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STATUTORY INSTRUMENTS 2003 No. 1075 TRANSPORT AND WORKS, ENGLAND TRANSPORT, ENGLAND The Network Rail (West Coast Main Line) Order 2003 Made ---- 7th April 2003 Coming into force 28th April 2003 ARRANGEMENT OF ARTICLES PART I PRELIMINARY 1. Citation and commencement 2. Interpretation 3. Incorporation of Railways Clauses Consolidation Act 1845 PART II WORKS PROVISIONS Principal Powers 4. Power to construct and maintain certain works 5. Power to construct and maintain ancillary works 6. Power to deviate Level Crossings 7. Replacement of road level crossings 8. Replacement and closure of footpath level crossings 9. Preston Brook accommodation crossing Streets 10. Power to control vehicles using Berkswell Underpass 11. Power to execute street works 12. Permanent stopping up of streets and extinguishment of rights 13. Temporary stopping up of streets 14. Access to works 15. Construction and maintenance of new or altered streets 16. Construction of bridges and tunnels 17. Agreements with street authorities Supplemental Powers 18. Temporary closure of part of Grand Union Canal 19. Temporary closure of part of Oxford Canal 20. Temporary closure of part of Trent and Mersey Canal 1 [DFT 13016] 21. Discharge of water 22. Protective works to buildings 23. Power to survey and investigate land PART III ACQUISITION AND POSSESSION OF LAND Powers of acquisition 24. Power to acquire land 25. Application of Part I of Compulsory Purchase Act 1965 26. Power to acquire new rights 27. Power to acquire subsoil only 28. Cases where powers of acquisition limited to soil nailing rights 29. Rights under streets Temporary Possession of Land 30. Temporary use of land for construction of works Compensation 31. Disregard of certain interests and improvements Supplementary 32. Acquisition of part only of certain properties 33. Extinction or suspension of private rights of way 34. Time limit for exercise of powers of acquisition PART IV MISCELLANEOUS AND GENERAL Noise 35. Defence to proceedings in respect of statutory nuisance Miscellaneous and Supplementary 36. Certain land to be treated as operational land 37. Maintenance of approved works etc. 38. Public open space 39. Disclosure of confidential information 40. Saving for regulated rights etc. 41. Statutory undertakers etc. 42. Protective provisions 43. Certification of plans etc. 44. Service of notices 45. No double recovery 46. Arbitration SCHEDULES Schedule 1 Scheduled works Schedule 2 Additional works and lands Part I General Part II Diverted foot crossings Schedule 3 Replacement of road level crossings Schedule 4 Replacement and closure of footpath level crossings Part I Level crossings for which a substitute is to be provided Part II Level crossings for which no substitute is to be provided Schedule 5 Streets subject to street works Schedule 6 Streets to be permanently stopped up Part I Streets for which a substitute is to be provided Part II Streets for which no substitute is to be provided Schedule 7 Streets to be temporarily stopped up Schedule 8 Access to works 2 Schedule 9 Modification of compensation and compulsory purchase enactments for creation of new rights Schedule 10 Land in respect of which soil nailing rights may be acquired Schedule 11 Land of which temporary possession may be taken Schedule 12 Provisions relating to statutory undertakers etc. Schedule 13 Protective provisions Part I Protection for electricity, gas and water undertakers Part II Protection for telecommunications operators Part III Protection for sewerage undertakers Part IV Protection for land drainage, flood defence, water resources and fisheries Part V Protection for British Waterways Board Whereas an application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) Rules 1992(a) made under sections 6, 7 and 10 of the Transport and Works Act 1992(b) (“the 1992 Act”), for an Order under sections 1 and 5 of the 1992 Act; And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act; And whereas 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 his opinion do not make any substantial change in the proposals; And whereas the Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Part II of Schedule 4 and Part II of Schedule 6 to this Order is not required; And whereas notice of the Secretary of State’s determination was published in the London Gazette on 4th April 2003; Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11, 16 and 17 of Schedule 1 to, the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:— PART I PRELIMINARY Citation and commencement 1. This Order may be cited as the Network Rail (West Coast Main Line) Order 2003 and shall come into force on 28th April 2003. Interpretation 2.—(1) In this Order— “the 1961 Act” means the Land Compensation Act 1961(c); “the 1965 Act” means the Compulsory Purchase Act 1965(d); “the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992(e); “authorised works” means the scheduled works and any other works authorised by this Order; “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; (a) S.I. 1992/2902. (b) 1992 c.42. (c) 1961 c.33. (d) 1965 c.56. (e) S.I. 1992/2902. 3 “bridleway”, “carriageway”, “footpath”, “footway”, “highway” and “highway authority” have the same meaning as in the Highways Act 1980(a); “the deposited plans” means the composite 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; “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; “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly; “Network Rail” means Network Rail Infrastructure Limited; “the Order limits” means any of the limits of deviation, or the limits of land to be acquired or used, shown on the deposited plans; “owner”, in relation to land, means, unless the context otherwise requires, 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; “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(b); 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 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) Any reference in this Order to a point identified by a letter and number shall be construed as a reference to the point so lettered and numbered on the deposited plans. (6) References in this Order to reference points shall be construed as references to Ordnance Survey National Grid reference points. (7) References in this Order to highways lettered FP or BR are references respectively to footpaths or bridleways. (8) References in this Order to the London to Birmingham Section, the Rugby to Stafford Section, the Colwich Junction to Cheadle Hulme Section, the Crewe to Manchester Section and the Crewe to Glasgow Section are references to sections of the railway comprised in the West Coast Main Line. Incorporation of Railways Clauses Consolidation Act 1845 3.—(1) The following provisions of the Railways Clauses Consolidation Act 1845(c) shall be incorporated in this Order— (a) 1980 c.66. (b) 1991 c.22. (c) 1845 c.20. 4 section 24 (obstructing construction of railway), subject to the modification in paragraph (3); 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(a); section 145 (recovery of penalties); and section 154 (transient offenders).