The Network Rail (Nuneaton North Chord) Order 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/1721 |
2010 No. 1721
Transport And Works, England
Transport, England
The Network Rail (Nuneaton North Chord) Order 2010
Made 29th June 2010
Coming into force 20th July 2010
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 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 23rd 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
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Network Rail (Nuneaton North Chord) Order 2010 and shall come into force on 20th July 2010.
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 1990 Act” means the Town and Country Planning Act 19905;
“the 1991 Act” means the New Roads and Street Works Act 19916;
“the 2003 Act” means the Communications Act 20037;
“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 19808;
“electronic communications network” has the same meaning as in the 2003 Act9;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by 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 9AG;
“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 198110;
“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 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 measured along the scheduled work.
Incorporation of Railways Clauses Acts
3.—(1) The following provisions of the Railways Clauses Consolidation Act 184511shall be incorporated in this Order—
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 77 (presumption that minerals excepted 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 192312;
section 103 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway); and
section 145 (recovery of penalties).
(2) Section 12 (signals, watchmen etc.) of the Railways Clauses Act 186313shall be incorporated in this Order.
(3) In those provisions, as incorporated in this Order—
“the company” means Network Rail;
“goods” includes any thing 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 work;
“the special Act” means this Order; and
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.
Application of the 1991 Act
4.—(1) The provisions of the 1991 Act mentioned in paragraph (2) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions shall 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 9 (temporary stopping up of streets) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.
(2) The provisions of the 1991 Act referred to in paragraph (1) are—
subject to paragraph (3), section 54 (advance notice of certain works);
subject to paragraph (3), section 55 (notice of starting date of works);
section 57 (notice of emergency works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 68 (facilities to be afforded to street authority);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route); and
all other such provisions as apply for the purposes of the provisions mentioned above.
(3) Sections 54 and 55 of the 1991 Act as applied by paragraph (1) shall have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.
PART 2
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
5.—(1) Network Rail may construct and maintain the scheduled works.
(2) Subject to article 6 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the Order plans and in accordance with the levels shown on the Order sections.
(3) Subject to paragraph (5), Network Rail may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely—
(a)
(a) railway electrification and signalling works;
(b)
(b) the provision of buildings, yards, machinery, plant, apparatus and other works and conveniences;
(c)
(c) the provision, repair and strengthening of approaches, bridges, subways, turning places, ramps, passages, means of access, shafts and stagings as Network Rail thinks fit;
(d)
(d) the provision of embankments, aprons, abutments, retaining walls, wing walls and culverts;
(e)
(e) works to alter or remove any structure erected on any highway or adjoining land;
(f)
(f) works to alter the position of apparatus, including mains...
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