Statutory Instrument 1999 No. 2336

The Railtrack (Leeds Bridges) Order 1999

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© Crown Copyright 1999

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"the 1961 Act" means the Land Compensation Act 1961[3];

"the 1965 Act" means the Compulsory Purchase Act 1965[4];

"the Applications Rules" means the Transport and Works (Applications and Objections Procedure) Rules 1992, and references in this Order to numbered rules are to the Applications Rules bearing those numbers;

"authorised works" means the scheduled works and any other works authorised by this Order;

"the book of reference" means the book of reference described in rule 7(5) certified by the Secretary of State as the book of reference for the purposes of this Order;

"carriageway", "footpath", "highway" and "highway authority" have the same meaning as in the Highways Act 1980[5];

"the deposited plans" means the plans prepared in pursuance of rule 7(1) and (3) 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 described in rule 7(2) certified by the Secretary of State as the deposited sections for the purposes of this Order;

"enactment" includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;

"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 limits of land to be temporarily used" means the limits of land to be temporarily used which are shown on the deposited plans;

"maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace; and "maintenance" shall be construed accordingly;

"the Order limits" means any of the limits of deviation or the limits of land to be temporarily used;

"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;

"Railtrack" means Railtrack PLC;

"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 III of the Street Works Act;

"the Street Works Act" means the New Roads and Street Works Act 1991[6]; and

"the tribunal" means the Lands Tribunal.

    (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, lengths and points 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, length and point.

    (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 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 1845[7] shall be incorporated in this Order-

section 24 (obstructing construction of railway), subject to the modification in paragraph (3) below;

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 1923[8];

section 145 (recovery of penalties); and

section 154 (transient offenders).

    (2) In those provisions, as incorporated in this Order-

"the company" means Railtrack;

"prescribed", in relation to any such provision, means prescribed by this Order for the purposes of that provision;

"the special Act" means this Order.

    (3) Section 24 of the said Act of 1845, as incorporated in this Order, shall have effect as if the maximum fine which may be imposed on summary conviction of an offence under that section were instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.

Power to deviate
     6. In constructing or maintaining any scheduled work, Railtrack may-

(a) deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work so shown, and

(b) deviate vertically from the levels shown on the deposited sections to any extent not exceeding-


(i) three metres upwards, or

(ii) one metre downwards.

Streets

Power to execute street works
     7.  - (1) Railtrack may, for the purposes of the authorised works, enter upon so much of the street specified in Schedule 2 to this Order as is within the Order limits and may-

(a) place apparatus in the street,

(b) maintain apparatus in the street or change its position, and

(c) execute any works required for or incidental to the authorised works or any works referred to in sub-paragraphs (a) and (b) above (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).

    (2) In this article "apparatus" has the same meaning as in Part III of the Street Works Act.

Permanent stopping up of street
     8.  - (1) Subject to the provisions of this article, Railtrack may, in connection with the construction of the authorised works, permanently stop up the street specified in columns (1) and (2) of Schedule 3 to this Order to the extent specified in column (3) of that Schedule.

    (2) The new street to be substituted for the street to be stopped up under this article, and which is specified in column (4) of that Schedule, shall be completed to the reasonable satisfaction of the street authority and open for public use within three months after all bridge girders have been replaced in connection with Work No. 3.

    (3) Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.

    (4) This article is subject to paragraph 2 of Schedule 6 to this Order.

Temporary stopping up of streets
     9.  - (1) Railtrack, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time-

(a) divert the traffic from the street, and

(b) subject to paragraph (3) below, prevent all persons from passing along the street.

    (2) Without prejudice to the generality of paragraph (1) above, Railtrack may use any street stopped up under the powers of this article as a temporary working site.

    (3) Railtrack shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article, if there would otherwise be no such access.

    (4) Railtrack shall not exercise the powers of this article without the consent of the street authority, but such consent shall not be unreasonably withheld.

    (5) The provisions of the Street Works Act mentioned in paragraph (6) below and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by Railtrack under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by Railtrack.

    (6) The provisions of the Street Works Act referred to in paragraph (5) above are-

section 54 (advance notice of certain works);

section 55 (notice of starting date of works);

section 59 (general duty of street authority to co-ordinate works);

section 60 (general duty of undertakers to co-operate);

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 such other provisions as apply for the purposes of the provisions mentioned above.

    (7) Any person who suffers loss by the suspension of a private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.

    (8) The exercise of powers under this article is subject to paragraph 1(6) of Part IV of Schedule 7 to this Order.

Agreements with street authorities
     10.  - (1) A street authority and Railtrack may enter into agreements with respect to-

(a) the maintenance of the structure of any bridge carrying a street over a railway,

(b) any stopping up, alteration or diversion of a street under the powers conferred by this Order, or

(c) the execution in the street of any of the works referred to in article 7(1) above.

    (2) Such an agreement may, without prejudice to the generality of paragraph (1) above-

(a) make provision for the street authority to carry out any function under this Order which relates to the street in question, and

(b) contain such terms as to payment and otherwise as the parties consider appropriate.

Supplemental powers

Discharge of water
     11.  - (1) Railtrack may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, sewer or drain.

    (2) Railtrack shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.

    (3) Railtrack shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer of drain belongs, but such approval shall not be unreasonably withheld.

    (4) Railtrack shall not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.

    (5) Railtrack shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.

    (6) This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991[9].

    (7) In this article-

(a) "public sewer or drain" means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority or a joint planning board,

(b) "watercourse" includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain, and

(c) other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.

[2] 1992 c. 42.back

[3] 1961 c. 33.back

[4] 1965 c. 56.back

[5] 1980 c. 66.back

[6] 1991 c. 22.back

[7] 1845 c. 20.back

[8] 1923 c. 20.back

[9] 1991 c. 57.back