Page 1 UK Parliament Acts/T/TO-TT/Transport and Works Act 1992 (1992 c 42) Transport and Works Act 1992 1992 CHAPTER 42 An Act to provide for the making of orders relating to, or to matters ancillary to, the construction or operation of railways, tramways, trolley vehicle systems, other guided transport systems and inland waterways, and orders relating to, or to matters ancillary to, works interfering with rights of navigation; to make further provi- sion in relation to railways, tramways, trolley vehicle systems and other guided transport systems; to amend certain enactments relating to harbours; and for connected purposes [16th March 1992] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:– PART I ORDERS AUTHORISING WORKS ETC Power to make orders 1 Orders as to railways, tramways etc 2 Extension of section 1 to other guided transport systems 3 Orders as to inland waterways etc 4 Description of works for purposes of section 3 5 Subject matter of orders under sections 1 and 3 Procedure for making orders 6 Applications for orders under sections 1 and 3 [6A Cases where other Member States are affected] 7 Orders under sections 1 and 3 made otherwise than on application 8 Model clauses 9 Schemes of national significance 10 Objections 11 Inquiries and hearings 12 Special parliamentary procedure Page 2 13 Making or refusal of orders under section 1 or 3[: general] [13A Environmental impact assessment: definitions] [13B Application or proposal for an EIA order: reasoned conclusion] [13C EIA orders: monitoring measures and remedial action] [13D Application or proposal for an EIA order: time limit] 14 Publicity for making or refusal of orders [14A Compulsory acquisition: notice requirements] Consents etc under other enactments 15 Assimilation of procedures 16 Town and country planning 17 Listed buildings and conservation areas 18 Hazardous substances 19 Coast Protection Act 1949 20 Power to apply for, or object to, orders 21 Transport Consultative Committees Miscellaneous 22 Validity of orders under section 1 or 3 23 Exercise of Secretary of State's functions by appointed person 24 Private legislation procedure in Scotland 25 Crown land PART II SAFETY OF RAILWAYS ETC CHAPTER I OFFENCES INVOLVING DRINK OR DRUGS Preliminary 26 Transport systems to which Chapter I applies Principal offences 27 Offences involving drink or drugs on transport systems 28 Offences by operators of transport systems Police powers etc 29 Breath tests 30 Powers of arrest and entry Page 3 31 Provision of specimens for analysis [31A Specimens of blood taken from persons incapable of consenting] [32 Breath specimen showing higher alcohol level to be disregarded] 33 Protection for hospital patients Evidence in proceedings for offences under section 27 34 Use of specimens in proceedings 35 Documentary evidence as to specimens Penalties 36 Penalties Miscellaneous and supplementary 37 Special provision for Scotland 38 Interpretation of Chapter I 39 Amendment of scope of offences involving drink or drugs under Road Traffic Act 1988 40 . CHAPTER II OTHER SAFETY PROVISIONS General 41 Approval of works, plant and equipment 42 . 43 < . > 44 < . > 45 Directions limiting speeds and loads 46 Directions requiring insurance 47 Stopping up and diversion of crossings 48 Footpaths and bridleways [, bridleways and restricted byways] over railways 49 Securing of gates and barriers 50 . 51 Amendment of Level Crossings Act 1983 Signs and barriers at private crossings 52 Placing of signs and barriers 53 Rights to enter land 54 Default powers of Secretary of State Page 4 55 Offence of failing to comply with sign 56 Interpretation of sections 52 to 55 CHAPTER III SUPPLEMENTARY 57 Duty to consult 58 Prosecutions 59 Offences by bodies corporate etc PART III MISCELLANEOUS AND GENERAL Tramways 60 Powers of leasing 61 Amendment of Public Passenger Vehicles Act 1981 62 Exclusion of hackney carriage legislation Harbours 63 Harbours Miscellaneous 64 Maintenance of footpaths and bridleways 65 Certain enactments to cease to have effect General 66 Service of notices 67 Interpretation 68 Repeals 69 Expenses 70 Commencement 71 Extent 72 Short title SCHEDULES SCHEDULE 1 Matters Within Sections 1 and 3 SCHEDULE 2 Stopping up and Diversion of Rail Crossings SCHEDULE 3 Amendment of Harbours Act 1964 SCHEDULE 4 Repeals Page 5 . Part I Railways and Tramways . Part II Harbours Document information Transport and Works Act 1992 Date made [16th March 1992] UK Parliament Acts/T/TO-TT/Transport and Works Act 1992 (1992 c 42)/Part I Orders Authorising Works etc (ss 1-25)/1 Orders as to railways, tramways etc Part I Orders Authorising Works etc Power to make orders 1 Orders as to railways, tramways etc (1) The Secretary of State may make an order relating to, or to matters ancillary to, the construction or operation of a transport system of any of the following kinds, so far as it is in England and Wales— (a) a railway; (b) a tramway; (c) a trolley vehicle system; (d) a system using a mode of guided transport prescribed by order made under section 2 below. [(1A) Subsection (1) is subject to— (a) section 33(2) of the Planning Act 2008 (exclusion of powers to authorise development); (b) section 120(9) of that Act (exclusion of power to include ancillary provision in orders).] Page 6 (2) The power to make orders under this section shall be exercisable by statutory instrument. NOTES Initial Commencement To be appointed To be appointed: see s 70(1). Appointment Appointment: 1 January 1993: see SI 1992/2784, art 2(a), Sch 1. Amendment Sub-s (1A): inserted by the Planning Act 2008, s 36, Sch 2, paras 51, 52. Date in force: 1 March 2010: see SI 2010/101, art 2; for savings see art 6 thereof. Transfer of Functions See further in relation to the exercise and transfer of functions under this section to the National Assembly for Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999, SI 1999/672, art 2, 5, Sch 1, Sch 2. Subordinate Legislation London Underground (East London Line Extension) Order 1997, SI 1997/264. London Underground (East London Line Extension) (No 2) Order 2001, SI 2001/3682. Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002, SI 2002/1066. Channel Tunnel Rail Link (Thames Tunnel Approach) Order 2002, SI 2002/1943. Greater Manchester (Light Rapid Transit System) (Didsbury) Order 2003, SI 2003/2907. Alconbury Airfield (Rail Facilities and Connection to East Coast Main Line) Order 2003, SI 2003/3364. Network Rail (West Coast Main Line) Order 2004, SI 2004/389. Docklands Light Railway (Woolwich Arsenal Extension) Order 2004, SI 2004/757. Docklands Light Railway (Capacity Enhancement) Order 2005, SI 2005/3105. Greater Manchester (Light Rapid Transit System) Order 2006, SI 2006/405. Docklands Light Railway (Stratford International Extension) Order 2006, SI 2006/2905. Network Rail (Thameslink 2000) Order 2006, SI 2006/3117. Network Rail (West Coast Main Line) (Stowe Hill) Order 2006, SI 2006/3471. Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007, SI 2007/2297. London Gateway Logistics and Commercial Centre Order 2007, SI 2007/2657. Page 7 Felixstowe Branch Line and Ipswich Yard Improvement Order 2008, SI 2008/2512. Network Rail (Thameslink) (Land Acquisition) Order 2008, SI 2008/3163. Greater Manchester (Light Rapid Transit System) (Media City Extension) Order 2009, SI 2009/1100. London Underground (Victoria Station Upgrade) Order 2009, SI 2009/2364. Network Rail (Reading) (Land Acquisition) Order 2009, SI 2009/2728. Network Rail (Nuneaton North Chord) Order 2010, SI 2010/1721. Network Rail (Hitchin (Cambridge Junction)) Order 2011, SI 2011/1072. London Cable Car Order 2012, SI 2012/472. Crossrail (Kensal Green) Order 2013, SI 2013/198. Network Rail (Seaham Level Crossing) Order 2013, SI 2013/533. Network Rail (Pont Briwet) (Land Acquisition) Order 2013, SI 2013/767. Transport for Greater Manchester (Light Rapid Transit System) (Miscellaneous Provisions) Order 2013, SI 2013/1030. Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013, SI 2013/2587. Crossrail (Paddington Station Bakerloo Line Connection) Order 2014, SI 2014/310. Network Rail (Huyton) Order 2014, SI 2014/2027. London Underground (Northern Line Extension) Order 2014, SI 2014/3102. Network Rail (Ordsall Chord) Order 2015, SI 2015/780. Network Rail (Blackthorn and Piddington) (Land Acquisition) Order 2015, SI 2015/1684. Network Rail (Tinsley Chord) Order 2015, SI 2015/1876. London Underground (Bank Station Capacity Upgrade) Order 2015, SI 2015/2044. Midland Metro (Birmingham City Centre Extension, etc) (Land Acquisition and Variation) Order 2016, SI 2016/545. Midland Metro (Wolverhampton City Centre Extension) Order 2016, SI 2016/684. Network Rail (Northumberland Park Level Crossing and Coppermill Lane Level Crossing Closure) Order 2017, SI 2017/257. Network Rail (Felixstowe Branch Line Land Acquisition) (Agreements for Transfer) Order 2017, SI 2017/865. Network Rail (Summerway Overbridge) Order 2017, SI 2017/1027. Network Rail (Closure of Abbots Ripton Level Crossing) Order 2017, SI 2017/1074. Network Rail (Buxton Sidings Extension) Order 2017, SI 2017/1150. Network Rail (Streat Green Underbridge) (Temporary Land Acquisition) Order 2017, SI 2017/1302. Network Rail (Kings Mill No 1 Level Crossing) (Land Acquisition and Closure) Order 2018, SI 2018/571.