(2)

Act incorporated in part with modifications (16.7.1992) by Cattewater Reclamation Act 1992 (c. xiv), s. 3(1)

C14Act incorporated in part with modifications (27.5.1993) by 1993 c. vii, s. 3(1)(b)(2)(3)

Act incorporated in part with modifications (1.7.1993) by 1993 c. ix, s. 3(1)(b)(2)(3)

Act incorporated in part with modifications (29.3.1993) by 1993 c. iv, s. 3(1)(2)

Act incorporated in part with modifications (22.6.1993) by S.I. 1993/1607, art.3(1)(2)

Act incorporated in part with modifications (26.3.1993) by S.I. 1993/1083, art.3(1)(2)

Act incorporated in part with modifications (29.1.1993) by 1993 c. i, s. 3

Act incorporated in part with modifications (27.7.1993) by 1993 c. xv, s. 3

Act incorporated in part (with modifications) (4.3.1994) by S.I. 1994/691, art. 3(1)

Act incorporated in part (with modifications) (14.5.1994) by S.I. 1994/1331, art. 3(1)(2)

Act incorporated in part (with modifications) (1.7.1994) by S.I. 1994/1761, art. 3(1)(2)

Act incorporated in part (with modifications) (31.3.1994) by 1994 c. iv, s. 3(1)(a)(2)(a)

Act incorporated in part (with modifications) (5.7.1994) by 1994 c. ix, s. 35(b), (2)(3)

Act incorporated in part (with modifications) (21.7.1994) by 1994 c. xi, s. 3(1)(3)

Act incorporated in part (with modifications) (21.7.1994) by 1994 c. xv, ss. 3(1), 22(f), 34(6)(c)

Act incorporated in part (with modifications) (10.5.1995) by S.I. 1995/1300, arts. 3(1), 10(2)(8)

Act incorporated in part (with modifications) (18.12.1996) by 1996 c. 61, ss. 3, 20, Sch. 3 para. 12, Sch. 9 Pt. I para. 1

Act incorporated in part (with modifications) (16.5.2002) by S.I. 2002/1384, art. 3(1) (with arts. 10, 11)

Act modified (29.7.1995) by S.I. 1995/2412, art. 10(3)(8)

C15Act applied (26.7.1994) by S.I. 1994//1803, art. 11(7)

C16Act incorporated in part (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 11 para. 3 (with Sch. 3 para. 12)

C18Act: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

Commencement Information

I1Act wholly in force at Royal Assent

1 Operation of this Act confined to future railways.E+W+N.I.

This Act shall apply to every railway which shall by any Act which shall hereafter be passed be authorized to be constructed, and this Act shall be incorporated with such Act; and all the clauses and provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such undertaking, and shall, as well as the clauses and provisions of every other Act which shall be incorporated with such Act, form part of such Act, and be construed together therewith as forming one Act.

Interpretations in this ActE+W+N.I.

And with respect to the construction of this Act and of other Acts to be incorporated therewith, be it enacted as follows:

2“Special Act:”E+W+N.I.

The expression “the special Act” used in this Act shall be construed to mean any Act which shall be hereafter passed authorizing the construction of a railway, and with which this Act shall be so incorporated as aforesaid; and the word

“prescribed” used in this Act, in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Act; and the sentence in which such word shall occur shall be construed as if instead of the word “prescribed” the expression “prescribed for that purpose in the special Act” had been used; and the expression

the lands” shall mean the lands which shall by the special Act be authorized to be taken or used for the purposes thereof; and the expression

the undertaking” shall mean the railway and works, of whatever description, by the special Act authorized to be executed.

Modifications etc. (not altering text)

C20Ss. 2-4 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

3 Interpretations in this and the special Act: E+W+N.I.

The following words and expressions, both in this and the special Act, shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say,)

  • Words importing the singular number only shall include the plural number; and words importing the plural number only shall include also the singular number:

  • Words importing the masculine gender only shall include females:

  • The word “lands” shall include messuages, lands, tenements, and hereditaments, of any tenure

  • The word “lease” shall include an agreement for a lease:

  • The word “toll” shall include any rate or charge or other payment payable under the special Act . . . . F1 for any passenger, animal, carriage, goods, merchandize, articles, matters, or things, conveyed on the railway:

  • The word “goods” shall include things of every kind conveyed upon the railway:

  • Theword “month” shall mean calendar month:

  • The expression “superior courts” shall mean her Majesty’s superior courts of record at [F2The Royal Courts of Justice] or [F3Belfast], as the case may require:

  • . . . F4

  • F5. . .

  • The word “sheriff” shall include under sheriff or other legally competent deputy; and where any matter in relation to any lands is required to be done by any sheriff or clerk of the peace, the expression “the sheriff,” or the expression “the clerk of the peace,” shall in such case be construed to mean the sheriff or the clerk of the peace of the F6. . . place where such lands shall be situate; and if the lands in question, being the property of one and the same party, be situate not wholly in one F6. . . place, the same expression shall be construed to mean the sheriff or clerk of the peace of any F6. . . place where any part of such lands shall be situate:

  • F7. . .

  • Where under the provisions of this or the special Act any notice shall be required to be given to the owner of any lands or where any Act shall be authorized or required to be done with the consent of any such owner, the word “owner” shall be understood to mean any person or corporation who, under the provisions of this or the special Act or any Act incorporated therewith, would be enabled to sell and convey lands to the company:

  • The expression “the company” shall mean the company or party which shall be authorized by the special Act to construct the railway:

  • Theexpression “the railway” shall mean the railway and works by the special Act authorized to be constructed:

  • The expression “the Bank” shall mean the Bank of England, where the same shall relate to moneys to be paid or deposited in respect of lands situate in England, and shall mean the Bank of Ireland where the same shall relate to moneys to be paid or deposited in respect of lands situate in Ireland:

  • The expression “turnpike road” shall, when applied to any road in Ireland, include any road upon which her Majesty’s mails are or shall be carried in mail carriages, or such other roads as the commissioners of public works in Ireland shall consider to require arches of greater width or height than by this Act is required for public carriage roads:

  • Theexpression “surveyor,” applied to a road or highway, shall as to railways in Ireland, include the county surveyor:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F3Word substituted by virtue of S.R. & O. 1921/1804 (Rev. XVI, p. 967; 1921, p. 422), art. 7(b)

F4S. 3 definition of “oath” repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. VIII

F5S. 3 definition of "county" repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), s. 1, Sch. Pt. I; definition of "county" wholly repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 1

F6Words in s. 3 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 1

F7Words in s. 3 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 20, Sch. 10; S.I. 2005/910, art. 3(y)

F8Definitions repealed by Statute Law Revision Act 1891 (c. 67) and Statute Law Revision Act (Northern Ireland), 1954 (c. 35)

Modifications etc. (not altering text)

C20Ss. 2-4 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

C21References to clerks of the peace to be construed as references to proper officers of county councils Courts Act 1971 (c. 23), Sch. 8 para. 1(2) and Local Government Act 1972 (c. 70), Sch. 29 Pt. I para. 4(1)(b)

C22S. 3 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

4 Short title of the Act.E+W+N.I.

In citing this Act in other Acts of Parliament and in legal instruments it shall be sufficient to use the expression “The Railways Clauses Consolidation Act 1845”.

Modifications etc. (not altering text)

C20Ss. 2-4 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

Textual Amendments

F9S. 5 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 1

Construction of railwayE+W+N.I.

And with respect to the construction of the railway and the works connected therewith, be it enacted as follows:

6 The construction of the railway to be subject to the provisions of this Act and the Lands Clauses Consolidation Act.E+W+N.I.

In exercising the power given to the company by the special Act to construct the railway, and to take lands for that purpose, the company shall be subject to the provisions and restrictions contained in this Act and in the said Lands Clauses Consolidation Act; and the company shall make to the owners and occupiers of and all other parties interested in any lands taken or used for the purposes of the railway, or injuriously affected by the construction thereof, full compensation for the value of the lands so taken or used, and for all damages sustained by such owners, occupiers, and other parties, by reason of the exercise, as regards such lands, of the powers by this or the special Act, or any Act incorporated therewith, vested in the company; and, except where otherwise provided by this or the special Act, the amount of such compensation shall be ascertained and determined [F10in the manner provided by the said Lands Clauses Consolidation Act for determining questions of compensation with regard to lands purchased or taken under the provisions thereof; and all the provisions of the said last-mentioned Act shall be applicable to determining the amount of any such compensation, and to enforcing the payment or other satisfaction thereof][F10by the [F11Upper Tribunal]].

Textual Amendments

F10Words “by The Lands Tribunal” substituted in s. 6 as incorporated for words from “in the manner” onwards by Compulsory Purchase Act 1965 (c. 56), s. 39(3), Sch. 7

Modifications etc. (not altering text)

C23S. 6 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

C26S. 6 incorporated (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 29 para. 4

C28S. 6 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

7 Errors and omissions in plans to be corrected. E+W+N.I.

If any omission, mis-statement, or erroneous description shall have been made of any lands, or of the owners, lessees, or occupiers of any lands, described on the plans or books of reference mentioned in the special Act, or in the schedule to the special Act, it shall be lawful for the company, after giving ten days’ notice to the owners of the lands affected by such proposed correction, to apply to two justices for the correction thereof; and if it shall appear to such justices that such omission, mis-statement, or erroneous description arose from mistake, they shall certify the same accordingly, and they shall in such certificate state the particulars of any such omission, and in what respect any such matters shall have been mis-stated or erroneously described; and such certificate shall be [F12deposited with the clerks of the peace of the several counties in which the lands affected thereby shall be situate] [F12deposited with the chief clerk], and shall also be deposited with the parish clerks of the several parishes in England, and with the postmasters of the post towns in or nearest to such parishes in Ireland, in which the lands affected thereby shall be situate; and such certificate shall be kept by such clerks of the peace, parish clerks, and postmasters respectively along with the other documents to which they relate; and thereupon such plan, book of reference, or schedule shall be deemed to be corrected according to such certificate; and it shall be lawful for the company to make the works in accordance with such certificate.

Textual Amendments

Modifications etc. (not altering text)

C29References to parish clerks to be construed as references to the proper officer of a parish or community council: Local Government Act 1972 (c. 70), Sch. 29 Pt. I para. 4(1)(d)

C30S. 7 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

S. 7 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

8 Works not to be proceeded with until plans of all alterations authorized by Parliament have been deposited. E+W+N.I.

It shall not be lawful for the company to proceed in the execution of the railway, unless they shall have previously to the commencement of such work [F13deposited with the clerks of the peace of the several counties in or through which the railway is intended to pass] [F13deposited with the chief clerk] a plan and section of all such alterations from the original plan and section as shall have been approved of by Parliament, on the same scale and containing the same particulars as the original plan and section of the railway, and shall also have deposited with the clerks of the several parishes in England, and the postmasters of the post towns in or nearest to such parishes in Ireland, in or through which such alterations shall have been authorized to be made, copies or extracts of or from such plans and sections as shall relate to such parishes respectively.

Textual Amendments

Modifications etc. (not altering text)

C31References to parish clerks to be construed as references to the proper officer of a parish or community council: Local Government Act 1972 (c. 70), Sch. 29 Pt. I para. 4(1)(d)

9 Clerks of the peace, &c. to receive plans of alterations, and allow inspection. E+W+N.I.

The said clerks of the peace, parish clerks, and postmasters shall receive the said plans and sections of alterations, and copies and extracts thereof respectively, and shall retain the same, as well as the said original plans and sections, and shall permit all persons interested to inspect any of the documents aforesaid, and to make copies and extracts of and from the same, in the like manner and upon the like terms and under the like penalty for default as is provided in the case of the original plans and sections by [F14The M1Local Government Act 1972].

Textual Amendments

Modifications etc. (not altering text)

C32References to parish clerks to be construed as references to the proper officer of a parish or community council; Local Government Act 1972 (c. 70), Sch. 29 Pt. I para. 4(1)(d)

Marginal Citations

10 Copies of plans, &c. to be evidence.E+W+N.I.

True copies of the said plans and books of reference, or of any alteration or correction thereof, or extract therefrom, certified by any such clerk of the peace, which certificate such clerk of the peace shall give to all parties interested, when required, shall be received in all courts of justice or elsewhere as evidence of the contents thereof.

11 Limiting deviation from datum line described on sections, &c.E+W+N.I.

In making the railway it shall not be lawful for the company to deviate from the levels of the railway, as referred to the common datum line described in the section approved of by Parliament, and as marked on the same, to any extent exceeding in any place five feet, or, in passing through a town, village, street, or land continuously built upon, two feet, without the previous consent in writing of the owners and occupiers of the land in which such deviation is intended to be made; or in case any street or public highway shall be affected by such deviation, then the same shall not be made without the like consent of the trustees or commissioners having the control of such street or public highway, or, if there be no such trustees or commissioners, without the like consent of [F15two or more justices of the peace [F16acting in the local justice area] in which such street or public highway may be situated] [F15a court of summary jurisdiction], or without the like consent of the commissioners for any public sewers, or the proprietors of any canal, navigation, gasworks, or waterworks, affected by such deviation:

Provided always, that it shall be lawful for the company to deviate from the said levels to a further extent without such consent as aforesaid, by lowering solid embankments or viaducts, provided that the requisite height of headway as prescribed by Act of Parliament be left for roads, streets, or canals passing under the same:

[F17Provided also, that notice of [F18every hearing before two or more justices to be held for the purpose of obtaining their consent as mentioned above shall, at least 14 days before the hearing], be given in some newspaper circulating in the county, and also be affixed upon the door of the parish church in which such deviation or alteration is intended to be made, or, if there be no church, some other place to which notices are usually affixed.]

12 Public notice to be given previous to making greater deviations.E+W+N.I.

Before it shall be lawful for the company to make any greater deviation from the level than five feet, or, in any town, village, street, or land continuously built upon, two feet, after having obtained such consent as aforesaid, it shall be incumbent on the company to give notice of such intended deviation by public advertisement, inserted once at least in two newspapers, or twice at least in one newspaper, circulating in the district or neighbourhood where such deviation is intended to be made, three weeks at least before commencing to make such deviation; and it shall be lawful for the owner of any lands prejudicially affected thereby, at any time before the commencement of the making of such deviation, to apply to the Board of Trade, after giving ten days’ notice to the company, to decide whether, having regard to the interests of such applicants, such proposed deviation is proper to be made: and it shall be lawful for the Board of Trade, if they think fit, to decide such question accordingly, and by their certificate in writing either to disallow the making of such deviation, or to authorize the making thereof, either simply, or with any such modification as shall seem proper to the Board of Trade; and after any such certificate shall have been given by the Board of Trade it shall not be lawful for the company to make such deviation, except in conformity with such certificate.

13 Arches, tunnels, &c. to be made as marked on deposited plans.E+W+N.I.

Where in any place it is intended to carry the railway on an arch or arches or other viaduct, as marked on the said plan or section, the same shall be made accordingly; and where a tunnel is marked on the said plan or section as intended to be made at any place, the same shall be made accordingly, unless the owners, lessees, and occupiers of the land in which such tunnel is intended to be made shall consent that the same shall not be so made.

Modifications etc. (not altering text)

C33S. 13 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

14 Limiting deviations from gradients, curves, &c.E+W+N.I.

It shall not be lawful for the company to deviate from or alter the gradients, curves, tunnels, or other engineering works described in the said plan or section, except within the following limits, and under the following conditions; (that is to say,)

  • Subject to the above provisions in regard to altering levels, it shall be lawful for the company to diminish the inclination or gradients of the railway to any extent, and to increase the said inclination or gradients as follows; (that is to say,) in gradients of an inclination not exceeding one in a hundred, to any extent not exceeding ten feet per mile, or to any further extent which shall be certified by the Board of Trade to be consistent with the public safety, and not prejudicial to the public interest; and in gradients of or exceeding the inclination of one in a hundred, to any extent not exceeding three feet per mile, or to any further extent which shall be so certified by the Board of Trade as aforesaid:

  • It shall be lawful for the company to diminish the radius of any curve described in the said plan to any extent which shall leave a radius of not less than half a mile, or to any further extent authorized by such certificate as aforesaid from the Board of Trade:

  • It shall be lawful for the company to make a tunnel, not marked on the said plan or section, instead of a cutting, or a viaduct instead of a solid embankment, if authorized by such certificate as aforesaid from the Board of Trade.

15 Lateral deviations.E+W+N.I.

It shall be lawful for the company to deviate from the line delineated on the plans so deposited, provided that no such deviation shall extend to a greater distance than the limits of deviation delineated upon the said plans, nor to a greater extent in passing through a town, village, or lands continuously built upon than ten yards, or elsewhere to a greater extent than one hundred yards from the said line, and that the railway by means of such deviation be not made to extend into the lands of any person, whether owner, lessee, or occupier, whose name is not mentioned in the books of reference, without the previous consent in writing of such person, unless the name of such person shall have been omitted by mistake, and the fact that such omission proceeded from mistake shall have been certified in manner herein or in the special Act provided for in cases of unintentional errors in the said books of reference.

16 Works to be executed.E+W+N.I.

Subject to the provisions and restrictions in this and the special Act, and any Act incorporated therewith, it shall be lawful for the company, for the purpose of constructing the railway, or the accommodation works connected therewith, herein-after mentioned, to execute any of the following works; (that is to say,)

  • They may make or construct in, upon, across, under, or over any lands, or any streets, hills, valleys, roads, railroads, or tramroads, rivers, canals, brooks, streams, or other waters, within the lands described in the said plans, or mentioned in the said books of reference or any correction thereof, such temporary or permanent inclined planes, tunnels, embankments, aqueducts, bridges, roads, ways, passages, conduits, drains, piers, arches, cuttings, and fences, as they think proper;

  • They may alter the course of any rivers not navigable, brooks, streams, or watercourses, and of any branches of navigable rivers, such branches not being themselves navigable, within such lands, for the purpose of constructing and maintaining tunnels, bridges, passages, or other works over or under the same, and divert or alter, as well temporarily as permanently, the course of any such rivers or streams of water, roads, streets, or ways, or raise or sink the level or any such rivers or streams, roads, streets, or ways, in order the more conveniently to carry the same over or under or by the side of the railway, as they may think proper;

  • They may make drains or conduits into, through, or under any lands adjoining the railway, for the purpose of conveying water from or to the railway;

  • They may erect and construct such houses, warehouses, offices, and other buildings, yards, stations, wharfs, engines, machinery, apparatus, and other works and conveniences, as they think proper;

  • They may from time to time alter, repair, or discontinue the before-mentioned works or any of them, and substitute others in their stead; and

  • They may do all other acts necessary for making, maintaining, altering, or repairing, and using the railway:

  • Provided always, that in the exercise of the powers by this or the special Act granted the company shall do as little damage as can be, and shall make full satisfaction, in manner herein and in the special Act, and any Act incorporated therewith, provided, to all parties interested, for all damage by them sustained by reason of the exercise of such powers.

Modifications etc. (not altering text)

C34S. 16 incorporated (29.1.1991) by S.I. 1991/134, art. 3(1)

S. 16 incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 16 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

S. 16 incorporated with modifications (27.6.1991) by Killingholme Generating Stations (Ancillary Powers) Act 1991 (c. viii), s. 2(1)(a)

S. 16 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 16 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 16 excluded (29.4.1992) by S.I. 1992/1113, art.3

S. 16 incorporated in part (29.6.1993) by S.I. 1993/1651, art.3(1)(5)

S. 16 incorporated (2.9.1993) by S.I. 1993/2153, art. 3(1)

S. 16 incorporated in part (1.9.1993) by S.I. 1993/2154, art. 3(1)

S. 16 incorporated (with modifications) (4.5.1995) by S.I. 1995/1236, arts. 3(1)(a), 10(7), 11(9)

S. 16 incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

S. 16 incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

S. 16 incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

C35S. 16 incorporated (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 29 para. 4

C36S. 16 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

17 Works below high-water mark not to be executed without the consent of the lords of the admiralty. E+W+N.I.

It shall not be lawful for the company to construct on the shore of the sea, or of any creek, bay, arm of the sea, or navigable river communicating therewith, where and so far up the same as the tide flows and reflows, any work, or to construct any railway or bridge across any creek, bay, arm of the sea, or navigable river, where and so far up the same as the tide flows and reflows, without the previous consent of her Majesty, to be signified in writing under the hands of two of the commissioners of her Majesty’s woods, forests, land revenues, works, and buildings, and of the lord high admiral of the United Kingdom of Great Britain and Ireland, or the commissioners for executing the office of lord high admiral aforesaid for the time being, to be signified in writing . . . F19, and then only according to such plan and under such restrictions and regulations as the said commissioners of her Majesty’s woods, forests, land revenues, works, and buildings, and the said lord high admiral, or the said commissioners, may approve of, such approval being signified as last aforesaid; and where any such work, railway, or bridge shall have been constructed it shall not be lawful for the company at any time to alter or extend the same without obtaining, previously to making any such alteration or extension, the like consents or approvals; and if any such work, railway, or bridge shall be commenced or completed contrary to the provisions of this Act, it shall be lawful for the said commissioners of her Majesty’s woods, forests, land revenues, works, and buildings, or the said lord high admiral, or the said commissioners for executing the office of lord high admiral, to abate and remove the same, and to restore the site thereof to its former condition, at the cost and charge of the company; and the amount thereof may be recovered in the same manner as a penalty is recoverable against the company.

Textual Amendments

F19Words repealed by S.I. 1965/145, Sch. 2

Modifications etc. (not altering text)

C37Functions of commissioners and Admiralty under s. 17 now exercisable concurrently by Board of Trade and Secretary of State: Harbours Transfer Act 1862 (c. 69), s. 6, Ministry of Transport Act 1919 (c. 50), s. 2, S.I. 1965/145, art. 2, Sch. 1 and 1970/1537, art. 2

18 Alteration of water and gas pipes, &c.E+W+N.I.

It shall be lawful for the company, for the purpose of constructing the railway, to raise, sink, or otherwise alter the position of any of the watercourses, water pipes, or gas pipes belonging to any of the houses adjoining or near to the railway, and also the mains and other pipes laid down by any company or society who may furnish the inhabitants of such houses or places with water or gas, and also to remove all other obstructions to such construction, so as the same respectively be done with as little detriment and inconvenience to such company, society, or inhabitants as the circumstances will admit, and be done under the superintendence of the company to which such water pipes or gas pipes belong, and of the several commissioners or trustees or persons having control of the pavements, sewers, roads, streets, highways, lanes, and other public passages and places within the parish or district where such mains, pipes or obstructions shall be situate, or of their surveyor, if they or he think fit to attend, after receiving not less than forty-eight hours notice for that purpose.

Modifications etc. (not altering text)

C39S. 18 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 18 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 18 incorporated (29.6.1993) by S.I. 1993/1651, art.3(1)

S. 18 incorporated (2.9.1993) by S.I. 1993/2153, art. 3(1)

S. 18 incorporated in part (1.9.1993) by 1993/2154, art. 3(1)

S. 18 restricted (1.9.1993) by 1993/2154, art.9(2)

S. 18 incorporated (with modifications) (21.9.1995) by S.I. 1995/2501, arts. 3, 9(3)(9)

S. 18 incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, arts. 3(1)(2), 14(3)

S. 18 excluded (22.1.1997) by S.I. 1997/102, art. 12(3)

Ss. 18-23 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

S. 18 incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

C40S. 18 incorporated (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 29 para. 4

C41S. 18 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

19 Company not to disturb pipes until they have laid down others.E+W+N.I.

Provided always, that it shall not be lawful for the company to remove or displace any of the mains or pipes, (other than private service pipes), syphons, plugs, or other works belonging to any such company or society, or to do anything to impede the passage of water or gas into or through such mains or pipes, until good and sufficient mains or pipes, syphons, plugs, and all other works necessary or proper for continuing the supply of water or gas as sufficiently as the same was supplied by the mains or pipes proposed to be removed or displaced, shall, at the expence of the company, have been first made and laid down in lieu thereof, and be ready for use, in a position as little varying from that of the pipes or mains proposed to be removed or displaced as may be consistent with the construction of the railway, and to the satisfaction of the surveyor or engineer of such water or gas company or society, or, in case of disagreement between such surveyor or engineer and the company, as a justice shall direct.

Modifications etc. (not altering text)

C42S. 19 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 19 incorporated (28.9.1991) by S.I. 1991/2194, art. 3(1)

S. 19 incorporated (29.6.1993) by S.I. 1993/1651, art. 3(1)

S. 19 incorporated (2.9.1993) by S.I. 1993/2153, art. 3(1)

S. 19 incorporated in part (1.9.1993) by S.I. 1993/2154, art. 3(1)

S. 19 incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 18-23 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

20 Pipes not to be laid contrary to any Act, and 18 inches surface road to be retained.E+W+N.I.

It shall not be lawful for the company to lay down any such pipes contrary to the regulations of any Act of Parliament relating to such water or gas company or society, or to cause any road to be lowered for the purposes of the railway, without leaving a covering of not less than eighteen inches from the surface of the road over such mains or pipes.

Modifications etc. (not altering text)

C43S. 20 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 20 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 20 incorporated (29.6.1993) by S.I. 1993/1651, art. 3(1)

S. 20 incorporated (2.9.1993) by S.I. 1993/2153, art. 3(1)

S. 20 incoporated in part (1.9.1993) by S.I. 1993/2154, art. 3(1)

S. 20 incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 18-23 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

21 Company to make good all damage.E+W+N.I.

The company shall make good all damage done to the property of the water or gas company or society by the disturbance thereof, and shall make full compensation to all parties for any loss or damage which they may sustain by reason of any interference with the mains, pipes, or works of such water or gas company or society, or with the private service pipes of any person supplied by them with water.

Modifications etc. (not altering text)

C44S. 21 restricted by Heathrow Express Railway Act 1991 (c. vii), s. 3 (2) (c)

C45S. 21 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 21 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 21 incorporated (29.6.1993) by S.I. 1993/1651, art. 3(1)

S. 21 incorporated (2.9.1993) by S.I. 1993/2153, art. 3(1)

S. 21 incorporated in part (1.9.1993) by S.I. 1993/2154, art. 3(1)

S. 21 incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 18-23 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

C46S. 21 incorporated (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 29 para. 4

C47S. 21 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

22 When railway crosses pipes, company to make a culvert.E+W+N.I.

If it shall be necessary to construct the railway or any of the works over any mains or pipes of any such water or gas company or society, the company shall, at their own expence, construct and maintain a good and sufficient culvert over such main or pipe, so as to leave the same accessible for the purpose of repairs.

Modifications etc. (not altering text)

C48S. 22 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 22 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 22 incorporated (29.6.1993) by S.I. 1993/1651, art. 3(1)

S. 22 incorporated (2.9.1993) by S.I. 1993/2153, art. 3(1)

S. 22 incorporated in part (1.9.1993) by S.I. 1993/2154, art. 3(1)

Ss. 18-23 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

23 Penalty for obstructing supply of gas or water.E+W+N.I.

If by any such operations as aforesaid the company shall interrupt the supply of any water or gas, they shall forfeit twenty pounds for every day that such supply shall be so interrupted . . . F20

Textual Amendments

Modifications etc. (not altering text)

C49S. 23 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 23 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 23 incorporated (29.6.1993) by S.I. 1993/1651, art. 3(1)

S. 23 incorporated (2.9.1993) by S.I. 1993/2153, art. 3(1)

S. 23 incorporated in part (1.9.1993) by S.I. 1993/2154, art. 3(1)

Ss. 18-23 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

24 Penalty for obstructing construction of railway.E+W+N.I.

If any person wilfully obstruct any person acting under the authority of the company in the lawful exercise of their power in setting out the line of the railway, or pull up or remove any poles or stakes driven into the ground for the purpose of so setting out the line of the railway, or deface or destroy any marks made for the same purpose, he shall forfeit a sum not exceeding [F21level 1 on the standard scale] for every such offence.

Textual Amendments

F21For “£25” there is substituted (E.W.) “level 1 on the standard scale” by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Modifications etc. (not altering text)

C50S. 24 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

S. 24 incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1)(3), 13(7)

S. 24 incorporated (with modifications) (21.9.1995) by S.I. 1995/2501, arts. 3, 9(9)

S. 24 incorporated (with modifications) (20.11.1995) by S.I. 1995/2952, art. 3

S. 24 incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

S. 24 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 24 incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

S. 24 incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

S. 24 incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)-(3), 13(7)

S. 24 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

S. 24 incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

S. 24 incorporated (with modifications) (30.4.1999) by S.I. 1999/1306, art. 3(1)(2)

S. 24 incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)-(3)

S. 24 incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)-(3)

S. 24 incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)-(3)

S. 24 incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(3)

S. 24 incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

S. 24 incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

C51S. 24 incorporated (with modifications) (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1), 3(3) (with art. 40)

C53S. 24 incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)-(3) (with art. 38)

C55S. 24 incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, art. 3(1)-(3) (with arts. 34, 35(2))

C57S. 24 incorporated (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 29 para. 4

C59S. 24 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

25—29.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22E+W+N.I.

Textual Amendments

Temporary use of landsU.K.

And with respect to the temporary occupation of lands near the railway during the construction thereof, be it enacted as follows:

30 Company may occupy temporarily private roads within five hundred yards of the railway.E+W+N.I.

Subject to the provisions herein and in the special Act contained, it shall be lawful for the company, at any time before the expiration of the period by the special Act limited for the completion of the railway, to enter upon and use any existing private road, being a road gravelled or formed with stones or other hard materials, and not being an avenue or a planted or ornamental road, or an approach to any mansion house, within the prescribed limits, if any, or, if no limits be prescribed, not being more than five hundred yards distant from the centre of the railway as delineated on the plans; but before the company shall enter upon or use any such existing road they shall give three weeks’ notice of their intention to the owners and occupiers of such road, and of the lands over which the same shall pass, and shall in such notice state the time during which, and the purposes for which, they intend to occupy such road, and shall pay to the owners and occupiers of such road, and of the lands through which the same shall pass, such compensation for the use and occupation of such road, either in a gross sum of money or by half-yearly instalments, as shall be agreed upon between such owners and occupiers respectively and the company, or in case they differ about the compensation the same shall be settled by two justices, in the same manner as any compensation not exceeding fifty pounds is directed to be settled by the said Lands Clauses Consolidation Act.

Modifications etc. (not altering text)

C60Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

C61S. 30 incorporated (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 29 para. 4

C62S. 30 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

31 Power to owners and occupiers of road and land to object that other roads should be taken.E+W+N.I.

It shall be lawful for the owners and occupiers of any such road, and of the lands over which the same passes, within ten days after the service of the aforesaid notice, by notice in writing to the company to object to the company making use of such road, on the ground that other roads, such as the company are herein-before authorized to use for the purposes aforesaid, or that some public road would be more fitting to be used for the same; and upon the objection being so made such proceedings may be had as are herein-after mentioned with respect to lands temporarily occupied by the company in respect of which three weeks’ notice is here-inafter required to be given, and in the same manner as if in the provisions relative to such proceedings the word road or roads, or the words road and the land over which the same passes, as the case may require, had been substituted in such provisions for the word lands.

Modifications etc. (not altering text)

C63Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

C64S. 31 incorporated (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 29 para. 4

C65S. 31 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

32 Power to take temporary possession of land without previous payment of price.E+W+N.I.

Subject to the provisions herein and in the special Act contained, it shall be lawful for the company, at any time before the expiration of the period by the special Act limited for the completion of the railway, without making any previous payment, tender, or deposit, to enter upon any lands within the prescribed limits, or, if no limits be prescribed, not being more than two hundred yards distant from the centre of the railway as delineated on the plans, and not being a garden, orchard, or plantation attached or belonging to a house, nor a park, planted walk, avenue, or ground ornamentally planted, and not being nearer to the mansion house of the owner of any such lands than the prescribed distance, or, if no distance be prescribed, then not nearer than five hundred yards therefrom, and to occupy the said lands so long as may be necessary for the construction or repair of that portion of the railway, or of the accommodation works connected therewith, herein-after mentioned, and to use the same for any of the following purposes; (that is to say,)

  • For the purpose of taking earth or soil by side cuttings therefrom;

  • For the purpose of depositing spoil thereon;

  • For the purpose of obtaining materials therefrom for the construction or repair of the railway or such accommodation works as aforesaid; or

  • For the purpose of forming roads thereon to or from or by the side of the railway:

And in exercise of the powers aforesaid it shall be lawful for the company to deposit and also to manufacture and work upon such lands materials of every kind used in constructing the railway, and also to dig and take from out of any such lands any clay, stone, gravel, sand, or other things that may be found therein useful or proper for constructing the railway or any such roads as aforesaid, and for the purposes aforesaid to erect thereon workshops, sheds, and other buildings of a temporary nature: Provided always, that nothing in this Act contained shall exempt the company from an action for nuisance or other injury, if any, done in the exercise of the powers herein-before given to the lands or habitations of any party other than the party whose lands shall be so taken or used for any of the purposes aforesaid: Provided also, that no stone or slate quarry, brick field, or other like place, which at the time of the passing of the special Act shall be commonly worked or used for getting materials therefrom for the purpose of selling or disposing of the same, shall be taken or used by the company, either wholly or in part, for any of the purposes lastly herein-before mentioned.

Modifications etc. (not altering text)

C66Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

33 Company to give notice previous to such temporary possession.E+W+N.I.

In case any such lands shall be required for spoil banks or for side cuttings, or for obtaining materials for the construction or repair of the railway, the company shall before entering thereon (except in the case of accident to the railway requiring immediate reparation) give three weeks’ notice in writing to the owners and occupiers of such lands of their intention to enter upon the same for such purposes; and in case the said lands are required for any of the other purposes herein-before mentioned the company shall (except in the cases aforesaid) give ten days like notice thereof; and the company shall in such notices respectively state the substance of the provisions herein-after contained respecting the right of such owner or occupier to require the company to purchase any such lands, or to receive compensation for the temporary occupation thereof, as the case may be.

Modifications etc. (not altering text)

C67Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

34 Service of notices on owners and occupiers of lands.E+W+N.I.

The said notice shall either be served personally on such owners and occupiers, or left at their last usual place of abode, if any such can after diligent inquiry be found; and in case any such owner shall be absent from the United Kingdom, or cannot be found after diligent inquiry, shall also be left with the occupier of such lands, or, if there be no such occupier, shall be affixed upon some conspicuous part of such lands.

Modifications etc. (not altering text)

C68Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

35 Power to owner to object that other lands ought to be taken.E+W+N.I.

In any case in which a notice of three weeks is herein-before required to be given it shall be lawful for the owner or occupier of the lands therein referred to, within ten days after the service of such notice, by notice in writing to the company, to object to the company making use of such lands, either on the ground that the lands proposed to be taken for the purposes aforesaid, or some part thereof, or of the materials contained therein, are essential to be retained by such owner in order to the beneficial enjoyment of other neighbouring lands belonging to him, or on the ground that other lands lying contiguous or near to those proposed to be taken would be more fitting to be used for such purposes by the company; and upon objection being so made such proceedings may be had as herein-after mentioned.

Modifications etc. (not altering text)

C69Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

36 Power to two justices to order that the lands and materials shall not be taken.E+W+N.I.

If the objection so made be on the ground that the lands proposed to be taken, or some part thereof, or of the materials contained therein, are essential to be retained by the owner in order to the beneficial enjoyment of other neighbouring lands belonging to him, it shall be lawful for any justice, on the application of such owner, to summon the company to appear before two justices at a time and place to be named in the summons, such time not being later than the expiration of the said twenty-one days’ notice; and on the appearance of the company, or in their absence, upon proof of due service of the summons, it shall be lawful for such justices to inquire into the truth of such ground of objection; and if it appear to such justices that for some special reason, to be stated in the order after mentioned, the lands so proposed to be taken, or any part thereof, or of the materials contained therein, are essential to be retained by the owner of such lands in order to the beneficial enjoyment of other neighbouring lands belonging to him, and ought not therefore to be taken or used by the company, it shall be lawful for such justices, by writing under their hands, to order that the lands so proposed to be taken, or some part thereof, or of the materials contained therein, to be specified in such order, shall not be taken or used by the company; and after service of such order on the company it shall not be lawful for them to take or use, without the previous consent in writing of the owner thereof, any of the lands or materials which by such order they are ordered not to take or use.

Modifications etc. (not altering text)

C70Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

37 Power to justices to order other lands to be taken.E+W+N.I.

If the objection so made as aforesaid be on the ground that other lands lying contiguous to those proposed to be taken, and being sufficient in quantity, and such as the company are herein-before authorized to use for the purposes aforesaid, would be more fitting to be used by the company, and if in such case the company shall refuse to occupy such other lands in lieu of those mentioned in the notice, it shall be lawful for any justice, on the application of such owner or occupier, to summon the company and the owners and occupiers of such other lands to appear before two justices at a time and place to be named in such summons, such time not being more than fourteen days after such application nor less than seven days from the service of such summons; and on the appearance of the parties, or in the absence of any of them, upon proof of due service of the summons, it shall be lawful for such justices to determine summarily which of the said lands shall be used by the company for the purposes aforesaid, and to authorize the company to occupy and use the same accordingly.

Modifications etc. (not altering text)

C71Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

C72S. 37 incorporated (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 29 para. 4

C73S. 37 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

38 Power to the justices to summon other owners before them.E+W+N.I.

If in the case last mentioned it shall appear to such justices upon the inquiry before them, that the lands of any other party not summoned before them, being sufficient in quantity, and such as the company are herein-before authorized to take or use for the purposes aforesaid, would be more fitting to be used by the company than the lands of the person who shall have been so summoned as aforesaid, it shall be lawful for the said justices to adjourn such inquiry, and to summon such other person to appear before them at any time, not being more than fourteen days from such inquiry nor less than seven days from the service of such summons; and on the appearance of the parties, or in the absence of any of them, on proof of due service of the summons, it shall be lawful for such justices to determine finally which lands shall be used for the purposes aforesaid and, to authorize the company to occupy and use the same accordingly.

Modifications etc. (not altering text)

C74Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

C75S. 38 incorporated in part (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 29 para. 4

C76S. 38 incorporated in part (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

39 The company to give sureties, if required.E+W+N.I.

Before entering, under the provisions herein-before contained, upon any such lands as shall be required for spoil banks or for side cuttings, or for obtaining materials or forming roads as aforesaid, the company shall, if required by the owner or occupier thereof, seven days at least before the expiration of the notice to take such lands as herein-before mentioned, find two sufficient persons, to be approved of by a justice, in case the parties differ, who shall enter into a bond to such owner or occupier, in a penalty of such amount as shall be approved of by such justice, in case the parties differ, conditioned for the payment of such compensation as may become payable in respect of the same in manner herein mentioned.

Modifications etc. (not altering text)

C77Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

40 Company to separate the lands before using them.E+W+N.I.

Before the company shall use any such lands for any of the purposes aforesaid they shall, if required so to do by the owner or occupier thereof, separate the same by a sufficient fence from the lands adjoining thereto, with such gates as may be required by the said owner or occupier for the convenient occupation of such lands, and shall also, to all private roads used by them as aforesaid, put up fences and gates in like manner, in all cases where the same may be necessary to prevent the straying of cattle from or upon the lands traversed by such roads, and in case of any difference between the owners or occupiers of such roads and lands and the company as to the necessity for such fences and gates, such fences and gates as any two magistrates shall deem necessary for the purposes aforesaid, on application being made to them in like manner as herein-before is provided in respect to the use of such roads.

Modifications etc. (not altering text)

C78Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

41 Lands taken for getting materials, &c. to be worked as the surveyor of owner may direct.E+W+N.I.

If any land shall be taken or used by the company, under the provisions of this or the special Act, for the purpose of getting materials therefrom for the construction or repair of the railway, or the accommodation works connected therewith, they shall work the same in such manner as the surveyor or agent of the owner of such land shall direct, or, in case of disagreement between such surveyor or agent and the company, in such manner as any justice shall direct, on the application of either party, after notice of the hearing the application shall have been given to the other party.

Modifications etc. (not altering text)

C79Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

42 Owners of lands may compel company to purchase lands so temporarily occupied.E+W+N.I.

In all cases in which the company shall in exercise of the powers aforesaid enter upon any lands for the purpose of making spoil banks or side cuttings thereon, or for obtaining therefrom materials for the construction or repair of the railway, it shall be lawful for the owners or occupiers of such lands, or parties having such estates or interests therein as, under the provisions in the said Lands Clauses Consolidation Act mentioned, would enable them to sell or convey lands to the company, at any time during the possession of any such lands by the company, and before such owners or occupiers shall have accepted compensation from the company in respect of such temporary occupation, to serve a notice in writing on the company requiring them to purchase the said lands, or the estates and interests therein capable of being sold and conveyed by them respectively; and in such notice such owners or occupiers shall set forth the particulars of such their estate or interest in such lands, and the amount of their claim in respect thereof; and the company shall thereupon be bound to purchase the said lands, or the estate and interest therein capable of being sold and conveyed by the parties serving such notice.

Modifications etc. (not altering text)

C80Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

43 Compensation to be made for temporary occupation.E+W+N.I.

In any of the cases aforesaid, where the company shall not be required to purchase such lands, and in all other cases where they shall take temporary possession of lands by virtue of the powers herein or in the special Act granted, it shall be incumbent on the company, within one month after their entry upon such lands, upon being required so to do, to pay to the occupier of the said lands the value of any crop or dressing that may be thereon, as well as full compensation for any other damage of a temporary nature which he may sustain by reason of their so taking possession of his lands, and shall also from time to time during their occupation of the said lands pay half yearly to such occupier, or to the owner of the lands, as the case may require, a rent to be fixed by two justices in case the parties differ, and shall also within six months after they shall have ceased to occupy the said lands, and not later than six months after the expiration of the time by the special Act limited for the completion of the railway, pay to such owner and occupier, or deposit in the Bank for the benefit of all parties interested, as the case may require, compensation for all permanent or other loss, damage or injury that may have been sustained by them by reason of the exercise, as regards the said lands, of the powers herein or in the special Act granted, including the full value of all clay, stone, gravel, sand, and other things taken from such lands.

Modifications etc. (not altering text)

C81Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

44 Compensation to be ascertained and applied under the Lands Clauses Act.E+W+N.I.

The amount and application of the purchase money and other compensation payable by the company in any of the cases aforesaid shall be determined in the manner provided by the said Lands Clauses Consolidation Act for determining the amount and application of the compensation to be paid for lands taken under the provisions thereof.

Modifications etc. (not altering text)

C82Ss. 30-44 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3), 10(5)

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23E+W+N.I.

Textual Amendments

F23Ss. 45, 89, 96, 98–102, 106, 107, 125–137, 141 repealed by Transport Act 1962 (c. 46), s. 95(3), Sch. 12 Pt.1; repealed by S.I. 1984/1986 (N.I. 15), art. 20, Sch. 3

Crossing of roads and construction of bridgesE+W+N.I.

And with respect to the crossing of roads, or other interference therewith, be it enacted as follows:

46 Crossing of roads. E+W+N.I.

If the line of the railway cross any turnpike road or public highway, then (except where otherwise provided by the special Act) either such road shall be carried over the railway, or the railway shall be carried over such road, by means of a bridge, of the height and width and with the ascent or descent by this or the special Act in that behalf provided; and such bridge, with the immediate approaches, and all other necessary works connected therewith, shall be executed and at all times thereafter maintained at the expence of the company: Provided always, that, with the consent of two or more justices F24..., as after mentioned, it shall be lawful for the company to carry the railway across any highway, other than a public carriage road, on the level.

Textual Amendments

F24Words in s. 46 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 22, Sch. 10; S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C84S. 46 incorporated (4.5.1991) by S.I. 1991/1162 art. 3(1)

S. 46 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 46 incorporated (with modifications) (4.4.1996) by S.I. 1996/937, art. 3(1)(3)(4)

S. 46 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 46 incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)-(3)

S. 46 incorporated in part (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

S. 46 incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)-(3)

S. 46 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)(4)

S. 46 incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)-(3)

S. 46 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)-(3) (with arts. 15, 37, 38(2))

S. 46 incorporated in part (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

C86S. 46 incorporated (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)(2)(4)

C87S. 46 incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2)(4) (with arts. 34, 35(2))

C89S. 46 incorporated (with modifications) (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1)(3) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

C90S. 46 incorporated (with modifications) (E.W.) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3)(4) (with art. 36(3))

C91S. 46 incorporated in part (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C92S. 46 incorporated (with modifications) (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1)(4) (with art. 26(2))

C93S. 46 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3)(4) (with art. 35(2))

C94S. 46 incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3)(4) (with art. 42(2))

C95S. 46 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3)(4) (with arts. 27(2), 39, Sch. 10 para. 4)

C96S. 46 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3)(4) (with art. 34(2))

C97S. 46 incorporated (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 29 para. 4

C99S. 46 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

C101S. 46 incorporated (with modifications) (E.W.) (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 3(1)(a)(3)(4) (with art. 51)

47 Provision in cases where roads are crossed on a level.E+W+N.I.

If the railway cross any turnpike road or public carriage road on a level, the company shall erect and at all times maintain good and sufficient gates across such road, on each side of the railway, where the same shall communicate therewith, and shall employ proper persons to open and shut such gates; and such gates shall be kept constantly closed across such road on both sides of the railway, except during the time when horses, cattle, carts, or carriages passing along the same shall have to cross such railway; and such gates shall be of such dimensions and so constructed as when closed to fence in the railway, and prevent cattle or horses passing along the road from entering upon the railway; and the person intrusted with the care of such gates shall cause the same to be closed as soon as such horses, cattle, carts, or carriages shall have passed through the same, under a penalty of [F25£25][F25level 1 on the standard scale] or every default therein: Provided always, that it shall be lawful for the Board of Trade, in any case in which they are satisfied that it will be more conducive to the public safety that the gates on any level crossing over any such road should be kept closed across the railway, to order that such gates shall be kept so closed, instead of across the road, and in such case such gates shall be kept constantly closed across the railway, except when engines or carriages passing along the railway shall have occasion to cross such road, in the same manner and under the like penalty as above directed with respect to the gates being kept closed across the road.

Textual Amendments

F25Words substituted (E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6) and so substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Modifications etc. (not altering text)

C102S. 47 incorporated (28.9.1991) by S.I.1991/2210, art. 3(1)

S. 47 excluded (31.3.1994) by 1994 c. iv, s. 15(1)(3)

S. 47 excluded (26.7.1994) by S.I. 1994/1803, art. 3(1)

S. 47 excluded (27.12.1995) by S.I. 1995/3188, arts. 1(2), 2(2)

S. 47 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 47 excluded (23.9.1997) by S.I. 1997/2262, art. 3

S. 47 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

S. 47 incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

S. 47 excluded (with effect on the transfer date) by S.I. 2001/3413, art. 3

S. 47 excluded (12.8.2002 with effect as mentioned in art. 3 of the amending S.I.) by S.I. 2002/1997, art. 3

S. 47 power to repeal or modify conferred (N.I.) (14.10.2002) by 2002 c. 8 (N.I.), s. 1(4)(b)

48 As to crossing of turnpike roads adjoining stations.E+W+N.I.

Where the railway crosses any turnpike road on a level adjoining to a station, . . . F26 the company shall be subject to all such rules and regulations with regard to such crossings as may from time to time be made by the Board of Trade.

Textual Amendments

49 Construction of bridges over roads.E+W+N.I.

Every bridge to be erected for the purpose of carrying the railway over any road shall (except where otherwise provided by the special Act) be built in conformity with the following regulations; (that is to say,)

  • The width of the arch shall be such as to leave thereunder a clear space of not less than thirty-five feet if the arch be over a turnpike road, and of twenty-five feet if over a public carriage road, and of twelve feet if over a private road:

  • The clear height of the arch from the surface of the road shall not be less than sixteen feet for a space of twelve feet if the arch be over a turnpike road, and fifteen feet for a space of ten feet if over a public carriage road; and in each of such cases the clear height at the springing of the arch shall not be less than twelve feet:

  • The clear height of the arch for a space of nine feet shall not be less than fourteen feet over a private carriage road:

  • The descent made in the road in order to carry the same under the bridge shall not be more than one foot in thirty feet if the bridge be over a turnpike road, one foot in twenty feet if over a public carriage road, and one foot in sixteen feet if over a private carriage road, not being a tramroad or railroad, or if the same be a tramroad or railroad the descent shall not be greater than the prescribed rate of inclination, and if no rate be prescribed the same shall not be greater than as it existed at the passing of the special Act.

Modifications etc. (not altering text)

C115S. 49 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

S. 49 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

50 Construction of bridges over railway. E+W+N.I.

Every bridge erected for carrying any road over the railway shall (except as otherwise provided by the special Act) be built in conformity with the following regulations; (that is to say,)

  • There shall be a good and sufficient fence on each side of the bridge of not less height than four feet, and on each side of the immediate approaches of such bridge of not less than three feet.

  • The road over the bridge shall have a clear space between the fences thereof of thirty-five feet if the road be a turnpike road, and twenty-five feet if a public carriage road, and twelve feet if a private road:

  • The ascent shall not be more than one foot in thirty feet if the road be a turnpike road, one foot in twenty feet if a public carriage road, and one foot in sixteen feet if a private carriage road, not being a tramroad or railroad, or if the same be a tramroad or railroad the ascent shall not be greater than the prescribed rate of inclination, and if no rate be prescribed the same shall not be greater than as it existed at the passing of the special Act.

Modifications etc. (not altering text)

C117S. 50 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

S. 50 incorporated (28.9.1991) by S.I.1991/2210, art. 3(1)

51 The width of the bridges need not exceed the width of the existing road in certain cases. E+W+N.I.

Provided always, that in all cases where the average available width for the passage of carriages of any existing roads within fifty yards of the points of crossing the same is less than the width herein-before prescribed for bridges over or under the railway the width of such bridges need not be greater than such average available width of such roads, but so nevertheless that such bridges be not of less width, in the case of a turnpike road or public carriage road, than twenty feet; Provided also, that if any time after the construction of the railway the average available width of any such road shall be increased beyond the width of such bridge on either side thereof, the company shall be bound, at their own expence, to increase the width of the said bridge to such extent as they may be required by the trustees or surveyors of such road, not exceeding the width of such road as so widened, or the maximum width herein or in the special Act prescribed for a bridge in the like case over or under the railway.

Modifications etc. (not altering text)

C118S. 51 modified by Transport Act 1968 (c. 73), s. 117(6)

C119S. 51 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

S. 51 incorporated in part (28.9.1991) by S.I. 1991/2210, art. 3(1)

52 Existing inclinations of roads crossed or diverted need not be improved. E+W+N.I.

Provided also, that if the mesne inclination of any road within two hundred and fifty yards of the point of crossing the same, or the inclination of such portion of any road as may require to be altered, or for which another road shall be substituted, shall be steeper than the inclination herein-before required to be preserved by the company, then the company may carry any such road over or under the railway, or may construct such altered or substituted road, at an inclination not steeper than the said mesne inclination of the road so to be crossed, or of the road so requiring to be altered, or for which another road shall be substituted.

Modifications etc. (not altering text)

C120S. 52 modified by Transport Act 1968 (c. 73), s. 117(6)

C121S. 52 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

53 Before roads interfered with, others to be substituted.E+W+N.I.

If, in the exercise of the powers by this or the special Act granted, it be found necessary to cross, cut through, raise, sink, or use any part of any road, whether carriage road, horse road, tramroad, or railway, either public or private, so as to render it impassable for or dangerous or extraordinarily inconvenient to passengers or carriages, or to the persons entitled to the use thereof, the company shall, before the commencement of any such operations, cause a sufficient road to be made instead of the road to be interfered with, and shall at their own expence maintain such substituted road in a state as convenient for passengers and carriages as the road so interfered with, or as nearly so as may be.

Modifications etc. (not altering text)

C122S. 53 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

54 Penalty for not substituting a road.E+W+N.I.

If the company do not cause another sufficient road to be so made before they interfere with any such existing road as aforesaid, they shall forfeit twenty pounds for every day during which such substituted road shall not be made after the existing road shall have been interrupted; and such penalty shall be paid to the trustees, commissioners, surveyor, or other person having the management of such road, if a public road, and shall be applied for the purposes thereof, or in case of a private road the same shall be paid to the owner thereof; and every such penalty shall be recoverable with costs by action in any of the superior courts.

Modifications etc. (not altering text)

C123S. 54 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

55 Party suffering damage from interruption of road to recover in an action on the case.E+W+N.I.

If any party entitled to a right of way over any road so interfered with by the company shall suffer any special damage by reason that the company shall fail to cause another sufficient road to be made before they interfere with the existing road, it shall be lawful for such party to recover the amount of such special damage from the company, with costs, by action on the case in any of the superior courts and that whether any party shall have sued for such penalty as aforesaid or not, and without prejudice to the right of any party to sue for the same.

Modifications etc. (not altering text)

C124S. 55 incorporated (4.5.1991) by S.I.1991/1162, art. 3(1)

56 Period for restoration of roads interfered with.E+W+N.I.

If the road so interfered with can be restored compatibly with the formation and use of the railway, the same shall be restored to as good a condition as the same was in at the time when the same was first interfered with by the company, or as near thereto as may be; and if such road cannot be restored compatibly with the formation and use of the railway, the company shall cause the new or substituted road, or some other sufficient substituted road, to be put into a permanently substantial condition, equally convenient as the former road, or as near thereto as circumstances will allow; and the former road shall be restored, or the substituted road put into such condition as aforesaid, as the case may be, within the following periods after the first operation on the former road shall have been commenced, unless the trustees or parties having the management of the road to be restored by writing under their hands consent to an extension of the period, and in such case within such extended period; (that is to say,) if the road be a turnpike road, within six months, and if the road be not a turnpike road, within twelve months.

Modifications etc. (not altering text)

C125S. 56 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

57 Penalty for failing to restore road.E+W+N.I.

If any such road be not so restored, or the substituted road so completed as aforesaid, within the periods herein or in the special Act fixed for that purpose, the company shall forfeit . . . F27 five pounds for every day after the expiration of such periods respectively during which such road shall not be so restored or the substituted road completed; and it shall be lawful for the justices by whom any such penalty is imposed to order the whole or any part thereof to be laid out in executing the work in respect whereof such penalty was incurred.

Textual Amendments

Modifications etc. (not altering text)

C126S. 57 incorporated (4.5.1991) by S.I. 1991/1162, art.3(1)

58 Company to repair roads used by them.E+W+N.I.

If in the course of making the railway the company shall use or interfere with any road, they shall from time to time make good all damage done by them to such road; and if any question shall arise as to the damage done to any such road by the company, or as to the repair thereof by them, such question shall be referred to the determination of two justices; and such justices may direct such repairs to be made in the state of such road, in respect of the damage done by the company, and within such period, as they think reasonable, and may impose on the company, for not carrying into effect such repairs, any penalty not exceeding five pounds per day as to such justices shall seem just; . . . F28

Provided always, that in determining any such question with regard to a turnpike road the said justices shall have regard to and shall make full allowance for any tolls that may have been paid by the company on such road in the course of the using thereof.

Textual Amendments

Modifications etc. (not altering text)

C127S. 58 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

S. 58 incorporated in part (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1)(3), 13(7)

S. 58 incorporated in part (with modifications) (21.9.1995) by S.I. 1995/2501, arts. 3, 9(9)

S. 58 incorporated in part (with modifications) (20.11.1995) by S.I. 1995/2952, art. 3

S. 58 incorporated in part (with modifications) (4.4.1996) by S.I. 1996/937, art. 3(1)(3)

S. 58 incorporated in part (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 58 incorporated in part (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

S. 58 incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

S. 58 incorporated in part (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

S. 58 incorporated in part (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

S. 58 incorporated in part (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

S. 58 incorporated in part (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (30.4.1999) by S.I. 1999/1306, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

S. 58 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)(2)(4) (with arts. 15, 37, 38(2))

S. 58 incorporated in part (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

S. 58 incorporated in part (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

S. 58 incorporated in part (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

S. 58 incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

C128S. 58 incorporated in part (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

C130S. 58 incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

C131S. 58 incorporated (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

C132S. 58 incorporated in part (with modifications) (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 3(1)(3)

C133S. 58 incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

C134S. 58 incorporated in part (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 4(1)(2) (with arts. 19, 28, Sch. 3 para. 13(2))

C135S. 58 incorporated (with modifications) (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1)(4) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

C136S. 58 incorporated in part (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

C137S. 58 incorporated in part (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C138S. 58 incorporated in part (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C139S. 58 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C140S. 58 incorporated in part (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C141S. 58 incorporated in part (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C142S. 58 incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C143S. 58 incorporated in part (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C144S. 58 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C145S. 58 incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C146S. 58 incorporated in part (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C148S. 58 incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C149S. 58 incorporated in part (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C150S. 58 incorporated in part (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

C151S. 58 incorporated (with modifications) (E.W.) (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 5 (with arts. 55, 56)

C153S. 58 incorporated (with modifications) (E.W.) (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 3(1)(b)(3) (with art. 51)

C155S. 58 incorporated (with modifications) (E.W.) (2.8.2023) by The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023 (S.I. 2023/815), arts., 1 3(1 (with art. 42)

C156S. 58 incorporated in part (with modifications) (E.W.) (25.4.2024) by The Network Rail (Church Fenton Level Crossing Reduction) Order 2024 (S.I. 2024/526), arts. 1, 3

59 Proceedings on application to justices to consent to level crossings of bridleways and footways.E+W+N.I.

When the company shall intend to apply for the consent of two justices, as herein-before provided, so as to authorize them to carry the railway across any highway other than a public carriage road on the level, they shall, [F29at least 14 days before the application is intended to be made], cause notice of such intended application to be given in some newspaper circulating in the county, and also to be affixed upon the door of the parish church of the parish in which such crossing is intended to be made, or, if there be no such church, some other place to which notices are usually affixed; and if it appear to [F30any two or more justices [F31acting in the local justice area] in which such highway at the proposed crossing thereof is situate] [F30a court of summary jurisdiction] F32... after such notice as aforesaid, that the railway can, consistently with a due regard to the public safety and convenience, be carried across such highway on the level, it shall be lawful for [F33such justices] [F33that court] to consent that the same may be so carried accordingly.

[F3460 Appeal against the determination of the justices.E+W+N.I.

If either party shall feel aggrieved by the determination of such justices upon any such application as aforesaid, it shall be lawful for such party, in like manner and subject to the like conditions as are herein-after provided in the case of appeals in respect of penalties and forfeitures, to appeal to [F35the Crown Court] of the county or place in which the cause of appeal shall have arisen; and it shall be lawful for [F35the Crown Court] upon the hearing of such appeal, either to confirm or quash the determination, or to make such other order in regard to the method of carrying the railway across such highway as aforesaid as to them shall seem fit, and to make such order concerning the costs both of the original application and the appeal as to them shall seem reasonable.]

Textual Amendments

F35Words substituted by virtue of Courts Act 1971 (c. 23), Sch. 8 para. 2

61 Company to make sufficient approaches and fences to bridleways and footways crossing on the level.E+W+N.I.

If the railway shall cross any highway other than a public carriageway on the level, the company shall at their own expence, make and at all times maintain convenient ascents and descents and other convenient approaches, with handrails or other fences, and shall, if such highway be a bridleway, erect and at all times maintain good and sufficient gates, and if the same shall be a footway, good and sufficient gates or stiles, on each side of the railway, where the highway shall communicate therewith.

Modifications etc. (not altering text)

C157S. 61 incorporated (29.1.1991) by S.I. 1991/134, art. 3(1)

S. 61 incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 61 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 61 incorporated (with modifications) (4.5.1995) by S.I. 1995/1236, arts. 3(1)(a), 10(7), 11(9)

S. 61 incorporated (with modifications) (21.9.1995) by S.I. 1995/2501, arts. 3, 9(9)

S. 61 incorporated (with modifications) (4.4.1996) by S.I. 1996/937, art. 3(1)(3)

S. 61 incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

S. 61 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 61 incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

S. 61 incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

S. 61 incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

S. 61 incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

S. 61 incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

S. 61 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

S. 61 incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

S. 61 incorporated (with modifications) (30.4.1999) by S.I. 1999/1306, art. 3(1)(2)

S. 61 incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

S. 61 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)(2) (with arts. 15, 37, 38(2))

C160S. 61 incorporated (with modifications) (E.W.) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

C161S. 61 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C162S. 61 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C163S. 61 incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C164S. 61 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C165S. 61 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C166S. 61 incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C167S. 61 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C168S. 61 incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C169S. 61 incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

62 Justices to have power to order approaches and fences to be made to highways crossing on the level.E+W+N.I.

If where the railway shall cross any highway on the level the company fail to make convenient ascents and descents or other convenient approaches, and such handrails, fence, gates, and stiles as they are herein-before required to make, it shall be lawful for two justices, on the application of the surveyor of roads, or of any two householders within the parish or district where such crossing shall be situate, after not less than ten days notice to the company, to order the company to make such ascent or descent or other approach, or such handrails, fences, gates, or stiles as aforesaid, within a period to be limited for that purpose by such justices; and if the company fail to comply with such order they shall forfeit five pounds for every day that they fail so to do; and it shall be lawful for the justices by whom any such penalty is imposed to order the whole or any part thereof to be applied, in such manner and by such person as they think fit, in executing the work in respect whereof such penalty was incurred.

63, 64.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36U.K.

Textual Amendments

Construction of bridgesU.K.

65 Justices to have power to order repair of bridges, &c.E+W+N.I.

Where, under the provisions of this or the special Act, or any Act incorporated therewith, the company are required to maintain or keep in repair any bridge, fence, approach, gate, or other work executed by them, it shall be lawful for two justices, on the application of the surveyor of roads or of any two householders of the parish or district where such work may be situate, complaining that any such work is out of repair, after not less than ten days’ notice to the company, to order the company to put such work into complete repair, within a period to be limited for that purpose by such justices; and if the company fail to comply with such order they shall forfeit five pounds for every day that they fail so to do; and it shall be lawful for the justices by whom any such penalty is imposed to order the whole or any part thereof to be applied, in such manner and by such persons as they think fit, in putting such work into repair.

Modifications etc. (not altering text)

C174S. 65 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

66 Board of Trade empowered to modify the construction of certain roads, bridges, &c. where a strict compliance with the Act is impossible or inconvenient. E+W+N.I.

. . . F37 In case any difference in regard to the construction, alteration, or restoration of any road or bridge, or other public work of an engineering nature, required by the provisions of this or the special Act, shall arise between the company and any trustees, commissioners, surveyors or other persons having the control of or being authorized by law to enforce the construction of such road, bridge, or work, it shall be lawful for either party, after giving fourteen days’ notice in writing of their intention so to do to the other party, to apply to the Board of Trade to decide upon the proper manner of constructing, altering, or restoring such road, bridge, or other work; and it shall be lawful for the Board of Trade, if they shall think fit, to decide the same accordingly, and to authorize, by certificate in writing, any arrangement or mode of construction in regard to any such road, bridge, or other work which shall appear to them either to be in substantial compliance with the provisions of this and the special Act, or to be calculated to afford equal or greater accommodation to the public using such road, bridge, or other work; and after any such certificate shall have been given by the Board of Trade the road, bridge, or other work therein mentioned shall be constructed by the company in conformity with the terms of such certificate, and being so constructed shall be deemed to be constructed in conformity with the provisions of this and the special Act:

Provided always, that no such certificate shall be granted by the Board of Trade unless they shall be satisfied that existing private rights or interests will not be injuriously affected thereby.

Textual Amendments

F37Recital omitted by virtue of Statute Law Revision Act 1891 (c. 67)

Modifications etc. (not altering text)

C176S. 66 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

67 Authentication of certificates of the Board of Trade, service of notices, &c.E+W+N.I.

All regulations, certificates, notices, and other documents in writing, purporting to be made or issued by or by the authority of the Board of Trade, and signed by some officer appointed for that purpose by the Board of Trade, shall, for the purposes of this and the special Act, and any Act incorporated therewith, be deemed to have been so made and issued, and that without proof of the authority of the person signing the same, or of the signature thereto, which matters shall be presumed until the contrary be proved; and service of any such document, by leaving the same at one of the principal offices of the railway company, or by sending the same by post addressed to the secretary at such office, shall be deemed good service upon the company; and all notices and other documents required by this or the special Act to be given to or laid before the Board of Trade shall be delivered at, or sent by post addressed to, the office of the Board of Trade in London.

Modifications etc. (not altering text)

C177S. 67 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(2)

C179Ss. 67-70 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

Works for protection and accommodation of landsE+W

And with respect to works for the accommodation of lands adjoining the railway, be it enacted as follows:

68 Gates, bridges, &c. E+W+N.I.

The company shall make and at all times thereafter maintain the following works for the accommodation of the owners and occupiers of lands adjoining the railway; (that is to say,)

Such and so many convenient gates, bridges, arches, culverts, and passages, over, under, or by the sides of or leading to or from the railway, as shall be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway shall be made; and such works shall be made forthwith after the part of the railway passing over such lands shall have been laid out or formed, or during the formation thereof;

Also sufficient posts, rails, hedges, ditches, mounds, or other fences, for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout, by reason of the railway, together with all necessary gates, made to open towards such adjoining lands, and not towards the railway, and all necessary stiles; and such posts, rails, and other fences shall be made forthwith after the taking of any such lands, if the owners thereof shall so require, and the said other works as soon as conveniently may be:

Also all necessary arches, tunnels, culverts, drains, or other passages, either over or under or by the sides of the railway, of such dimensions as will be sufficient at all times to convey the water as clearly from the lands lying near or affected by the railway as before the making of the railway, or as nearly so as may be; and such works shall be made from time to time as the railway works proceed:

Also proper watering places for cattle where by reason of the railway the cattle of any person occupying any lands lying near thereto shall be deprived of access to their former watering places; and such watering places shall be so made as to be at all times as sufficiently supplied with water as theretofore, and as if the railway had not been made, or as nearly so as may be; and the company shall make all necessary watercourses and drains for the purpose of conveying water to the said watering places:

Provided always, that the company shall not be required to make such accommodation works in such a manner as would prevent or obstruct the working or using of the railway, nor to make any accommodation works with respect to which the owners and occupiers of the lands shall have agreed to receive and shall have been paid compensation instead of the making them.

Modifications etc. (not altering text)

C179Ss. 67-70 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

C180S. 68 excluded by Transport Act 1968 (c. 73), s. 124(2)

C181S. 68 incorporated (29.1.1991) by S.I. 1991/134, art. 3(1)

S. 68 incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 68 incorporated (4.5.1991) by S.I. 1991/1162, art. 3(1)

S. 68 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 68 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 68 excluded (29.4.1992) by S.I. 1992/1113, art.3

S. 68 incorporated (2.9.1993) by S.I. 1993/2153, art. 3(1)

S. 68 excluded (27.7.1993) by 1993 c. xv, s. 7(8)

S. 68 excluded (21.7.1994) by 1994 c. xv, s. 7(6)

S. 68 incorporated (with modifications) (4.5.1995) by S.I. 1995/1236, arts. 3(1)(a), 10(7), 11(9)

S. 68 incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1)(3), 13(7)

S. 68 incorporated (with modifications) (21.9.1995) by S.I. 1995/2501, arts. 3, 9(9)

S. 68 incorporated (with modifications) (4.4.1996) by S.I. 1996/937, art. 3(1)(3)

S. 68 incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

S. 68 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 68 incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)(4)

S. 68 incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

S. 68 incorporated (with modifications) (22.1.1997) BY S.I. 1997/102, arts. 3(1), 12(10)

S. 68 incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

S. 68 incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)(4)

S. 68 incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

S. 68 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

S. 68 incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)(4)

S. 68 incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

S. 68 incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

S. 68 incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

S. 68 incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

S. 68 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)(2) (with arts. 15, 37, 38(2))

S. 68 incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

S. 68 incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

S. 68 incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

S. 68 incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

S. 68 excluded (12.8.2002) by S.I. 2002/1943, art. 3(2)

C184S. 68 incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

C187S. 68 incorporated (with modifications) (22.7.2005) by Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 4 (with art. 47)

C188S. 68 incorporated (with modifications) (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, art. 4(1)-(3) (with arts. 3(5), 15(3))

C189S. 68 incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

C193S. 68 incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

C194S. 68 incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C195S. 68 incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C196S. 68 incorporated (with modifications) (E.W.) (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), arts. 1(1), 3

C197S. 68 incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C198S. 68 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C199S. 68 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C200S. 68 incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C201S. 68 incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C202S. 68 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C203S. 68 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C204S. 68 incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C205S. 68 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C206S. 68 incorporated (with modifications) (E.W.) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 3(1)(2)

C209S. 68 incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C210S. 68 incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C211S. 68 incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

69 Differences as to accommodation works to be settled by justices.E+W+N.I.

If any difference arise respecting the kind or number of any such accommodation works, or the dimensions or sufficiency thereof, or respecting the maintaining thereof, the same shall be determined by two justices; and such justice shall also appoint the time within which such works shall be commenced and executed by the company.

Modifications etc. (not altering text)

C179Ss. 67-70 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

C220S. 69 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)(2)(5) (with arts. 15, 37, 38(2))

C222S. 69 incorporated (with modifications) (E.W.) (22.7.2005) by Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 4 (with art. 47)

C223S. 69 incorporated (with modifications) (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, art. 4(1)-(3) (with arts. 3(5), 15(3))

C224S. 69 incorporated (with modifications) (E.W.) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 3(1)(2)

70 Execution of works by owners on default by the company.E+W+N.I.

If for fourteen days next after the time appointed by such justices for the commencement of any such works the company shall fail to commence such works, or having commenced shall fail to proceed diligently to execute the same in a sufficient manner, it shall be lawful for the party aggrieved by such failure himself to execute such works or repairs; and the reasonable expences thereof shall be repaid by the company to the party by whom the same shall so have been executed; and if there be any dispute about such expences the same shall be settled by two justices:

Provided always, that no such owner or occupier or other person shall obstruct or injure the railway, or any of the works connected therewith, for a longer time, nor use them in any other manner, than is unavoidably necessary for the execution or repair of such accommodation works.

Modifications etc. (not altering text)

C179Ss. 67-70 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

71 Power to owners of land to make additional accommodation works.E+W+N.I.

If any of the owners or occupiers of lands affected by such railway shall consider the accommodation works made by the company, or directed by such justices to be made by the company, insufficient for the commodious use of their respective lands, it shall be lawful for any such owner or occupier, at any time, at his own expence, to make such further works for that purpose as he shall think necessary, and as shall be agreed to by the company, or, in case of difference, as shall be authorized by two justices.

Modifications etc. (not altering text)

C226S. 71 incorporated in part (with modifications) (4.5.1995) by S.I. 1995/1236, arts. 3(1)(a), 10(7), 11(9)

S. 71 incorporated in part (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1)(3), 13(7)

S. 71 incorporated in part (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 71 incorporated in part (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

S. 71 incorporated in part (2.11.1996) by S.I. 1996/2867, art. 3(1)

S. 71 incorporated in part (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

S. 71 incorporated in part (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

S. 71 incorporated in part (with modifications) (29.7.1997) by S.I. 1997/1688, art. 3(1)(2), 13(7)

S. 71 incorporated in part (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

S. 71 incorporated in part (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

S. 71 incorporated in part (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

S. 71 incorporated in part (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

S. 71 incorporated in part (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

S. 71 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)(2)(6) (with arts. 15, 37, 38(2))

S. 71 incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

S. 71 incorporated in part (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

S. 71 incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

S. 71 incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

C227S. 71 incorporated in part (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

C229S. 71 incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

C231S. 71 incorporated (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

C232S. 71 incorporated (with modifications) (22.7.2005) by Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 4 (with art. 47)

C233S. 71 incorporated (with modifications) (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 4(1)(2)(4) (with arts. 3(5), 15(3))

C234S. 71 incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(3) (with arts. 34, 35(2))

C236S. 71 incorporated in part (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 4(1)(2) (with arts. 19, 28, Sch. 3 para. 13(2))

C237S. 71 incorporated (with modifications) (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1)(5) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

C238S. 71 incorporated in part (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

C239S. 71 incorporated in part (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C240S. 71 incorporated in part (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C241S. 71 incorporated in part (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C242S. 71 incorporated (with modifications) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C243S. 71 incorporated in part (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C244S. 71 incorporated in part (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C245S. 71 incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C246S. 71 incorporated in part (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C247S. 71 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C248S. 71 incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C249S. 71 incorporated in part (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C250S. 71 incorporated (with modifications) (E.W.) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 3(1)(2)

C252S. 71 incorporated in part (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C253S. 71 incorporated in part (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C254S. 71 incorporated in part (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

C257S. 71 incorporated (with modifications) (E.W.) (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 3(1)(e)(3) (with art. 51)

72 Such works to be constructed under the superintendence of the company’s engineer.E+W+N.I.

If the company so desire, all such last-mentioned accommodation works shall be constructed under the superintendence of their engineer, and according to plans and specifications to be submitted to and approved by such engineer nevertheless the company shall not be entitled to require either that plans should be adopted which would involve a greater expence than that incurred in the execution of similar works by the company, or that the plans selected should be executed in a more expensive manner than that adopted in similar cases by the company.

Modifications etc. (not altering text)

C260Ss. 72, 73 incorporated (with modifications) (4.5.1995) by S.I. 1995/1236, arts. 3(1)(a), 10(7), 11(9)

Ss. 72, 73 incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1)(3), 13(7)

Ss. 72, 73 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

Ss. 72, 73 incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

Ss. 72, 73 incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 72, 73 incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

Ss. 72, 73 incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

Ss. 72, 73 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

Ss. 72, 73 incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

S. 72 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)(2)(7) (with arts. 15, 37, 38(2))

Ss. 72, 73 incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

Ss. 72 incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

S. 72, 73 incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

C263S. 72 incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

C266S. 72 incorporated (with modifications) (22.7.2005) by Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 4 (with art. 47)

C267S. 72 incorporated (with modifications) (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 4(1)(2)(5) (with arts. 3(5), 15(3))

C268S. 72 incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

C272S. 72 incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

C273S. 72 incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C274S. 72 incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C275S. 72 incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C276S. 72 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C277S. 72 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C278S. 72 incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C279S. 72 incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C280S. 72 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C281S. 72 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C282S. 72 incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C283S. 72 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C284S. 72 incorporated (with modifications) (E.W.) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 3(1)(2)

C286S. 72 incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C287S. 72 incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

73 Accommodation works not to be required after five years.E+W+N.I.

The company shall not be compelled to make any further or additional accommodation works for the use of owners and occupiers of land adjoining the railway after the expiration of the prescribed period, or, if no period be prescribed, after five years from the completion of the works, and the opening of the railway for public use.

Modifications etc. (not altering text)

C294Ss. 72, 73 incorporated (with modifications) (4.5.1995) by S.I. 1995/1236, arts. 3(1)(a), 10(7), 11(9)

Ss. 72, 73 incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1)(3), 13(7)

Ss. 72, 73 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

Ss. 72, 73 incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

Ss. 72, 73 incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 72, 73 incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

Ss. 72, 73 incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

Ss. 72, 73 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

Ss. 72, 73 incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)(2) (with arts. 15, 37, 38(2))

Ss. 72, 73 incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

Ss. 72, 73 incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

S. 72 incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

S. 72, 73 incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

C297S. 73 incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

C300S. 73 incorporated (with modifications) (22.7.2005) by Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 4 (with art. 47)

C301S. 73 incorporated (with modifications) (25.11.2005) by Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 4(1)(2) (with arts. 3(5), 15(3))

C302S. 73 incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

C306S. 73 incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

C307S. 73 incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C308S. 73 incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C309S. 73 incorporated (with modifications) (E.W.) (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), arts. 1(1), 3

C310S. 73 incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C311S. 73 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C312S. 73 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C313S. 73 incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C314S. 73 incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C315S. 73 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C316S. 73 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C317S. 73 incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C318S. 73 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C319S. 73 incorporated (with modifications) (E.W.) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 3(1)(2)

C321S. 73 incorporated (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 29 para. 4

C322S. 73 incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C323S. 73 incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C327S. 73 incorporated (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 28 para. 4

74 Owners to be allowed to cross the railway until accommodation works are made.E+W+N.I.

Until the company shall have made the bridges or other proper communications which they shall under the provisions herein or in the special Act, or any Act incorporated therewith, contained, have been required to make between lands intersected by the railway, and no longer, the owners and occupiers of such lands, and any other persons whose right of way shall be affected by the want of such communication, and their respective servants, may at all times freely pass and repass, with carriages, horses, and other animals, directly (but not otherwise) across the part of the railway made in or through their respective lands, solely for the purpose of occupying the same lands, or for the exercise of such right of way, and so as not to obstruct the passage along the railway, or to damage the same; nevertheless, if the owner or occupier of any such lands have in his arrangements with the company received or agreed to receive compensation for or on account of any such communications, instead of the same being formed, such owner or occupier, or those claiming under him, shall not be entitled so to cross the railway.

75 Penalty on persons omitting to fasten gates.E+W+N.I.

If any person omit to shut and fasten any gate [F38or to lower any barrier] set up at either side of the railway for the accommodation of the owners or occupiers of the adjoining lands as soon as he and the carriage, cattle, or other animals under his care have passed through the same, he shall forfeit for every such offence any sum [F39not exceeding level 3 on the standard scale.]

Textual Amendments

F38Words in s. 75 inserted (E.W.) (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 49(1)(2); S.I. 1992/1347, art. 2,Sch.

F39Words in s. 75 substituted (E.W.) (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 49(1)(3); S.I. 1992/1347, art. 2,Sch.

Modifications etc. (not altering text)

C330S. 75 incorporated (28.1.1991) by S.I. 1991/134, art. 3(1)

S. 75 incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 75 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 75 modified (29.3.1993) by 1993 c. iv, s. 27(6)

S. 75 incorporated (with modifications) (4.5.1995) by S.I. 1995/1236, arts. 3(1)(a), 10(7), 11(9)

S. 75 incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1)(3), 13(7)

S. 75 applied (8.11.1995) by 1995 c. viii, s. 2

S. 75 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 75 incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

S. 75 incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

S. 75 incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

S. 75 incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

S. 75 incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

S. 75 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

S. 75 incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, arts. 3(1)(2)

S. 75 incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

S. 75 incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

S. 75 incorporated (with modifications) (29.3.2001) by S.I. 2001/1347, art. 4(1)(2) (with arts. 15, 37, 38(2))

S. 75 incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

C333S. 75 incorporated (with modifications) (22.7.2005) by Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 4 (with art. 47)

C336S. 75 incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

C337S. 75 incorporated (with modifications) (E.W.) (27.8.2010) by The Llangollen and Corwen Railway Order 2010 (S.I. 2010/2136), arts. 1(1), 3

C338S. 75 incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C339S. 75 incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C340S. 75 incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C341S. 75 incorporated (with modifications) (E.W.) (16.12.2015) by The Network Rail (Tinsley Chord) Order 2015 (S.I. 2015/1876), arts. 1, 3(1)(2)

C342S. 75 incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C343S. 75 incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C348S. 75 incorporated (with modifications) (E.W.) (25.4.2024) by The Network Rail (Church Fenton Level Crossing Reduction) Order 2024 (S.I. 2024/526), arts. 1, 3

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40E+W+N.I.

Textual Amendments

X1Working of minesE+W+N.I.

Editorial Information

X1Ss. 77-85 as originally enacted are set out following s. 85E below

And with respect to mines lying under or near the railway, be it enacted as follows:

77 Company not to be entitled to minerals, unless expressly purchased. E+W+N.I.

The company shall not be entitled to any mines of coal, ironstone, slate, or other minerals under any land purchased by them, except only such parts thereof as shall be necessary to be dug or carried away or used in the construction of the works, unless the same shall have been expressly purchased: and all such mines, excepting as aforesaid, shall be deemed to be excepted out of the conveyance of such lands, unless they shall have been expressly named therein and conveyed thereby.

Modifications etc. (not altering text)

C349Power to incorporate s. 77 and ss. 78–85 as originally enacted, conferred by New Towns Act 1981 (c. 64, SIF 123:3), s. 14(3)(4) (ss. 77-85 as originally enacted are set out following s. 85E below)

C350S. 77 incorporated (29.1.1991) by S.I. 1991/134, art. 3(1)

S. 77 incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 77 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 77 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 77 incorporated (with modifications) (12.9.1995) by S.I. 1995/2446, art. 3

S. 77 incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

S. 77 incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, arts. 3(1)(2)

Ss. 77-85E incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 77-85E incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

S. 77 incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

S. 77 incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

S. 77 incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, arts. 3(1)(3)

S. 77 incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

S. 77 incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

S. 77 incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

S. 77 incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

S. 77 incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

S. 77 incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

S. 77 incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

S. 77 incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

S. 77 incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

S. 77 incorporated (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

S. 77 incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

S. 77 incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

S. 77 incorporated (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

S. 77 incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

S. 77 incorporated (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 4(1)(2) (with arts. 19, 28, Sch. 3 para. 13(2))

S. 77 incorporated (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

S. 77 incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

C351S. 77 incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C352S. 77 incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C353S. 77 incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C354S. 77 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C355S. 77 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C356S. 77 incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C357S. 77 incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C358S. 77 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C359S. 77 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C360S. 77 incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C361S. 77 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C362S. 77 incorporated (with modifications) (E.W.) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 3(1)(3)

C363S. 77 incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C364S. 77 incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C365S. 77 incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

C366S. 77 incorporated (E.W.) (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 3(1) (with art. 46(2), Sch. 19 para. 61)

C370S. 77 incorporated (with modifications) (E.W.) (25.4.2024) by The Network Rail (Church Fenton Level Crossing Reduction) Order 2024 (S.I. 2024/526), arts. 1, 3

[F4178 Conditions under which minerals under railway may be worked. E+W+N.I.

(1)If the mine owner of minerals lying under an area of protection as hereinafter defined is desirous of working any such minerals, he shall give to the company and also to the royalty owner (if any) notice of his intention so to do at least thirty days before the commencement of the working and on the receipt of such notice the company and the royalty owner respectively may cause the minerals to be inspected by any person appointed for the purpose by the company or royalty owner as the case may be.

(2)If it appears to the company that the working of any of the minerals to which such notice relates will be likely to damage the railway or works or any part thereof, the company may, at any time after the receipt of such notice, give a counter-notice to the mine owner requiring him to leave unworked all or any part of such minerals, and the counter-notice shall specify the minerals, (hereinafter referred to as the specified minerals) so required to be left unworked and the particular portion of the railway or works (hereinafter referred to as the protected works) for the support of which the specified minerals are required to be left unworked.

(3)Where any such counter-notice has been served on the mine owner, he shall forthwith serve a copy thereof on the royalty owner (if any).

(4)Where any such counter-notice has been served on the mine owner, the specified minerals shall not be worked or got after the service of the counter-notice, and the company shall pay compensation to the mine owner and the royalty owner (if any) for the loss caused by the specified minerals being left unworked.

(5)The area of protection in relation to any seam of minerals shall be the area comprising any railway or works of the company and such a lateral distance therefrom, on all or both sides thereof, as is equal at each point along the railway to one-half of the depth of the seam at that point or forty yards, whichever be the greater; and, when the said lateral distance exceeds forty yards, the area of protection shall be divided into two areas:

(a)an inner area of protection consisting of the area comprising the railway or works and a distance of forty yards therefrom on all or both sides thereof; and

(b)an outer area of protection consisting of so much of the area of protection as is not included in the inner area of protection.]

Textual Amendments

F41Ss. 78-85E substituted for ss. 78-85 by Mines (Working Facilities and Support) Act 1923 (c. 20), s. 15

Modifications etc. (not altering text)

C371Power to incorporate s. 77 and ss. 78–85 as originally enacted, conferred by New Towns Act 1981 (c. 64, SIF 123:3), s. 14(3)(4) (ss. 77-85 as originally enacted are set out following s. 85E below)

C373S. 78 incorporated (29.1.1991) by S.I. 1991/134, art. 3(1)

S. 78: Ss. 78-85 applied (with modifications) (28.3.1991) by S.I.1991/933, art.3(4)

S. 78 incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 78 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 78 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

S. 78, 85E incorporated (with modifications) (4.5.1995) by S.I. 1995/1236, arts. 3(1), 10(7), 11(9)

Ss. 78-85E incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1), 13(7)

Ss. 78-85E incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

Ss. 78-85E incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

Ss. 77-85E incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 77-85E incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

Ss. 78-85E incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

Ss. 78-85E applied (10.2.1997) by S.I. 1997/264, art. 7(3)

Ss. 78-85E incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

Ss. 78-85E incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

S. 78-85E incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

Ss. 78-85E incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

Ss. 78-85E incorporated (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

Ss. 78-85E incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

Ss. 78-85E incorporated (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 3(1)(3)

Ss. 78-85E incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

Ss. 78-85E incorporated (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 4(1)(2) (with arts. 19, 28, Sch. 3 para. 13(2))

Ss. 78-85E incorporated (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

Ss. 78-85E incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

C374Ss. 78-85E incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C375Ss. 78-85E incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C376Ss. 78-85E incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C377Ss. 78-83 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C378Ss. 78-83 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C379Ss. 78-85E incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C380Ss. 78-85E incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C381Ss. 78-83 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C382Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C383Ss. 78-85E incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C384Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C385Ss. 78-85E incorporated (with modifications) (E.W.) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 3(1)(3)

C386Ss. 78-85E incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C387Ss. 78-85E incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C388Ss. 78-83 incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

78A Compensation for leaving minerals unworked.E+W+N.I.

(1)The compensation payable by the company to the mine owner and the royalty owner respectively for the loss caused by the specified minerals being left unworked shall, in default of agreement, be determined by arbitration:

Provided that so far as such compensation is payable in respect of the value of specified minerals—

(i)the compensation payable to the mine owner and to the royalty owner shall be separately assessed;

(ii)the compensation payable to the mine owner shall be a sum for each ton of the specified minerals, the rate per ton in the case of minerals lying under the outer area of protection being one-third of the rate which is or would be awarded in the case of minerals lying under the inner area of protection;

(iii)the compensation payable to the royalty owner shall be based on the amount which would have been received from time to time by way of royalty in respect of the specified minerals if they had been worked out in the ordinary course, and the royalties payable had been—

(a)in the case of such of the specified minerals as lie under the inner area of protection, the same as those reserved by and payable under the lease comprising the minerals and subsisting at the date of the counter-notice; and

(b)in the case of such of the specified minerals as lie under the outer area of protection, one-third of the royalties so reserved and payable with the addition to such one-third of one penny per ton;

(iv)in every case the arbitrator shall state in his award the tonnage of the specified minerals on which his award is based.

(2)The mine owner shall also be entitled to be paid by the company the amount of any increase in the cost of working any part of his minerals (other than the specified minerals) which may have been caused by the failure of the company to give the counter-notice within such a reasonable time as would have enabled the mine owner to avoid such increase in cost, and, in default of agreement, the amount so payable by the company shall be determined by arbitration.

Modifications etc. (not altering text)

C374Ss. 78-85E incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C375Ss. 78-85E incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C376Ss. 78-85E incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C377Ss. 78-83 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C378Ss. 78-83 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C379Ss. 78-85E incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C380Ss. 78-85E incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C381Ss. 78-83 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C382Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C383Ss. 78-85E incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C384Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C385Ss. 78-85E incorporated (with modifications) (E.W.) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 3(1)(3)

C386Ss. 78-85E incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C387Ss. 78-85E incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C388Ss. 78-83 incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

C394S. 78A incorporated (29.1.1991) by S.I. 1991/134, art. 3(1)

S. 78: Ss. 78-85 applied (with modifications) (28.3.1991) by S.I.1991/933, art. 3(4)

S. 78A incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 78A incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 78A incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

Ss. 78-85E incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1), 13(7)

Ss. 78-85E incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

Ss. 78-85E incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

Ss. 77-85E incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 77-85E incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

Ss. 78-85E incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

Ss. 78-85E applied (10.2.1997) by S.I. 1997/264, art. 7(3)

Ss. 78-85E incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

Ss. 78-85E incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

Ss. 78-85E incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

Ss. 78-85E incorporated (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

Ss. 78-85E incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

Ss. 78-85E incorporated (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 3(1)(3)

Ss. 78-85 incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

Ss. 78-85E incorporated (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 4(1)(2) (with arts. 19, 28, Sch. 3 para. 13(2))

Ss. 78-85E incorporated (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

Ss. 78-85E incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

C395Reference to one penny to be read as reference to equivalent amount in new currency: Decimal Currency Act 1969 (c. 19), s. 10(1)

79 Power to work minerals not affected by a counter-notice. E+W+N.I.

(1)If within thirty days from the service by a mine owner on the company of a notice of intention to work any minerals no counter-notice is served by the company, the mine owner may, after the expiration of those thirty days, and until a counter-notice is served, work any minerals to which the notice relates, so, nevertheless, that the same be done in the manner proper and necessary for the beneficial working thereof, and according to the usual manner of working such minerals in the district where the same shall be situated.

Where a counter-notice is served, whether before or after the expiration of the said thirty days, and the counter-notice does not require the mine owner to leave unworked the whole of the minerals to which the notice relates, the foregoing provisions shall apply to any minerals to which the notice relates which are not specified minerals in like manner as if no such counter-notice had been served.

(2)If any damage or obstruction is occasioned to the railway or works by any improper working of such minerals, the same shall be forthwith repaired or removed (as the case may require) and such damage made good by the mine owner at his own expence; and if such repair or removal is not forthwith done, or, if the company think fit, without waiting for the same to be done by the mine owner, they may execute the same and recover from the mine owner the expence occasioned thereby by action.

Modifications etc. (not altering text)

C374Ss. 78-85E incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C375Ss. 78-85E incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C376Ss. 78-85E incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C377Ss. 78-83 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C378Ss. 78-83 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C379Ss. 78-85E incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C380Ss. 78-85E incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C381Ss. 78-83 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C382Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C383Ss. 78-85E incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C384Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C385Ss. 78-85E incorporated (with modifications) (E.W.) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 3(1)(3)

C386Ss. 78-85E incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C387Ss. 78-85E incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C388Ss. 78-83 incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

C396Power to incorporate s. 77 and ss. 78–85 as originally enacted, conferred by New Towns Act 1981 (c. 64, SIF 123:3), s. 14(3)(4) (ss. 77-85 as originally enacted are set out following s. 85E below)

C397S. 79 incorporated (29.1.1991) by S.I. 1991/134, art. 3(1)

S. 79: Ss. 78-85 applied (with modifications)(28.3.1991) by S.I. 1991/933, art.3(4)

S. 79 incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 79 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 79 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

Ss. 78-85E incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1), 13(7)

Ss. 78-85E incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

Ss. 78-85E incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

Ss. 77-85E incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 77-85E incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

Ss. 78-85E incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

Ss. 78-85E applied (10.2.1997) by S.I. 1997/264, art. 7(3)

Ss. 78-85E incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

Ss. 78-85E incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

Ss. 78-85E incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

Ss. 78-85E incorporated (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

Ss. 78-85E incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

Ss. 78-85E incorporated (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 3(1)(3)

Ss. 78-85E incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

Ss. 78-85E incorporated (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 4(1)(2) (with arts. 19, 28, Sch. 3 para. 13(2))

Ss. 78-85E incorporated (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

Ss. 78-85E incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

79A Liability in respect of authorised workings. E+W+N.I.

(1)If a mine owner works any minerals lying under any part of the area of protection in the manner authorised by this Act, he shall nevertheless become liable on demand by the company (subject as hereinafter provided) to contribute towards the expenses properly incurred, or to be incurred, by the company from time to time thereafter in making good any damage caused by such working to the railway or works of the company (not being protected works comprised in any counter-notice relating to such area of protection) the appropriate percentage (if any) of those expenses, the appropriate percentage being such as is specified in the First Schedule to this Act according to the depth of the minerals being so worked.

(2)The liability of a mine owner under this section in respect of any part of the railway or works on which such expenditure has been incurred shall not exceed an aggregate sum equivalent to [F422½p] for each ton of the commercially workable minerals, gotten or ungotten, in such part of any seams as lies under the area ascertained as respects the several seams in accordance with the rules contained in the Second Schedule to this Act, being seams which have been or are being worked under such area as aforesaid:

Provided that, in ascertaining such aggregate sum as aforesaid, minerals gotten more than six years before the date on which a contribution shall have been demanded by the company under this section shall not be reckoned.

(3)Any mine owner making a contribution under this section, who is a lessee, shall be entitled to deduct from any royalties then or thereafter becoming due from him to the royalty owner under the lease, one-third part of the amount which he has so contributed as aforesaid, subject, however, to this limitation: that if the royalty payable by the mine owner under his lease is at the rate of less than [F422½p] per ton, the amount deducted shall not exceed the amount produced by multiplying one-third of such rate per ton by the tonnage of the minerals with reference to the aggregate amount of which the maximum liability of the mine owner is to be so calculated as aforesaid; and, where the mine owner is entitled to make such a deduction, the sum reserved by and payable under the lease shall be deemed to be the next amount arrived at after making the deduction:

Provided that no such deduction shall be allowed when the liability of the mine owner to the company is a liability arising out of an arrangement between the mine owner and the company with respect to the working of minerals under or near the railway or works.

(4)The liability of a mine owner under this section shall be subject to the following further limitation as respects damage done by workings in any single mine, that is to say, that when the aggregate of the sums paid by the mine owner in satisfaction of such liability amounts to a sum equivalent to [F422½p] for each ton of commercially workable minerals, gotten or ungotten, in such part of any seams as lies within the mines and under an area extending laterally on both sides of the railway or works to a distance ascertained in accordance with Rule 1 of the said Second Schedule and extending longitudinally to a distance co-extensive with the portion of the railway lying over or adjacent to the mine, being seams which have been or are being worked under such area as aforesaid, the mine owner shall not be liable to make any further contribution under this section towards the expenses of making good any damage caused to any part of the railway or works by the working of such seams as aforesaid in that mine.

For the purposes of this provision, all the minerals which the mine owner is entitled to work, and which have been, or would in the ordinary course of events and in accordance with good mining practice be, worked from the same shafts or adits shall be deemed to be a single mine.

Where the liability of a mine owner under subsection (2) of this section is reduced by the operation of this subsection, the right of the mine owner under subsection (3) thereof to make deductions from royalties shall be proportionately reduced.

(5)Where a single mine, as hereinbefore defined, is held under leases granted by more than one lessor, any deductions which the mine owner is authorised under this section to make shall be made from the royalties payable to such one or more of such lessors, and in the latter case in such proportions, as in default of agreement may, on the application of the mine owner or any of the royalty owners, be determined by arbitration.

(6)If any dispute arises as to the amount of the expenses towards which a mine owner is liable to contribute under this section, or the amount of his contribution, or the amount to be deducted as between a mine owner and a royalty owner, it shall be settled by arbitration, and, where any such arbitration between a company and a mine owner is to be held, the royalty owner (if any) shall be entitled to have notice of the intended arbitration, and to appear and be heard at the arbitration proceedings.

Textual Amendments

Modifications etc. (not altering text)

C374Ss. 78-85E incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C375Ss. 78-85E incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C376Ss. 78-85E incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C377Ss. 78-83 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C378Ss. 78-83 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C379Ss. 78-85E incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C380Ss. 78-85E incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C381Ss. 78-83 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C382Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C383Ss. 78-85E incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C384Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C385Ss. 78-85E incorporated (with modifications) (E.W.) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 3(1)(3)

C386Ss. 78-85E incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C387Ss. 78-85E incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C388Ss. 78-83 incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

C399S. 79A incorporated (29.1.1991) by S.I. 1991/134, art. 3(1).

S. 79A: Ss. 78-85 applied (with modifications) (28.3.1991) by S.I. 1991/933, art. 3(4)

S. 79A incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 79A incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 79A incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

Ss. 78-85E incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1), 13(7)

Ss. 78-85E incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

Ss. 78-85E incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

Ss. 77-85E incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 77-85E incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

Ss. 78-85E incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

Ss. 78-85E applied (10.2.1997) by S.I. 1997/264, art. 7(3)

Ss. 78-85E incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

Ss. 78-85E incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

Ss. 78-85E incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

Ss. 78-85E incorporated (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

Ss. 78-85E incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

Ss. 78-85E incorporated (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 3(1)(3)

Ss. 78-85E incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

79B Notices and accounts with respect to damage.E+W+N.I.

(1)When and so far as reasonable and practicable, the company shall give notice to the mine owner and the royalty owner (if any) affected specifying particulars of—

(i)the railway or works to which damage has been caused or to which damage is apprehended from the working of any minerals under the area of protection sufficient to enable the same to be identified;

(ii)the nature of the damage or apprehended damage; and

(iii)the nature of the works intended to be carried out for the purpose of making good or preventing the damage.

(2)The company shall keep separate accounts differentiating the cost of the ordinary maintenance of the railway or works from the cost of making good any damage caused to the railway or works by the working of any minerals under the area of protection, and such accounts shall, at all reasonable times, be open for inspection by or on behalf of a mine owner working minerals under or near to such railway or works and the royalty owner (if any) of such minerals.

Modifications etc. (not altering text)

C374Ss. 78-85E incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C375Ss. 78-85E incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C376Ss. 78-85E incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C377Ss. 78-83 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C378Ss. 78-83 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C379Ss. 78-85E incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C380Ss. 78-85E incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C381Ss. 78-83 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C382Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C383Ss. 78-85E incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C384Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C385Ss. 78-85E incorporated (with modifications) (E.W.) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 3(1)(3)

C386Ss. 78-85E incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C387Ss. 78-85E incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C388Ss. 78-83 incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

C400S. 79B incorporated (29.1.1991) by S.I. 1991/134, art. 3(1)

S. 79B: Ss. 78-85 applied (with modifications) (28.3.1991) art. 3(4)

S. 79B incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 79B incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 79B incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

Ss. 78-85E incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1), 13(7)

Ss. 78-85E incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

Ss. 78-85E incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

Ss. 77-85E incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 77-85E incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

Ss. 78-85E incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

Ss. 78-85E applied (10.2.1997) by S.I. 1997/264, art. 7(3)

Ss. 78-85E incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

Ss. 78-85E incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

Ss. 78-86E incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

Ss. 78-85E incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

Ss. 78-85E incorporated (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

Ss. 78-85E incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

Ss. 78-85E incorporated (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 3(1)(3)

Ss. 78-85E incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

Ss. 78-85E incorporated (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 4(1)(2) (with arts. 19, 28, Sch. 3 para. 13(2))

Ss. 78-85E incorporated (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

Ss. 78-85E incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

80 Rights of access through specified minerals. E+W+N.I.

If the working of any minerals is prevented under this Act by reason of a counter-notice, a mine owner whose minerals extend so as to lie on both sides of the specified minerals may cut and make such airways, headways, gateways, or water levels through the specified minerals and the strata above or below the same or any of them as may be requisite to enable him to ventilate, drain, and work his remaining minerals; but no such airway, headway, gateway, or water level shall be cut or made upon or so as to injure any part of the protected works, or within forty yards of any other airway, headway, gateway, or water level, nor shall the same without the consent of the company (which consent shall not be unreasonably withheld) be greater than eight feet wide and eight feet high, unless the top of the same is more than one hundred and sixty yards below the average rail level of the protected works, or, if the top exceeds that distance, than thirteen feet wide and eight feet high.

Modifications etc. (not altering text)

C374Ss. 78-85E incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C375Ss. 78-85E incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C376Ss. 78-85E incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C377Ss. 78-83 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C378Ss. 78-83 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C379Ss. 78-85E incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C380Ss. 78-85E incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C381Ss. 78-83 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C382Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C383Ss. 78-85E incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C384Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C385Ss. 78-85E incorporated (with modifications) (E.W.) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 3(1)(3)

C386Ss. 78-85E incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C387Ss. 78-85E incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C388Ss. 78-83 incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

C401Power to incorporate s. 77 and ss. 78–85 as originally enacted, conferred by New Towns Act 1981 (c. 64, SIF 123:3), s. 14(3)(4) (ss. 77-85 as originally enacted are set out following s. 85E below)

C402S. 80 incorporated (29.1.1991) by S.I. 1991/134, art 3(1)

S. 80: Ss. 78-85 applied (with modifications) (28.3.1991) by S.I.1991/933, art.3(4)

S. 80 incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 80 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 80 incorporated (28.9.1991) by s.I. 1991/2210, art. 3(1)

Ss. 78-85E incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1), 13(7)

Ss. 78-85E incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

Ss. 78-85E incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

Ss. 77-85E incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 77-85E incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

Ss. 78-85E incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

Ss. 78-85E applied (10.2.1997) by S.I. 1997/264, art. 7(3)

Ss. 78-85E incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

Ss. 78-85E incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

Ss. 78-85E incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

Ss. 78-85E incorporated (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

Ss. 78-85E incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

Ss. 78-85E incorporated (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 3(1)(3)

Ss. 78-85E incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

Ss. 78-85E incorporated (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 4(1)(2) (with arts. 19, 28, Sch. 3 para. 13(2))

Ss. 78-85E incorporated (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

Ss. 78-85E incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

81 Additional expenses for severance. E+W+N.I.

(1)Where a counter-notice has been given by the company to a mine owner, the company shall from time to time pay to the mine owner the appropriate percentage (if any) of all such additional expences and losses as may be incurred by such mine owner in consequence of such counter-notice by reason of—

(i)the continuous working of the mine being interrupted; or

(ii)the mine being worked in such manner and under such restrictions as not to prejudice or injure the protected works.

(2)For the purpose of this section, the appropriate percentage means the percentage determined in accordance with the rules contained in the Third Schedule to this Act.

(3)If any question or dispute arises between the company and the mine owner concerning the amount of such losses or expenses, or as to the appropriate percentage, it shall be settled by arbitration.

(4)Where the minerals specified in a counter-notice lie in different seams, the amount payable by the company to the mine owner under this section shall be calculated separately as respects each seam:

Provided that, where the works on which any additional expenditure is incurred serve more than one seam, that expenditure shall, for the purposes of this section, be apportioned between the seams served in such manner as, in default of agreement, may be determined by arbitration.

Modifications etc. (not altering text)

C374Ss. 78-85E incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C375Ss. 78-85E incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C376Ss. 78-85E incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C377Ss. 78-83 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C378Ss. 78-83 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C379Ss. 78-85E incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C380Ss. 78-85E incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C381Ss. 78-83 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C382Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C383Ss. 78-85E incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C384Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C385Ss. 78-85E incorporated (with modifications) (E.W.) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 3(1)(3)

C386Ss. 78-85E incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C387Ss. 78-85E incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C388Ss. 78-83 incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

C403Power to incorporate s. 77 and ss. 78–85 as originally enacted, conferred by New Towns Act 1981 (c. 64, SIF 123:3), s. 14(3)(4) (ss. 77-85 as originally enacted are set out following s. 85E below)

C404S. 81 incorporated (29.1.1991) by S.I. 1991/134, art. 3(1)

S. 81: Ss. 78-85 applied (with modifications) (28.3.1991) by S.I. 1991/933, art. 3(4)

S. 81 incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 81 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 81 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

Ss. 78-85E incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1), 13(7)

Ss. 78-85E incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

Ss. 78-85E incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

Ss. 77-85E incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 77-85E incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

Ss. 78-85E incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

Ss. 78-85E applied (10.2.1997) by S.I. 1997/264, art. 7(3)

Ss. 78-85E incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

Ss. 78-85E incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

Ss. 78-85E incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

Ss. 78-85E incorporated (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

Ss. 78-85E incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

Ss. 78-85E incorporated (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 3(1)(3)

Ss. 78-85E incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

Ss. 78-85E incorporated (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 4(1)(2) (with arts. 19, 28, Sch. 3 para. 13(2))

Ss. 78-85E incorporated (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

Ss. 78-85E incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 3(1)(3) (with art. 36(3))

82 Compensation to surface owners. E+W+N.I.

If any loss or damage is sustained by the owner, lessee, or occupier of the land over any specified minerals (not being the owner or lessee of the specified minerals) by reason of the making of such airway or other authorised work as aforesaid, where neither that work nor any like work, would have been necessary save on account of the prevention of the working of the minerals, the company shall make full compensation to such owner, lessee, or occupier of the surface for the loss or damage sustained by him, such compensation in default of agreement to be determined by arbitration.

Modifications etc. (not altering text)

C374Ss. 78-85E incorporated (with modifications) (30.12.2009) by South Devon Railway Order 2009 (S.I. 2009/3281), arts. 1, 3

C375Ss. 78-85E incorporated (with modifications) (E.W.) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 3(1)(3)

C376Ss. 78-85E incorporated (with modifications) (E.W.) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 3

C377Ss. 78-83 incorporated (E.W.) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 3(1) (with art. 26(2))

C378Ss. 78-83 incorporated (with modifications) (E.W.) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 3(1)(3) (with art. 35(2))

C379Ss. 78-85E incorporated (with modifications) (E.W.) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 3(1)(3) (with art. 42(2))

C380Ss. 78-85E incorporated (E.W.) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 3(1) (with art. 3(3))

C381Ss. 78-83 incorporated (with modifications) (E.W.) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 3(1)(3) (with arts. 27(2), 39, Sch. 10 para. 4)

C382Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 3(1)(3) (with art. 34(2))

C383Ss. 78-85E incorporated (E.W.) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 3(1) (with art. 31(2))

C384Ss. 78-83 incorporated (with modifications) (E.W.) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 3(1)(3) (with art. 36(2))

C385Ss. 78-85E incorporated (with modifications) (E.W.) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 3(1)(3)

C386Ss. 78-85E incorporated (with modifications) (E.W.) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 3(1)(3) (with art. 32(2))

C387Ss. 78-85E incorporated (with modifications) (E.W.) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 3(1)(3) (with arts. 24(8), 33(2))

C388Ss. 78-83 incorporated (with modifications) (E.W.) (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 3(1)(3) (with art. 31(2))

C405Power to incorporate s. 77 and ss. 78–85 as originally enacted, conferred by New Towns Act 1981 (c. 64, SIF 123:3), s. 14(3)(4) (ss. 77-85 as originally enacted are set out following s. 85E below)

C406S. 82 incorporated (29.1.1991) by S.I. 1991/134, art. 3(1)

S. 82: Ss. 78-85 applied (with modifications) (28.3.1991) by S.I. 1991/933, art. 3(4)

S. 82 incorporated (25.4.1991) by S.I. 1991/1111, art. 3(1)

S. 82 incorporated (31.8.1991) by S.I. 1991/1965, art. 5(1)

S. 82 incorporated (28.9.1991) by S.I. 1991/2210, art. 3(1)

Ss. 78-85E incorporated (with modifications) (29.6.1995) by S.I. 1995/2143, arts. 3(1), 13(7)

Ss. 78-85E incorporated (with modifications) (4.5.1996) by S.I. 1996/1267, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(1)(3)

Ss. 78-85E incorporated (with modifications) (11.11.1996) by S.I. 1996/2714, art. 3(1)(2)

Ss. 77-85E incorporated (2.11.1996) by S.I. 1996/2867, art. 3(1)

Ss. 77-85E incorporated (with modifications) (22.1.1997) by S.I. 1997/102, arts. 3(1), 12(10)

Ss. 78-85E incorporated (with modifications) (10.2.1997) by S.I. 1997/264, art. 3(1)(3)

Ss. 78-85E applied (10.2.1997) by S.I. 1997/264, art. 7(3)

Ss. 78-85E incorporated (with modifications) (21.5.1997) by S.I. 1997/1266, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (29.7.1997) by S.I. 1997/1688, arts. 3(1)(2), 13(7)

Ss. 78-85E incorporated (with modifications) (9.10.1997) by S.I. 1997/2534, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (27.8.1998) by S.I. 1998/1936, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (13.1.1999) by S.I. 1998/3269, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (21.7.1999) by S.I. 1999/2129, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (20.8.1999) by S.I. 1999/2336, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (4.8.2000) by S.I. 2000/2585, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (18.7.2001) by S.I. 2001/2870, art. 3(1)(2)

Ss. 78-85E incorporated (with modifications) (9.11.2001) by S.I. 2001/3682, art. 3(1)(3)

Ss. 78-85E incorporated (with modifications) (12.2.2002) by S.I. 2002/366, art. 3(1) (with Sch. 2)

Ss. 78-85E incorporated (with modifications) (30.4.2002) by S.I. 2002/1065, art. 3(1)

Ss. 78-85E incorporated (28.4.2003) by Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 3(1) (with art. 40)

Ss. 78-85E incorporated (12.1.2004) by The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 (S.I. 2003/3364), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (4.3.2004) by The Network Rail (West Coast Main Line) Order 2004 (S.I. 2004/389), arts. 1, 3(1)(2) (with art. 38)

Ss. 78-85E incorporated (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 3(1)

Ss. 78-85E incorporated (with modifications) (3.7.2006) by Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 3(1)(3)

Ss. 78-85E incorporated (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 3(1)(2) (with arts. 34, 35(2))

Ss. 78-85E incorporated (with modifications) (28.9.2007) by London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 4(1)(2) (with arts. 19, 28, Sch. 3 para. 13(2))

Ss. 78-85E incorporated (16.5.2008) by London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 7(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

Ss. 78-85E incorporated (with modifications) (14.10.2008) by Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512),