The Network Rail (Nuneaton North Chord) Order 2010
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The Network Rail (Nuneaton North Chord) Order 2010
Statutory Instruments
Transport And Works, EnglandTransport, EnglandMade29 th June 2010Coming into force20 th July 2010An application has been made to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006(1) for an Order under sections 1 and 5 of the Transport and Works Act 1992(2) (“the 1992 Act”).The Secretary of State has caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act.The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change in the proposals.Notice of the Secretary of State’s determination was published in the London Gazette on 23 rd June 2010.The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5 , 7 , 8 , 10 , 11 and 16 of Schedule 1 to, the 1992 Act makes the following Order:—PART 1 PRELIMINARYCitation and commencement1. This Order may be cited as the Network Rail (Nuneaton North Chord) Order 2010 and shall come into force on 20 th July 2010.Interpretation2.—(1) In this Order—“the 1961 Act” means the Land Compensation Act 1961(3);“the 1965 Act” means the Compulsory Purchase Act 1965(4);“the 1990 Act” means the Town and Country Planning Act 1990(5);“the 1991 Act” means the New Roads and Street Works Act 1991(6);“the 2003 Act” means the Communications Act 2003(7);“address” includes any number or address used for the purposes of electronic transmission;“authorised works” means the scheduled works and any other works authorised by this Order;“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;“building” includes any structure or erection or any part of a building, structure or erection;“carriageway” has the same meanings as in the Highways Act 1980(8);“electronic communications network” has the same meaning as in the 2003 Act(9);“electronic transmission” means a communication transmitted—by means of an electronic communications network; orby other means but while in electronic form;“footway” has the same meaning as in the Highways Act 1980;“highway” and “highway authority” have the same meaning as in the Highways Act 1980;“the limits of deviation” means the limits of deviation for the scheduled works shown on the Order plans;“the limits of land to be acquired or used” means the limits of land to be acquired or used shown on the Order plans;“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;“Network Rail” means Network Rail Infrastructure Limited (Company No. 02904587) whose registered office is at Kings Place, 90 York Way, London N1 9 AG;“the Order limits” means the limits of deviation and the limits of land to be acquired or used which are shown on the Order plans;“the Order plans” means the plans certified by the Secretary of State as the Order plans for the purposes of this Order;“the Order sections” means the sections certified by the Secretary of State as the Order sections for the purposes of this Order;“owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 1981(10);“the scheduled works” means the works specified in Schedule 1 (scheduled works) or any part of them;“statutory undertaker” means—any person who is a statutory undertaker for any of the purposes of the 1990 Act; andany public communications provider within the meaning of section 151(1) of the 2003 Act;“street” includes part of a street;“street authority” in relation to a street, has the same meaning as in Part 3 of the 1991 Act;“the tribunal” means the Upper Tribunal; and“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space above its surface.(3) Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.(4) References in this Order to numbered plots are references to plot numbers on the Order plans.(5) References in this Order to points identified by letters, or letters and numbers, are to be construed as references to points on the Order plans.(6) All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands are approximate and distances between points on a scheduled work shall be taken to be me...See the full content of this document
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