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Statutory Instruments

2008 No. 2512

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008

Made

23rd September 2008

Coming into force

14th October 2008

CONTENTS

Go to Preamble

  1. PART 1

    PRELIMINARY

    1. 1. Citation and commencement

    2. 2. Interpretation

    3. 3. Incorporation of Railways Clauses Acts

    4. 4. Application of the 1991 Act

  2. PART 2

    WORKS PROVISIONS

    1. Principal powers

      1. 5. Power to construct and maintain works

      2. 6. Power to deviate

    2. Streets

      1. 7. Power to execute street works

      2. 8. Stopping up of streets

      3. 9. Highways subject to redesignation

      4. 10. Temporary stopping up of streets

      5. 11. Traffic regulation

      6. 12. Access to works

      7. 13. Construction and maintenance of new or altered streets

      8. 14. Construction of bridges

      9. 15. Agreements with street authorities

    3. Level crossings

      1. 16. Alterations to level crossings as a result of the authorised works

      2. 17. Provision of new level crossings in substitution for existing level crossings

      3. 18. Stopping up of level crossings

    4. Supplemental powers

      1. 19. Discharge of water

      2. 20. Protective works to buildings

      3. 21. Power to survey and investigate land

  3. PART 3

    ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 22. Power to acquire land

      2. 23. Application of Part 1 of the Compulsory Purchase Act 1965

      3. 24. Application of the Compulsory Purchase (Vesting Declarations) Act 1981

      4. 25. Power to acquire new rights

      5. 26. Rights under or over streets

    2. Temporary possession of land

      1. 27. Temporary use of land for construction of works

      2. 28. Temporary use of land for maintenance of works

    3. Compensation

      1. 29. Disregard of certain interests and improvements

      2. 30. Set-off for enhancement in value of retained land

    4. Supplementary

      1. 31. Acquisition of part of certain properties

      2. 32. Extinction or suspension of private rights of way

      3. 33. Time limit for exercise of powers of acquisition

  4. PART 4

    MISCELLANEOUS AND GENERAL

    1. 34. Planning permission and supplementary matters

    2. 35. Power to lop trees overhanging the authorised works

    3. 36. Power to operate and use railway

    4. 37. Power to transfer undertaking

    5. 38. Power to charge fares

    6. 39. Agreements with Network Rail

    7. 40. Proceedings in respect of statutory nuisance

    8. 41. Application of landlord and tenant law

    9. 42. Obstruction of construction of authorised works

    10. 43. Trespass

    11. 44. Disclosure of confidential information

    12. 45. Statutory undertakers, etc.

    13. 46. Protective provisions

    14. 47. As to application of certain railway enactments

    15. 48. Application of the Land Drainage Act 1991

    16. 49. Certification of plans, etc.

    17. 50. Service of notices

    18. 51. No double recovery

    19. 52. Arbitration

  5. SCHEDULES

    1. Schedule 1

      Scheduled works

    2. Schedule 2

      Streets subject to street works

    3. Schedule 3

      Streets to be permanently stopped up

      1. Part 1

        Streets for which a substitute is to be provided

      2. Part 2

        Streets for which no substitute is to be provided

    4. Schedule 4

      Streets to be temporarily stopped up

    5. Schedule 5

      Access to works

    6. Schedule 6

      Modification of compensation and compulsory purchase enactments for creation of new rights

    7. Schedule 7

      Level crossings

      1. Part 1

        Level crossings altered as a result of the authorised works

      2. Part 2

        New level crossings to be provided in substitution for existing level crossings

      3. Part 3

        Level crossings to be stopped up for which no substitute is to be provided

    8. Schedule 8

      Land of which temporary possession may be taken

    9. Schedule 9

      Provisions relating to statutory undertakers, etc.

    10. Schedule 10

      Protective provisions

      1. Part 1

        Protection of Network Rail Infrastructure Limited

      2. Part 2

        Protection of National Grid Gas Plc

      3. Part 3

        Protection of Cable and Wireless Plc

Go to Explanatory Note

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 1 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 to the proposals.

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 3 and Part 3 of Schedule 7 is not required.

Notice of the Secretary of State’s determination was published in the London Gazette on 25th July 2008.

Accordingly, the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 8, 10 to 12, and 15 to 17 of Schedule 1 to, the 1992 Act makes the following Order:—

(1)

S.I. 2000/2190. As made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992. Back [1]

(2)

1992 c. 42. As amended by S.I. 1995/1541, 1998/2226, 2000/3199 and 2006/958. Back [2]

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