The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/114 |
| Year | 2020 |
2020 No. 114
Transport And Works, England
Transport, England
The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020
Made 4th February 2020
Coming into force 25th February 2020
An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20061for an Order under sections 1 and 5 of the Transport and Works Act 19922(“the 1992 Act”).
The Secretary of State caused an inquiry to be held for the purposes of the application under 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 3rd February 2020.
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
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020 and comes into force on 25th February 2020.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19613;
“the 1965 Act” means the Compulsory Purchase Act 19654;
“the 1980 Act” means the Highways Act 19805;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19816;
“the 1990 Act” means the Town and Country Planning Act 19907;
“the 1991 Act” means the New Roads and Street Works Act 19918;
“the 2003 Act” means the Communications Act 20039;
“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 or any part of them;
“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;
“bridleway” has the same meaning as in the 1980 Act;
“building” includes any structure or erection or any part of a building, structure or erection;
“carriageway” has the same meaning as in the 1980 Act;
“cycle track” has the same meaning as in the 1980 Act;
“deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;
“deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“East West Railway Company Limited” means East West Railway Company Limited (company registration number 11072935) whose registered office is at Great Minster House, 33 Horseferry Road, London, England, SW1P 4DR and includes any persons as may assume its functions prior to any transfer under article 34 (power to transfer undertaking);
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but while in electronic form;
“footpath” and “footway” have the same meanings as in the 1980 Act;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;
“limits of land to be acquired or used” means the limits of land to be acquired or used shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” is to be construed accordingly;
“Network Rail” means Network Rail Infrastructure Limited (company registration number 02904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN;
“Order land” means the land shown on the deposited plans which is within the limits of land to be acquired or used or the limits of deviation and described in the book of reference;
“Order limits” means the limits of deviation and the limits of land to be acquired or used and shown on the deposited plans;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 198110;
“road hump” has the same meaning as in the 1980 Act11;
“the scheduled works” means the works specified in Schedule 1 (scheduled works) or any part of them;
“statutory undertaker” means—
(a) any person who is a statutory undertaker for any of the purposes of the 1990 Act; and
(b) any 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 Lands Chamber of the Upper Tribunal;
“the Winslow Station works” means works at Winslow Station permitted by a grant of planning permission under the 1990 Act, with the reference no 13/02112/AOP and dated 29th November 2013, and any variation or replacement of that planning permission; 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, on or under land or in the air-space above its surface.
(3) References in this Order to numbered plots are references to plot numbers on the deposited plans.
(4) All distances, directions and lengths referred to in this Order are approximate and distances between points on a scheduled work are taken to be measured along that work.
(5) References in this Order to points identified by letters with or without numbers, are construed as references to points so lettered on the deposited plans.
(6) References in this Order to numbered works are references to the scheduled works as numbered in Schedule 1.
Incorporation of the Railway Clauses Acts
3.—(1) The following provisions of the Railways Clauses Consolidation Act 184512are incorporated in this Order—
section 5813(company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
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 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E14and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 192315;
section 10316(refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway), except for the words from “and if any person” to “for every such offence”; and
section 14517(recovery of penalties).
(2) Section 12 (signals, watchmen etc.) of the Railways Clauses Act 186318is incorporated in this Order.
(3) In those provisions, as incorporated in this Order—
“the company” means Network Rail;
“goods” includes anything conveyed on the railway authorised to be constructed by this Order;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and any other authorised works; and
“the special Act” means this Order.
Application of the 1991 Act
4.—(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major transport works if—
(a)
(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or
(b)
(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 6419(dual carriageways and roundabouts) of the 1980 Act.
(2) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—
section 56 (directions as to timing);
section 56A (power to give directions as to placing of apparatus);
section 58 (restrictions following substantial road works);
section 73A (power to require undertaker to re-surface street);
section 73B (power to specify timing, etc., of re-surfacing);
section 73C (materials, workmanship and standard of re-surfacing);
section 78A (contributions to costs of re-surfacing by undertaker); and
Schedule 3A (restriction on works following substantial street works).
(3) The provisions of the 1991 Act mentioned in paragraph (4) (which, together with other provisions of that Act, apply in relation to the carrying out of street works) and any regulations made or code of practice issued or approved under those provisions apply (with the necessary modifications) in relation to the temporary stopping up, temporary alteration or temporary diversion of a street by Network Rail under the powers conferred by article 14 (temporary stopping up of streets) and the carrying out of works under article 12 (power to execute street works) whether or not the...
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