The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/3364 |
2003 No. 3364
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003
Made 22th December 2003
Coming into force 12th January 2004
Whereas an application has been made to the Secretary of State for Transport (“the Secretary of State”), in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under sections 6, 7 and 10 of the Transport and Works Act 19922(“the Act”), for an Order under sections 1 and 5 of the Act;
And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the Act;
And whereas the Secretary of State, having considered 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 his opinion do not make any substantial change in the proposals;
And whereas the Secretary of State is satisfied that the provision of an alternative right of way for the street mentioned in Part 2 of Schedule 3 is not required;
And whereas, having considered representations duly made to him pursuant to section 13 of the Act, the Secretary of State has determined to make the Order applied for with modifications;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 16th December 2003;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1 to 8, 10 and 11 and 15 to 17 of Schedule 1 to the Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003 and shall come into force on 12th January 2004.
Interpretation
2.—(1) In this Order—
“the 1965 Act” means the Compulsory Purchase Act 19653;
“the 1991 Act” means the New Roads and Street Works Act 19914;
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 19925;
“authorised railway” means any railway line or siding constructed as part of the works specified in Schedule 1 to this Order;
“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;
“highway” and “highway authority” have the same meaning as in the Highways Act 19806;
“the land plan” means the plan certified by the Secretary of State as the land plan for the purpose of this Order;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purposes of this definition “associated company” means any company which is (within the meaning of section 736 of the Companies Act 19857) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“the sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the 1991 Act;
“the tribunal” means the Lands Tribunal;
“the undertaker” means Alconbury Developments Limited;
“the works plans” means the plans described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order certified by the Secretary of State as the works plans for the purpose of this Order.
(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 over 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) All distances, directions and lengths stated in the description of the scheduled works or in any description of power shall be construed as if the words “or thereabouts” were inserted after each such distance, direction and length.
Incorporation of enactments relating to railways
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18458shall be incorporated in this Order—
section 24 (obstructing construction of railway);
(subject to paragraph (4)), section 46 (crossing of roads and construction of bridges)
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
section 77 (presumption that minerals exempted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923;
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties);
(2) The following provision of the Railways Clauses Act 18639shall be incorporated in this Order—
section 12 (signals, watchmen etc.).
(3) In that provision, as incorporated in this Order—
“the company” means the undertaker;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works.
(4) In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always that the plans and specification of such works are subject to the approval of the highway authority and subject to such conditions as the authority may reasonably impose”.
Incorporation of local railway enactments
4.—(1) Any enactment by which any railway or former railway of Network Rail situated within the limits of deviation was authorised shall have effect subject to the provisions of this Order.
(2) Nothing in paragraph (1) shall prejudice any express statutory provision for—
(a)
(a) the protection of the owner, lessee or occupier of any specifically designated property,
(b)
(b) the protection or benefit of any public trustees or commissioners, corporation or other person, specifically named in such provision, or
(c)
(c) the protection of apparatus of water or sewerage undertakers.
PART 2
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
5.—(1) The undertaker may construct and maintain the scheduled works.
(2) Subject to article 6, the scheduled works shall be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
(3) Subject to paragraph (5), the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled works, namely—
(a)
(a) works to alter the position of apparatus, including mains, sewers, drains and cables,
(b)
(b) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
(c)
(c) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works, and
(d)
(d) works for the benefit or protection of premises affected by the scheduled works.
(4) Subject to paragraph (5), the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
(5) Paragraphs (3) and (4)—
(a)
(a) shall only authorise the carrying out or maintenance of works outside the limits of deviation for the scheduled works shown on the works plans if the works are carried out on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule, and
(b)
(b) shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
Power to deviate
6. In constructing or maintaining any of the scheduled works, the undertaker may—
(a) deviate laterally from the lines or situations shown on the works plans within the limits of deviation for that work shown on those plans, and
(b) deviate vertically from the levels shown on the sections—
(i) to any extent not exceeding 1 metre upwards in respect of the works...
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