The Chiltern Railways (Bicester to Oxford Improvements) Order 2012

• (2) The powers conferred by article 29 (temporary use of land for construction of works) cease at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the Company remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period.

PART 4 — MISCELLANEOUS AND GENERAL

Traffic regulation

37

• (1) Subject to the provisions of this article the Company may, for the purposes and during the construction of the authorised works and with the consent of the traffic authority in whose area the relevant street is situated (such consent not to be unreasonably withheld)—

• (a) prohibit or restrict the parking, stopping, waiting or the loading or unloading of vehicles, at any time, in the relevant streets;

• (b) suspend temporarily the use of any parking place within a relevant street; and

• (c) suspend or revoke any traffic regulation order in so far as it is inconsistent with any prohibition or restriction made by the Company under this paragraph.

• (2) The Company must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (3).

• (3) The Company must not exercise the powers of this article unless it has—

• (a) given not less than 6 weeks’ notice in writing of its intention to do so to the chief officer of police and the traffic authority in whose area the relevant streets are situated; and

• (b) not less than 7 days before exercising any power under this article, given notice of the intention to exercise the power of this article by publishing a notice in a local newspaper circulating in the area.

• (4) Any prohibition, restriction or other provision made by the Company under paragraph (1) has effect as if duly made by the traffic authority in whose area the street is situated as a traffic regulation order under the Road Traffic Regulation Act 1984²⁵ and the instrument by which it is effected may specify savings to which the prohibition, restriction or other provision is subject.

• (5) Any prohibition or restriction made by the Company under paragraph (1) does not apply to any vehicle of a statutory utility for so long as it is engaged in connection with the laying, erection, alteration, repair or inspection of any apparatus of that utility.

• (6) In this article—

• “the relevant streets” means the carriageway of the streets specified in columns (1) and (2) of Schedule 12 (traffic regulation); and

• “statutory utility” means a statutory undertaker for the purposes of the Highways Act 1980²⁶ or a public communications provider as defined in section 151(1) of the Communications Act 2003²⁷.

Defence to proceedings in respect of statutory nuisance

38

• (1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990²⁸ (summary proceedings by person aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance), no order is to be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—

• (a) that the nuisance relates to premises used by the Company for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to authorised works and that the nuisance is attributable to the carrying out of authorised works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974²⁹; or

• (b) that the nuisance is a consequence of the operation of the authorised works and that it cannot reasonably be avoided.

• (2) The following provisions of the Control of Pollution Act 1974—

• (a) section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990); and

• (b) section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),

do not apply where the consent relates to the use of premises by the Company for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.

• (3) The provisions of this article are without prejudice to the application to the authorised works of section 122 of the Railways Act 1993³⁰ (statutory authority as a defence to actions in nuisance, etc.) or any rule of common law having similar effect.

Planning permission

39

Planning permission which is deemed by a direction under section 90(2A) of the 1990 Act to be granted in relation to the authorised works (or any of them) is to be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).

Power to lop trees overhanging the authorised works

40

• (1) The Company may fell or lop any tree or shrub near any part of the authorised works, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

• (a) from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used on the authorised works; or

• (b) from constituting a danger to passengers or other persons using the authorised works.

• (2) In exercising the powers conferred by paragraph (1), the Company must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from the exercise of those powers.

• (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

Open Space at Tubbs Lane

41

• (1) As from the date on which the Company enters onto the Tubbs Lane open space under section 11(1) of the 1965 Act or section 8 of the Compulsory Purchase (Vesting Declarations) Act 1981³¹ the Tubbs Lane open space land is discharged from all rights, trusts and incidents to which it was previously subject.

• (2) In this article “the Tubbs Lane open space” means the land numbered 03023 in the district of Cherwell on the deposited plans and forming part of an open space within the meaning of section 19(1) of the Acquisition of Land Act 1981³² which the Secretary of State has certified as not exceeding 209 square metres and that the giving in exchange of other land for the Tubbs Lane open space is unnecessary for the purposes of section 19(1) of that Act.

Power to operate and use railway

42

• (1) The Company may operate and use the railway and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.

• (2) Nothing in this Order, or in any enactment incorporated with or applied by this Order, affects the operation of Part 1 of the Railways Act 1993.

Power to transfer undertaking

43

• (1) The Company may, with the consent of the Secretary of State—

• (a) transfer to another person (“the transferee”) its right to construct, maintain, use or operate the authorised works (or any part of them) and such related statutory rights as may be agreed between the Company and the transferee; or

• (b) grant to another person (“the lessee”) for a period agreed between the Company and the lessee the right to construct, maintain, use or operate the authorised works (or any part of them) and such related statutory rights as may be so agreed.

• (2) Where an agreement has been made by virtue of paragraph (1) references in this Order to the Company include references to the transferee or the lessee.

• (3) The exercise of the powers conferred by any enactment by any person in pursuance of any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the Company.

Agreements with Network Rail

44

• (1) Without prejudice to article 43 (power to transfer undertaking), the Company and Network Rail may enter into and carry into effect agreements with respect to the construction, maintenance, use and operation of—

• (a) any of the authorised works, or any part of those works; and

• (b) any works required for the purposes of or in connection with the authorised works,

by Network Rail or by the Company, or by the Company and Network Rail jointly.

• (2) Any agreement made pursuant to the powers conferred by this article may contain such incidental, consequential or supplementary provisions as may be agreed, including (but without limitation on the scope of paragraph (1)), provisions—

• (a) with respect to the defraying of, or the making of contributions towards, the cost of such construction, maintenance, use and operation as are referred to in paragraph (1) by the Company or by Network Rail or by the Company and Network Rail jointly;

• (b) for the exercise by Network Rail, or by the Company, or by Network Rail and the Company jointly, of all or any of the powers and rights of Network Rail and the Company (as the case may be) in respect of any of the authorised works and any works required for the purposes of, or in connection with, those works; and

• (c) without limitation on the scope of sub-paragraph (b), for the exercise by Network Rail, or by Network Rail and the Company jointly, of all or any of the powers under this Order for, or relating to, the compulsory acquisition or the taking of temporary possession of any land or rights over land.

• (3) The exercise by the Company or Network Rail or by the Company and Network Rail jointly, of any powers and rights under any enactment or contract pursuant to any such agreement as is authorised by paragraph (1) is subject to all statutory and contractual provisions relating to it as would apply if such powers and rights were exercised by the Company or Network Rail (as the case may be) alone, and accordingly such provisions, with any necessary modifications, apply to the exercise of such powers and rights by the Company or Network Rail or by the Company and Network Rail jointly, as the case may be.

• (4) The Company and Network Rail may enter into, and carry into effect, agreements for the transfer to and vesting in Network Rail or the Company, or the Company and Network Rail jointly, of—

• (a) any of the authorised works or any part of any of those works; or

• (b) any works, lands or other property required for the purposes of the authorised works or in connection with such works,

together with any rights and obligations (whether or not statutory) of Network Rail or the Company relating to them.

Application of landlord and tenant law

45

• (1) This article applies to—

• (a) any agreement for leasing to any person the whole or any part of the authorised works or the right to operate the same; and

• (b) any agreement entered into by the Company with any person for the construction, maintenance, use or operation of the authorised works, or any part of them,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

• (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

• (3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

• (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

• (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

• (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Obstruction of construction of authorised works

46

Any person who, without reasonable excuse—

• (a) obstructs any person acting under the authority of the Company in setting out the lines of the scheduled works or in constructing any authorised work; or

• (b) interferes with, moves or removes any apparatus belonging to any person acting under the authority of the Company,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Trespass

47

• (1) Any person who—

• (a) trespasses on any part of the railway; or

• (b) trespasses on any land of the Company in dangerous proximity to the railway or to any electrical or other apparatus used for or in connection with the operation of the railway,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) No person is to be convicted of an offence under this article unless it is shown that a notice warning the public not to trespass on the railway was clearly exhibited and maintained at the station on the railway nearest the place where the offence is alleged to have been committed.

• (3) If the railway or any part of it is transferred to Network Rail under article 44(1) (agreements with Network Rail), this article ceases to apply to the railway or to the part of it that has been so transferred.

• (4) In this article “the railway” means the railway forming part of the authorised works.

Disclosure of confidential information

48

A person who—

• (a) enters a factory, workshop or workplace in pursuance of the provisions of article 20 (protective works to buildings, roads or apparatus of a statutory undertaker) or article 21 (power to survey and investigate land); and

• (b) discloses to any person any information obtained pursuant to sub-paragraph (a) and relating to any manufacturing process or trade secret,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of that person’s performance of a duty in connection with the purposes for which the person was authorised to enter the land.

Statutory undertakers etc.

49

The provisions of Schedule 13 (provisions relating to statutory undertakers etc.) have effect.

For the protection of specified undertakers

50

The provisions of Schedule 14 (for the protection of specified undertakers) have effect.

For the protection of the Environment Agency

51

The provisions of Schedule 15 (for the protection of the Environment Agency) have effect.

For the protection of Network Rail

52

The provisions of Schedule 16 (for the protection of Network Rail) have effect.

For the protection of the Canal & River Trust

53

The provisions of Schedule 17 (for the protection of the Canal & River Trust) have effect.

Certification of plans etc.

54

The Company must, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited plans and the deposited sections to the Secretary of State for certification that they are, respectively, true copies of the book of reference, the deposited plans and the deposited sections referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

55

• (1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

• (a) by post; or

• (b) with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 of the Interpretation Act 1978³³ as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, the last known address of that person at the time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission.

• (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

• (7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

• (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

• (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

No double recovery

56

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

Arbitration

57

Any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

SCHEDULE 1 — SCHEDULED WORKS

In the County of Oxfordshire, District of Cherwell—

• Work No. 1– A double track railway (1,197 metres in length) commencing by a junction with the course of the railway from London Marylebone to Birmingham Moor Street at a point 40 metres west of the northern face of Charbridge Lane overbridge and terminating by a junction with the commencement of Work No.2 on the course of the Bletchley to Oxford Railway at a point 70 metres south-west of Tubbs Lane crossing. Work No.1 includes a culvert extension and the construction of an embankment.

In the County of Oxfordshire, District of Cherwell and the City of Oxford—

• Work No. 2– A double track railway (17,600 metres in length) commencing in the county of Oxfordshire, district of Cherwell by a junction with the termination of Work No.1 and terminating in the city of Oxford by a junction with the commencement of Work No.3 at a point 370 metres north of Aristotle Lane Crossing. Work No.2 includes the reconstruction of Bicester Town and Islip Stations; construction of a station at Water Eaton; extensions to bridges OXD37, OXD38, OXD39 and OXD40; remedial works to bridges OXD42, OXD44, OXD46 and OXD49; demolition of bridge OXD47; lowering of track through Wolvercot Tunnel and the provision of a signalling power supply point at the proposed Elm Tree Farm Langford Lane overbridge (Work No.11).

In the City of Oxford—

• Work No. 3– A railway (1,939 metres in length) commencing by a junction with the termination of Work No.2 and terminating in Oxford Station at a point 190 metres south of Bridge DCL26. Work No.3 includes the extension of the Aristotle Lane accommodation crossing, remedial works to Bridge OXD53, the extension of DCL26 and the demolition of the parcel bay platforms and construction of platforms and other facilities at Oxford Station.

• Work No. 3A– A railway (234 metres in length) forming a spur off Work No.3 commencing by a junction with that work at a point 35 metres north of Bridge DCL26 and terminating in Oxford Station at a point 190 metres south of that bridge.

In the County of Oxfordshire, District of Cherwell—

• Work No. 4– A railway (704 metres in length) forming a spur off Work No.2 commencing at a point 276 metres north-east of Bridge OXD38A carrying the A41 road over the railway, and terminating by a junction with Work No.2 at a point 120 metres south-west of Bridge OXD39.

• Work No. 4A– A railway (91 metres in length) forming a spur off Work No.4 commencing by a junction with Work No.4 at a point 25 metres south-west of Bridge OXD39 and terminating by a junction with Exchange Sidings at a point 110 metres south-east of that bridge.

• Work No. 5– A railway (245 metres in length) forming a spur off Work No.2 commencing by a junction with Exchange Sidings at a point 350 metres north-east of Bridge OXD40 and terminating by a junction with Work No.2 at a point 120 metres north-east of that bridge.

• Work No. 6– A railway (527 metres in length) forming a siding commencing at a point 275 metres north-east of Gosford and Water Eaton Number 4 Crossing and terminating by a junction with Work No. 2 at a point 230 metres south-west of that crossing.

• Work No. 7– A railway (200 metres in length) forming a connection between the Bletchley to Oxford Railway and the Oxford to Birmingham Railway commencing by a junction with the termination of Work No.2 at a point on the Bletchley to Oxford Railway 370 metres north of Aristotle Lane Crossing and terminating on the Oxford to Birmingham Railway at a point 185 metres north of that crossing.

• Work No. 8– A footbridge (80 metres in length) over Work No.1 commencing on footpath FP129/3 at a point 45 metres south of Bridge NAJ3/27 and terminating on that footpath at a point 82 metres south of that bridge.

• Work No. 9– A footbridge (96 metres in length) with stairs and ramps over Work No.1 commencing on footpath FP129/3 at a point 45 metres north-west of Tubbs Lane crossing and terminating on the Path at a point 20 metres south of that crossing.

• Work No. 10– A reconstruction of Bridge OXD38A carrying the A41 road over the Bletchley to Oxford Railway commencing at a point 28 metres south-east of that bridge and terminating at a point 20 metres north-west of that bridge. Work No.10 includes the construction of two temporary bridges.

• Work No.11– A road (2060 metres in length) including an overbridge over Work No.2 commencing in Langford Lane at a point 115 metres south-west of Akeman Street level crossing and terminating in Wendlebury Road at a point 200 metres north-east of North End, Wendlebury.

• Work No. 12– A footbridge (81 metres in length) over Work No.2 commencing on footpath FP398/3 at a point 240 metres north-east of Bridge OXD40C carrying the M40 motorway over Work No.2 and terminating on that footpath at a point 244 metres north-east of that bridge.

• Work No.13– An accommodation road and bridleway (735 metres in length) including an overbridge over Work No.2 commencing at Mansmoor Road at a point 340 metres south-east of Holts Farm Crossing and terminating at a point 450 metres south-west of that crossing.

• Work No. 14– A road (553 metres in length) including an overbridge over Work No.2 commencing in Oddington Road at a point 330 metres south-east of Oddington Crossing and terminating on that road at a point 210 metres north of that crossing.

• Work No. 15– A footbridge (76 metres in length) over Work No.2 commencing on footpath at FP318/5 at a point 23 metres north of Oddington Number 5 Crossing and terminating at a point 25 metres south of that crossing.

• Work No. 16– A bridleway (360 metres in length) including an overbridge over Work No.2 commencing at a point 36 metres south-east of Mill Lane crossing on Mill Lane and terminating at a point 315 metres north-west of Mill Lane crossing on Mill Lane.

• Work No. 17– A road (610 metres in length) including an overbridge over Work No.2 commencing on bridleway BW229/5 at a point 290 metres north of Water Eaton Number 5 Crossing and terminating on that bridleway at a point 340 metres south-east of that crossing.

• Work No. 18– A footbridge (82 metres in length) over Work No.2 commencing on footpath FP229/10 at a point 10 metres east of Gosford and Water Eaton Number 10 Crossing and terminating on that footpath at a point 15 metres west of that crossing.

SCHEDULE 2 — ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS

(1) Area	(2) Number of land shown on deposited plan	(3) Purpose for which land may be acquired
County of Oxfordshire, District of Cherwell	01003, 01004, 01005, 01008, 01009, 03004, 03006, 04032, 04a003, 04a004	Provision of maintenance access
	02001, 02a001, 02a002, 02a003, 02a004, 02a005	Provision of signalling works
	04004, 04006, 04007, 04008, 04009, 04010, 04011, 04012, 04013, 04014, 04015, 04016, 04017, 04018, 04019, 04020, 04021, 04022, 04023, 04024, 04026, 04027, 04028, 04029, 04061	Reconstruction of Bicester Town Station, provision of footbridge and car parking and alterations to road and pedestrian access
	05009, 05010	Environmental mitigation including permanent earth works
	05017, 05018	Embankment strengthening and provision of maintenance access
	07002, 07003, 07004, 07006, 07007, 07008	Provision of vehicular turning areas
	08003	Diversion of overhead electric cables and temporary working site
	08a004, 13012, 13013, 14005, 15034, 16029, 16b001, 22013, 22014	Provision of footpath
	09024, 09025, 15023, 17012, 19005	Environmental mitigation including permanent earth works
	10036, 10a001, 10a002, 10a003, 10a004, 10a009, 10b001, 10b002	Provision of maintenance and accommodation access, and temporary access
	15011, 15012	Provision of accommodation access and working site
	11005, 16a001, 16a002, 16a003, 16a008, 16a009, 17a001	Provision of accommodation access
	12004, 12a003, 12b001, 21b004, 21b005, 21b006, 21b007	Provision of accommodation access and temporary access
	14007, 14009	Provision of footpath and accommodation access
	11008, 11009, 12002, 12003	Provision of accommodation works, access and temporary access
	12c002, 12c003, 12c004, 12c005	Provision of bridleway and accommodation access
	14016	Provision of footpath and accommodation access and temporary working site
	15021, 15024, 15032, 16005	Provision of maintenance access and temporary access
	18009	Provision of disabled parking
	19004	Provision of vehicular turning area and temporary access
	20023, 20024, 21003, 21a001	Provision of accommodation access and temporary access and working site
	23005, 23006, 23007, 23008, 23009, 23010, 23011, 23012, 23013, 23014, 23015, 23a001, 23a002, 23a003, 23a004, 23a005, 23a006, 23a007, 23a008	Construction of a station at Water Eaton, provision of footbridge and car park, road and pedestrian access and access road to rail aggregates terminal
	23016, 23017, 23a009, 23a010	Provision of bus stop and road junction improvements
	23023	Provision of footpath and road improvements
	23024	Provision of footpath and temporary working site
City of Oxford	24002, 24004, 24015, 24017, 24018, 25002	Provision of maintenance access
	29003, 29004	Provision of accommodation access and temporary access and working site

SCHEDULE 3 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Street subject to street works
County of Oxfordshire District of Cherwell	Charbridge Lane
	London Road
	Gavray Drive
	Launton Road
	A41
	Langford Lane
	Road to Langford Lane
	Wendlebury Road
	Oddington Road
	Bletchingdon Road
	Mill Lane
	Unclassified Road at Water Eaton
	Oxford Road (A4165)
City of Oxford	First Turn

SCHEDULE 4 — STREETS TO BE STOPPED UP

PART 1 — STREET FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted
County of Oxfordshire District of Cherwell	Footpath FP 129/3	Between points F1 and F2	Footpath between point F1, Work No. 8 and point F2

PART 2 — STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up
County of Oxfordshire District of Cherwell	Gavray Drive Unclassified road at Water Eaton	Within the Order limits Within the Order limits

SCHEDULE 5 — STREETS TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of temporary stopping up
County of Oxfordshire District of Cherwell	Charbridge Lane	Within the Order limits
	Footpath FP129/3	Within the Order limits
	Path	Within the Order limits
	Launton Road	Within the Order limits
	London Road	Within the Order limits
	Station Approach	Within the Order limits
	A41	Within the Order limits
	Langford Lane	Within the Order limits
	Footpath FP398/6	Within the Order limits
	Road to Langford Lane	Within the Order limits
	Wendlebury Road	Within the Order limits
	Footpath FP398/2	Within the Order limits
	Footpath FP398/3	Within the Order limits
	Merton Road	Within the Order limits
	Bridleway BW398/4	Within the Order limits
	Bridleway BW157/4	Within the Order limits
	Oddington Road	Within the Order limits
	Footpath FP318/7	Within the Order limits
	Footpath FP318/2	Within the Order limits
	Footpath FP318/5	Within the Order limits
	Footpath FP318/8	Within the Order limits
	Footpath FP318/6	Within the Order limits
	Bletchingdon Road	Within the Order limits
	Bridleway BW229/5	Within the Order limits
	Footpath FP260/4	Within the Order limits
	Mill Lane	Within the Order limits
	Footpath FP229/4	Within the Order limits
	Oxford Road	Within the Order limits
	Footpath FP229/10	Within the Order limits
City of Oxford	First Turn	Within the Order limits
	Fairlawn End	Within the Order limits
	Woodstock Road	Within the Order limits
	Bridleway BW320/10	Within the Order limits

SCHEDULE 6 — ACCESS TO WORKS

(1) Area	(2) Description of access
County of Oxfordshire District of Cherwell	Charbridge Lane
	Gavray Drive
	Launton Road
	London Road
	Langford Lane
	Road to Langford Lane
	Wendlebury Road
	Oddington Road
	Mill Lane
	Oxford Road (A4165)

SCHEDULE 7 — REPLACEMENT AND CLOSURE OF ROAD LEVEL CROSSINGS

(1) Area	(2) Level crossing to be discontinued	(3) Street to be stopped up	(4) Accommodation works
County of Oxfordshire District of Cherwell	Langford Lane Level Crossing	Langford Lane between points S1 and S2	Work No. 11 (Road)
	Oddington Road Level Crossing	Oddington Road between points S3 and S4	Work No. 14 (Road)
	Islip Road Level Crossing	Mill Lane between points S5 and S6	Work No. 16 (Bridleway)

SCHEDULE 8 — REPLACEMENT AND CLOSURE OF FOOTPATH LEVEL CROSSINGS

(1) Area	(2) Footpath level crossing to be discontinued	(3) Footpath to be stopped up	(4) New footpath to be substituted
County of Oxfordshire District of Cherwell	Tubbs Lane Level Crossing	Footpath FP129/3 between points F3, F4, F5 and F6	Footpath between point F3, Work No. 9 and point F6
	Elm Tree Farm No. 1 Level Crossing	Footpath FP398/6 between points F7 and F8	Footpath between points F7, F9, Work No. 11 and points F10 and F8
	Merton Foot Level Crossing	Footpath FP398/3 between points F10 and F11	Footpath between point F10, Work No. 12 and point F11
	Wendlebury Foot Level Crossing	Footpath FP398/2 between points F12 and F13	Footpath between points F12, F11, Work No. 12 and point F13
	Beebont Level Crossing	Bridleway BW398/4 and Bridleway BW157/4 between points B1 and B2	Bridleway between points B1, B3, B4, B5, Work No. 13 and point B2
	Oddington Foot Level Crossing	Footpath FP318/6 between points F19 and F20	Footpath between points F19, F21, F22, Work No 14 and point F23
	Yew Tree Farm Level Crossing	Footpath FP318/2 between points F21 and F24	Footpath between points F21, F22, Work No. 14 and point F23
	Islip Foot Level Crossing	Footpath FP318/7 between points F25 and F26	Footpath between points F25 and F27, F28 and F29 and between points F37, F36 and F35
	Oddington No. 5 Level Crossing.	Footpath FP318/5 between points F30 and F31	Footpath between point F30, Work No. 15 and point F31
	Islip No. 4 Level Crossing	Footpath FP260/4 between points F32 and F33 and Footpath FP318/8 between points F33 and F34	Footpath between points F32, F29, F30, Work No. 15, and points F31, F37, F36, F35 and F34
	Water Eaton No. 5 Level Crossing	Bridleway BW229/5 between points B3 and B4	Bridleway between point B3, Work No. 17 and point B4
	Gosford and Water Eaton No. 4 Level Crossing	Footpath FP229/4 between points F38 and F39	Footpath between points F38, F40, the A4165 and points F41 and F39
	Gosford and Water Eaton No. 10 Level Crossing	Footpath FP229/10 between points F42 and F43	Footpath between point F42, Work No. 18 and point F43

SCHEDULE 9 — ACCOMMODATION CROSSINGS

PART 1 — ACCOMMODATION CROSSINGS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Accommodation facility to be discontinued	(3) Private right of way to be extinguished	(4) Accommodation facility to be substituted
County of Oxfordshire District of Cherwell	Elm Tree Farm No. 1 Crossing	Within the limits of deviation	Work No. 11
	Elm Tree Farm No. 2 Crossing	Within the limits of deviation	Accommodation access and Work No. 11
	College Farm No. 2 Crossing	Within the limits of deviation	Accommodation access from Merton Road
	Manor Farm Crossing	Within the limits of deviation	Accommodation access from Merton Road
	Home Farm Crossing	Within the limits of deviation	Accommodation access from Merton Road
	Beebont Crossing	Within the limits of deviation	Accommodation access and Work No. 13
	Holts Farm Crossing	Within the limits of deviation	Accommodation access and Work No. 13
	Oddington Grange Crossing	Within the limits of deviation	Accommodation access and Work No. 14
	Brookfurlong Farm Crossing	Within the limits of deviation	Accommodation access from Bletchingdon Road
	Northfield Farm Bridge Crossing	Within the limits of deviation	Accommodation access and Work No. 16
	Water Eaton No. 5 Crossing	Within the limits of deviation	Work No. 16

PART 2 — ACCOMMODATION CROSSINGS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Accommodation facility to be discontinued	(3) Private right of way to be extinguished
County of Oxfordshire District of Cherwell	Taylors Number 1 Crossing	Within the limits of deviation
	Wendlebury Crossing	Within the limits of deviation
	Farm Crossing	Within the limits of deviation
	Bonners Crossing	Within the limits of deviation
	Lane Crossing	Within the limits of deviation
	Footbridge Crossing	Within the limits of deviation
	Islip Foot Crossing	Within the limits of deviation
	Crossing Crossing	Within the limits of deviation
	Mill Farm Crossing	Within the limits of deviation
	Coults Crossing	Within the limits of deviation
	Nesbitts Crossing	Within the limits of deviation
	St Edwards Crossing	Within the limits of deviation

SCHEDULE 10 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS OR IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right, and in the case of the imposition of a restrictive covenant, as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973³⁴ has effect subject to the modifications set out in sub-paragraphs (2) and (3).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

• (a) for the words “land is acquired or taken from” there are substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and

• (b) for the words “acquired or taken from him” there are substituted the words “over which the right is exercisable or the restrictive covenant enforceable”.

• (3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—

• (a) for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over or restrictive covenant affecting land consisting”;

• (b) for the word “severance” there are substituted the words “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden”;

• (c) for the words “part proposed” there are substituted the words “right or restrictive covenant proposed”; and

• (d) for the words “part is” there are substituted the words “right or restrictive covenant is”.

Application of the 1965 Act

3

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired or the restrictive covenant imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable or the restrictive covenant is or is to be enforceable.

• (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or in relation to the imposition of a restrictive covenant, with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation in case of severance) there is substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (other provisions as to divided land) there is substituted the following—

(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over, or a restrictive covenant affecting, land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question, the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest, and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, the Chiltern Railways (Bicester to Oxford Improvements) Order 2012³⁵ (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9

Section 22 of the 1965 Act (interest omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

SCHEDULE 11 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Number of land shown on deposited plans	(3) Purpose for which temporary possession may be taken	(4) Authorised work
County of Oxfordshire District of Cherwell	01010	Working site and access	Work No. 1
	02004, 02008	Working site and access	Work Nos. 1 and 8
	03003	Working site	Work No. 1
	03010, 03011, 03012	Working site, access and footpath diversion	Work No. 9
	03013, 03014, 03017, 03019, 03020, 03021, 03022	Working site and access	Work No. 9
	04003, 04005	Working site	Work No. 2
	04036, 04037, 04038	Access	Work Nos. 2, 4 and 10
	04039, 04041, 04042, 04043, 04044, 04045, 04046, 04047, 04048, 04049, 04050, 04051, 04056, 04057, 04a001, 04a002, 05001, 05005, 05021, 05022	Working site and access	Work Nos. 2, 4 and 10
	05007, 05008, 05015, 05016	Working site and access	Work Nos. 2 and 4
	05009, 05010	Environmental mitigation including permanent earth works	Work No. 2
	08005, 08009	Access	Work Nos. 2 and 11
	08b004	Working site and accommodation access	Work No. 11
	09001, 09005, 09006, 09008, 09012, 09014, 09017, 09021, 10001, 10009, 10010, 10011, 10015, 12013, 13001, 13006, 13007, 13011, 13018, 13019 14003, 14010, 15017, 15020, 15028, 15029, 15a001, 16016, 16017, 16018, 16020, 16021, 16022, 16023, 16024, 16025, 16026, 16027, 17002, 17003, 17004, 17006, 17007, 17009, 19006, 19010, 19015, 19016, 20003, 20004, 20005, 20006, 20007, 20008, 20011, 20012, 20015, 20016, 20020, 20022, 21018	Working site and access	Work No. 2
	09024, 09025, 15023, 17012, 19005	Environmental mitigation including permanent earth works	Work No. 2
	10016, 10021, 10027, 10028, 10033, 10034	Working site and access	Work Nos. 2 and 12
	10a005, 10a006, 10a007, 10a008	Working site	Work Nos. 2 and 12
	16a004, 16a005, 16a006, 16a007	Working site	Work No. 2
	12005	Working site and access	Work Nos. 2 and 13
	14012, 15013	Working site and access	Work Nos. 2 and 14
	15005	Working site	Work No. 14
	15006, 15007, 15008, 15010	Working site	Work Nos. 2 and 14
	16001, 16006, 16010, 16011, 16013	Working site and access	Work Nos. 2 and 15
	18004, 18010	Remedial works to Bridge OXD42 and road junction improvements	Work No. 2
	19008, 19009, 21b001	Access	Work No. 2
	24006, 24009, 24011	Working site and access	Work Nos. 2 and 18
City of Oxford	25003, 25004, 25005	Working site and access	Work No. 2
	26004, 26008, 26009, 26010	Remedial works to Bridge OXD49, working site and access	Work No. 2
	29005	Access	Work No. 3
	31006, 31007, 31008, 31009, 31010, 31011, 31012, 31016, 31017, 31018, 31019, 31020, 31021	Working site and access	Work Nos. 3 and 3A
	31027, 31028, 31029	Access	Work Nos. 3 and 3A

SCHEDULE 12 — TRAFFIC REGULATION

(1) Area	(2) Street subject to traffic regulation	(3) Extent of traffic regulation
County of Oxfordshire District of Cherwell	Charbridge Lane	Within the Order limits
	Launton Road	Within the Order limits
	London Road	Within the Order limits
	Station Approach	Within the Order limits
	Langford Lane	Within the Order limits
	Road to Langford Lane	Within the Order limits
	Wendlebury Road	Within the Order limits
	Oddington Road	Within the Order limits
	Bletchingdon Road	Within the Order limits
	Mill Lane	Within the Order limits
	Oxford Road	Within the Order limits
City of Oxford	First Turn	Within the Order limits
	Fairlawn End	Within the Order limits

SCHEDULE 13 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

Apparatus of statutory undertakers etc. on land acquired

1

• (1) Sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers etc. and power of statutory undertakers etc. to remove or re-site apparatus) apply in relation to any land acquired or appropriated by the Company under this Order subject to the following provisions of this paragraph: and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) have effect accordingly.

• (2) In the provisions of the 1990 Act, as applied by sub-paragraph (1), references to the appropriate Minister are references to the Secretary of State.

• (3) Where any apparatus of public utility undertakers or of a public communications provider is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the Company compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (4) Sub-paragraph (3) does not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—

• (a) the owner or occupier of premises the drains of which communicated with that sewer; or

• (b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the Company compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

• (5) The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, do not have effect in relation to apparatus as respects which paragraph 2 or Part 3 of the 1991 Act applies.

• (6) In this paragraph—

• “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003³⁶; and

• “public utility undertakers” has the same meaning as in the Highways Act 1980³⁷.

Apparatus of statutory undertakers etc. in stopped up streets

2

• (1) Where a street is stopped up under this Order any statutory utility whose apparatus is under, in, upon, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

• (2) Where a street is stopped up under this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street may, and if reasonably requested to do so by the Company must—

• (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

• (b) provide other apparatus in substitution for the existing apparatus and place it in that other position.

• (3) Subject to the following provisions of this paragraph, the Company must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

• (a) the execution of the relocation works required in consequence of the stopping up of the street; and

• (b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

• (4) If in the course of the execution of relocation works under sub-paragraph (2)—

• (a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the Company, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory utility by virtue of sub-paragraph (3) is to be reduced by the amount of that excess.

• (5) For the purposes of sub-paragraph (4)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

• (6) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (3) (and having regard, where relevant, to sub-paragraph (4)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

• (7) Sub-paragraphs (3) to (6) do not apply where the authorised works constitute major transport works for the purposes of Part 3 of the 1991 Act, but instead—

• (a) the allowable costs of the relocation works are to be determined in accordance with section 85 of that Act (sharing of cost of necessary measures) and any regulations for the time being having effect under that section; and

• (b) the allowable costs are to be borne by the Company and the statutory utility in such proportions as may be prescribed by any such regulations.

• (8) In this paragraph—

• “apparatus” has the same meaning as in Part 3 of the 1991 Act;

• “relocation works” means work executed, or apparatus provided, under sub-paragraph (2); and

• “statutory utility” means a statutory undertaker for the purposes of the Highways Act 1980 or a public communications provider as defined in paragraph 1(6).

Railway and navigation undertakings

3

• (1) Subject to the following provisions of this paragraph, the powers under article 8 (power to execute street works)to break up or open a street are not exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)—

• (a) is under the control or management of, or is maintainable by, railway or tramway undertakers or a navigation authority; or

• (b) forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,

except with the consent of the undertakers or authority or, as the case may be, of the person to whom the level crossing belongs.

• (2) Sub-paragraph (1) does not apply to the carrying out under this Order of emergency works, within the meaning of Part 3 of the 1991 Act.

• (3) A consent given for the purpose of sub-paragraph (1) may be made subject to such reasonable conditions as may be specified by the person giving it but must not be unreasonably withheld.

• (4) In this paragraph “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.

SCHEDULE 14 — FOR THE PROTECTION OF SPECIFIED UNDERTAKERS

1

• (1) For the protection of the undertakers referred to in this Schedule the following provisions have effect unless otherwise agreed in writing between the Company and the undertakers concerned.

• (2) The provisions of Schedule 13 (provisions relating to statutory undertakers etc.), in so far as they relate to the removal of apparatus, do not apply in relation to apparatus to which this Schedule applies.

2

In this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989³⁸) belonging to or maintained by that undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply; in the case of a water undertaker— mains, pipes or other apparatus belonging to, or maintained by, the undertaker for the purposes of water supply; and any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991³⁹; in the case of a sewerage undertaker— any drain or works vested in the undertaker under the Water Industry Act 1991; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

• “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and

• “undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986⁴⁰; a water undertaker within the meaning of the Water Industry Act 1991; and a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991, for the area of the authorised works, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

3

This Schedule does not apply to apparatus in respect of which the relations between the Company and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.

4

• (1) Where any street is stopped up under article 9 (stopping up of streets), any undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up, but nothing in this paragraph affects any right of the Company or of the undertaker to require the removal of that apparatus under paragraph 6(2) or the power of the Company to carry out works under paragraph 8.

• (2) the Company must give not less than 28 days’ notice in writing of its intention to stop up any street under article 9 to any undertaker whose apparatus is in that street.

5

Regardless of any provision in this Order or anything shown on the deposited plans the Company must not acquire any apparatus other than by agreement.

6

• (1) If, in the exercise of the powers conferred by this Order, the Company acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Schedule and any right of an undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertaker in question.

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the Company requires the removal of any apparatus placed in that land, it must give to the undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) the Company must, subject to sub-paragraph (3), afford to the undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the Company and for the subsequent maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the Company, or the Company is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker in question must, on receipt of a written notice to that effect from the Company, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the Company under this Schedule must be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and the Company or in default of agreement settled by arbitration in accordance with article 57 (arbitration).

• (5) The undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 57, and after the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the Company to be removed under the provisions of this Schedule.

• (6) Regardless of anything in sub-paragraph (5), if the Company gives notice in writing to the undertaker in question that it desires itself to execute any work to which this sub-paragraph applies, that work, instead of being executed by the undertaker, must be executed by the Company without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the undertaker.

• (7) Sub-paragraph (6) applies to any part of any work necessary in connection with construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land of the Company.

• (8) Nothing in sub-paragraph (6) authorises the Company to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

7

• (1) Where, in accordance with the provisions of this Schedule, the Company affords to an undertaker facilities and rights for the construction and maintenance in land of the Company of alternative apparatus in substitution for apparatus to be removed, those facilities and rights may be granted upon such terms and conditions as may be agreed between the Company and the undertaker in question or in default of agreement settled by arbitration in accordance with article 57 (arbitration).

• (2) In settling those terms and conditions in respect of the alternative apparatus to be constructed in or along any railway, the arbitrator must—

• (a) give effect to all reasonable requirements of the Company for ensuring the safety and efficient operation of the railway and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the Company or the traffic on the railway; and

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or along the railway for which the alternative apparatus is to be substituted.

• (3) If the facilities and rights to be afforded by the Company in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the Company to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

8

• (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 6(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the Company under paragraph 6(2), the Company must submit to the undertaker in question a plan, section and description of the works to be executed.

• (2) Those works are to be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and an officer of the undertaker is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by the undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

• (4) If an undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the Company, reasonably requires the removal of any apparatus and gives written notice to the Company of that requirement, paragraphs 6 and 7 apply as if the removal of the apparatus had been required by the Company under paragraph 6(2).

• (5) Nothing in this paragraph precludes the Company from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

• (6) The Company is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

9

• (1) If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the Company must provide such alternative means of access to such apparatus as will enable the undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

• (2) Subject to the following provisions of this paragraph, the Company must repay to an undertaker the reasonable expenses incurred by that undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 6(2).