SCHEDULE 1
Article 3(a)
MODEL CLAUSES FOR RAILWAYS
ARRANGEMENT OF CLAUSES
PART 1
Preliminary
1. Interpretation
2. Incorporation of Railways Clauses Acts
3. Application of the 1991 Act
PART 2
Works Provisions
Principal powers4. Power to construct and maintain works
5. Power to deviate
Streets6. Power to execute street works
7. Stopping up of streets
8. Temporary stopping up of streets
9. Access to works
10. Construction and maintenance of new or altered streets
11. Construction of bridges and tunnels
12. Agreements with street authorities
13. Level crossings
Supplemental powers14. Discharge of water
15. Protective works to buildings
16. Power to survey and investigate land
PART 3
Acquisition and Possession of Land
Powers of acquisition17. Power to acquire land
18. Application of Part 1 of the Compulsory Purchase Act 1965
19. Application of the Compulsory Purchase (Vesting Declarations) Act 1981
20. Power to acquire new rights
21. Power to acquire subsoil only
22. Power to acquire land limited to subsoil lying more than 9 metres beneath surface
23. Rights under or over streets
Temporary possession of land24. Temporary use of land for construction of works
25. Temporary use of land for maintenance of works
Compensation26. Disregard of certain interests and improvements
27. Set-off for enhancement in value of retained land
Supplementary28. Acquisition of part of certain properties
29. Extinction or suspension of private rights of way
30. Time limit for exercise of powers of acquisition
PART 4
Miscellaneous and General
31. Planning permission and supplementary matters
32. Power to lop trees overhanging the authorised works
33. Open space
34. Power to operate and use railway
35. Power to transfer undertaking
36. Power to charge fares
37. Application of landlord and tenant law
38. Obstruction of construction of authorised works
39. Trespass
40. Disclosure of confidential information
41. Statutory undertakers etc.
42. Certification of plans etc.
43. Service of notices
44. No double recovery
45. Arbitration
SCHEDULES
Schedule 1
Scheduled works
Schedule 2
Acquisition of certain lands for ancillary works
Schedule 3
Streets subject to street works
Schedule 4
Streets to be stopped up
Part 1
Streets for which a substitute is to be provided
Part 2
Streets for which no substitute is to be provided
Schedule 5
Streets to be temporarily stopped up
Schedule 6
Access to works
Schedule 7
Level crossings
Schedule 8
Modification of compensation and compulsory purchase enactments for creation of new rights
Schedule 9
Land of which only subsoil more than 9 metres beneath surface may be acquired
Schedule 10
Land of which temporary possession may be taken
Schedule 11
Provisions relating to statutory undertakers etc.
PART 1
Preliminary
Interpretation
1.-
(1) In this Order-
"the 1961 Act" means the Land Compensation Act 19614;
"the 1965 Act" means the Compulsory Purchase Act 19655;
"the 1990 Act" means the Town and Country Planning Act 19906;
"the 1991 Act" means the New Roads and Street Works Act 19917;
"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;
"building" includes any structure or erection or any part of a building, structure or erection;
"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;
"carriageway" has the same meaning as in the Highways Act 19808;
"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 land plan" means the plan prepared in pursuance of rule 12(5) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20069 and certified by the Secretary of State as the land plan for the purposes of this Order;
"the limits of deviation" means the limits of deviation for the scheduled works shown on the works plan;
"maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace, and "maintenance" shall be construed accordingly;
"the Order limits" means any limits of deviation and any additional limits of land to be acquired or used which are shown on the land plan or the works plan;
"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 to this Order or any part of them;
"the sections" means the sections prepared in pursuance of rule 12(3) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 and certified by the Secretary of State as the 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 3 of the 1991 Act;
"the tribunal" means the Lands Tribunal;
"the undertaker" means [ ];
"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; and
"the works plan" means the plan prepared in pursuance of rule 12(1)(a) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 and certified by the Secretary of State as the works plan for the purposes 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, on or under land or in the air-space above its surface.
(3) All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands shall be construed as if the words "or thereabouts" were inserted after each such distance, direction and length, and distances between points on a scheduled work shall be taken to be measured along the scheduled work.
Incorporation of Railways Clauses Acts
2.-
(1) The following provisions of the Railways Clauses Consolidation Act 184511 shall be incorporated in this Order-
section 46 (crossing of roads-level crossings), subject to paragraph (4);
section 58 (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";
section 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
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 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties); and
section 154 (transient offenders).
(2) The following provisions of the Railways Clauses Act 186313 shall be incorporated in this Order-
sections 5 and 7 (level crossings), and
section 12 (signals, watchmen etc.).
(3) In those provisions, as incorporated in this Order-
"the company" means the undertaker;
"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 works;
"the special Act" means this Order;
"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.
(4) In section 46 of the Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words "Provided always that, with the consent of the highway authority and subject to such conditions as the authority may...
