Office of Public Sector Information
Statutory Instruments
TRANSPORT AND WORKS ENGLAND
TRANSPORT, ENGLAND
Made
26th November 2007
Coming into force
17th December 2007
SCHEDULES
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 2000(1) for an order under sections 3 and 5 of the Transport and Works Act 1992(2) (“the 1992 Act”).
The Secretary of State 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 her opinion do not make any substantial change in the proposals.
Notice of the Secretary of State’s determination was published in the London Gazette on 27th February 2006.
Accordingly, the Secretary of State, in exercise of the powers conferred on her by sections 3 and 5 of, and paragraphs 3 to 5, 7, 8, 11 and 16 of Schedule 1 to, the 1992 Act makes the following Order:—
1.—(1) This Order may be cited as the Felixstowe Dock and Railway Company (Land Acquisition) Order 2007 and shall come into force on 17th December 2007.
(2) The Felixstowe Dock and Railway Acts and Orders 1879 to 2002(3), the Felixstowe Dock and Railway Harbour Revision Order 2007(4) and this Order may be cited together as the Felixstowe Dock and Railway Acts and Orders 1879 to 2007.
2.—(1) In this Order—
“the 1965 Act” means the Compulsory Purchase Act 1965(5);
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000;
“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;
“the Company” means the Felixstowe Dock and Railway Company being a company limited by shares and incorporated by the Felixstowe Railway and Pier Act 1875(6);
“dock” means the dock constructed by the Company in pursuance of the powers conferred on them by the Felixstowe Dock and Railway Acts and Orders 1879 to 2007 and includes the open cut or channel also constructed under those powers, all other works, land, buildings, ancillary works, plant, property and conveniences connected therewith, as from time to time existing;
“Felixstowe South Reconfiguration” means the development of that part of the dock for which planning permission was granted by the First Secretary of State on 1st February 2006 and which includes the area in Harwich Harbour proposed to be reclaimed under the provisions of the Felixstowe Dock and Railway Harbour Revision Order 2007(7);
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“the tribunal” means the Lands Tribunal; and
“the undertaking” means the harbour undertaking of the Company as authorised from time to time.
(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 over its surface.
(3) All measurements stated in any description of lands in the book of reference shall be construed as if the words “or thereabouts” were inserted after each measurement.
The Felixstowe Dock and Railway Company (Land Acquisition) Order 2007