The Network Rail (Thameslink 2000) Order 2006
| Jurisdiction | UK Non-devolved |
2006 No. 3117
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Network Rail (Thameslink 2000) Order 2006
Made 22th November 2006
Coming into force 13th December 2006
An application was made on 19th November 1997 (“the 1997 Application”) to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921, for an Order under sections 1, 3 and 5 of the Transport and Works Act 19922, (“the 1992 Act”) to authorise certain works (“the 1997 draft Order”).
A further application was made on 23rd September 1999 (“the 1999 Application”) to the Secretary of State, in accordance with those Rules, for a further Order (“the 1999 draft Order”) under those sections of the 1992 Act to authorise further works which replaced in part works proposed to be authorised by the 1997 draft Order.
The Secretary of State caused an inquiry to be held for the purposes of the 1997 Application and the 1999 Application pursuant to section 11 of the 1992 Act.
At the request of the Secretary of State, a further draft Order consolidating the proposals comprised in the 1999 Order and, so far as not replaced by those proposals, the proposals comprised in the 1997 Order was prepared.
The Secretary of State, having considered the objections made and not withdrawn and the reports of the persons who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the 1997 Application and the 1999 Application with modifications which in his opinion do not make any substantial change in those proposals.
Notice of the Secretary of State’s determination was published in the London Gazette on 24th October 2006.
The Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Part 2 of Schedule 4 to this Order is not required.
Accordingly, the Secretary of State, in exercise of the powers conferred on him by sections 1, 3 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11, 16 and 17 of Schedule 1 to, the 1992 Act hereby makes the following Order:—
PART 1
Citation and commencement
1. This Order may be cited as the Network Rail (Thameslink 2000) Order 2006 and shall come into force on 13th December 2006.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“the 1961 Act” means the Land Compensation Act 19613;
“the 1965 Act” means the Compulsory Purchase Act 19654;
“the 1973 Act” means the Land Compensation Act 19735;
“the 2003 Act” means the Communications Act 20036;
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 19927made under sections 6, 7 and 10 of the 1992 Act;
“authorised works” means the scheduled works and any other works authorised by this Order;
“Blackfriars bridge” means the railway bridge over the river Thames at Blackfriars in the City of London and London borough of Southwark;
“the Blackfriars works” means Works Nos. 3 and 4 and the station and other works authorised by article 7 (station works at Blackfriars);
“the book of reference” means the book of reference described in rule 7(5) of the Applications Rules certified by the Secretary of State as the book of reference for the purposes of this Order;
“bridleway”, “carriageway”, “footpath”, “footway”, “highway” and “highway authority” have the same meaning as in the Highways Act 19808;
“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system shall be construed in accordance with paragraph 1(3A) of that code;
“the deposited plans” means the plans prepared in pursuance of rule 7(1)(a) and (3) of the Applications Rules and certified by the Secretary of State as the deposited plans for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of rule 7(3);
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act9;
“electronic communications code network” means—
(a) so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and
(b) an electronic communications network which the Secretary of State or a Northern Ireland department is providing or proposing to provide;
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;
“electronic communications network” and “electronic communications service” each has the same meaning as in the 2003 Act10;
“enactment” includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the Farringdon works” means Work No. 2 and the other works at Farringdon station comprising extensions of the Thameslink Railway platforms, extension of the station footbridge with access to Turnmill Street and works for the pedestrianisation of part of Cowcross Street, a new station booking hall and concourse and electricity substation;
“former PTO” means a person—
(a) who is a provider of a public electronic communications network or a public electronic communications service which, immediately before the date on which the repeal by the 2003 Act of section 7 of the Telecommunications Act 1984 comes into force, was designated as a public telecommunication system under section 9 of that Act; and
(b) who, immediately before that date, was authorised to provide that network or service by a licence to which section 8 of that Act applied;
“the limits of deviation”, in relation to a work, means the limits of deviation related to that work which are shown on the deposited plans;
“the London Bridge works” means Works Nos. 8, 9, 10, 11, 13 and 14 and the station and other works authorised by article 9 (further works at London Bridge) or any of those works;
“LUL” means London Underground Limited;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“Network Rail” means Network Rail Infrastructure Limited;
“operator”, in relation to an electronic communications code network, means—
(a) the electronic communications code operator providing that network; or
(b) the Secretary of State or a Northern Ireland department, to the extent that they are providing or proposing to provide that network;
“the Order limits” means any of the limits of deviation or the limits of land to be acquired or used, or, in relation to Work No. 12, the line marked “Extent of bridge and viaduct widening”, shown on the deposited plans;
“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;
“provide” and cognate expressions, in relation to an electronic communications network, an electronic communications service or associated facilities, are to be construed in accordance with section 32(4) of the 2003 Act;
“public electronic communications network” and “public electronic communications service” each has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the Street Works Act;
“the Street Works Act” means the New Roads and Street Works Act 199111;
“tidal work” means so much of any work authorised by this Order as is in, on, under or over tidal waters or tidal lands below the level of mean high water springs;
“the tribunal” means the Lands Tribunal; and
“Trinity House” means the Corporation of Trinity House of Deptford Strond.
(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) All directions, distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance and length and distances between points on a railway shall be taken to be measured along the railway.
(4) 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.
(5) References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so lettered on the deposited plans.
Incorporation of Railways Clauses Consolidation Act 1845
3.—(1) The following provisions of the Railways Clauses Consolidation Act 184512shall be incorporated in this Order—
section 24 (obstructing construction of railway) subject to the modification in paragraph (3);
section 46 (crossing of roads—level crossings—bridges) subject to the modification in paragraph (4);
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...
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