The Network Rail (Huyton) Order 2014

Made: 29th July 2014

Coming into force: 19th August 2014

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 4, 7, 8, 10, 11 and 16 of Schedule 1 to, the 1992 Act, makes the following Order.

PART 1 — PRELIMINARY

Citation and commencement

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This Order may be cited as the Network Rail (Huyton) Order 2014 and comes into force on 19th August 2014.

Interpretation

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• (1) In this Order—

• “the 1961 Act” means the Land Compensation Act 1961[^f00003];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00004];

• “the 1980 Act” means the Highways Act 1980[^f00005];

• “the 1981 Act” means the Acquisition of Land Act 1981[^f00006];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00007];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00008];

• “the 2003 Act” means the Communications Act 2003[^f00009];

• “address” includes any number or address used for the purposes of electronic transmission;

• “authorised works” means the scheduled work and any other works authorised by this Order or any part of them;

• “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;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “carriageway” has the same meaning as in the 1980 Act;

• “the deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;

• “the deposited section” means the section certified by the Secretary of State as the deposited section for the purposes of this Order;

• “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form;

• “footpath” and “footway” have the same meaning as in the 1980 Act;

• “highway” and “highway authority” have the same meaning as in the 1980 Act;

• “the limits of deviation” means the limits of deviation for the scheduled work shown on the deposited plans;

• “the limits of land to be acquired or used” means the limits of land to be acquired or used shown on the deposited plans;

• “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” is to be construed accordingly;

• “Network Rail” means Network Rail Infrastructure Limited (Company registration number 02904587) whose registered office is at Kings Place, 90 York Way, London, N1 9AG;

• “the Order limits” means the limits of deviation and the limits of land to be acquired or used;

• “owner”, in relation to land, has the same meaning as in the 1981 Act;

• “the scheduled work” means the work specified in Schedule 1 (scheduled work) or any part of the work;

• “street” includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

• “the tribunal” means the Lands Chamber of the Upper Tribunal; and

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.

• (2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in Network Rail’s railway undertaking.

• (3) References in this Order to numbered plots are references to plot numbers on the deposited plans.

• (4) All distances, directions and lengths referred to in this Order are approximate and distances between points on a scheduled work are taken to be measured along the scheduled work.

• (5) References in this Order to points by letters are to be construed as references to points on the deposited plans.

Incorporation of Railways Clauses Acts

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• (1) The following provisions of the Railways Clauses Consolidation Act 1845[^f00010] are incorporated in this Order—

• section 58[^f00011] (company to repair roads used by them), except for the words from “and if any question” to the end;

• section 61 (company to make sufficient approaches and fences to highways crossing on the level);

• 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 75[^f00012] (omission to fasten gates);

• section 77 (presumption that minerals excepted from acquisition of land);

• sections 78 to 85E[^f00013] 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[^f00014];

• section 103[^f00015] (refusal to quit carriage at destination);

• section 105 (carriage of dangerous goods on railway), except for the words from “and if any person” to “for every such offence”; and

• section 145[^f00016] (recovery of penalties).

• (2) Section 12 (signals, watchmen etc.) of the Railways Clauses Act 1863[^f00017] is incorporated in this Order.

• (3) In those provisions, as incorporated in this Order—

• “the company” means Network Rail;

• “goods” includes any thing conveyed on the railway authorised to be constructed by this Order;

• “lease” includes an agreement for a lease;

• “prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;

• “the railway” means any railway authorised to be constructed by this Order and any other authorised works;

• “the special Act” means this Order; and

• “toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.

Application of the 1991 Act

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• (1) Works executed under this Order in relation to a highway which consists of or includes acarriageway are treated for the purposes of Part 3 of the 1991 Act (street works) as major transportworks if—

• (a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works); or

• (b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64[^f00018] of the 1980 Act (dual carriageways and roundabouts).

• (2) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

• section 56 (directions as to timing);

• section 56A (power to give directions as to placing of apparatus);

• section 58 (restrictions following substantial road works);

• section 73A (power to require undertaker to re-surface street);

• section 73B (power to specify timing, etc., of re-surfacing);

• section 73C (materials, workmanship and standard of re-surfacing);

• section 78A (contributions to costs of re-surfacing by undertaker); and

• Schedule 3A (restriction on works following substantial street works).

• (3) The provisions of the 1991 Act mentioned in paragraph (4) which, together with other provisions of that Act, apply in relation to the execution of street works and any regulations made or code of practice issued or approved under those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by Network Rail under the powers conferred by article 9 (temporary stopping up of streets) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

• (4) The provisions of the 1991 Act[^f00019] referred to in paragraph (3) are—

• section 54[^f00020] (advance notice of certain works), subject to paragraph (5);

• section 55[^f00021] (notice of starting date of works), subject to paragraph (5);

• section 57[^f00022] (notice of emergency works);

• section 59[^f00023] (general duty of street authority to co-ordinate works);

• section 60 (general duty of undertakers to co-operate);

• section 68 (facilities to be afforded to street authority);

• section 69 (works likely to affect other apparatus in the street);

• section 76 (liability for cost of temporary traffic regulation); and

• section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purposes of the provisions mentioned above.

• (5) Sections 54 and 55 of the 1991 Act as applied by paragraph (3) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

• (6) Nothing in article 11 (construction and maintenance of altered streets)—

• (a) prejudices the operation of section 87 of the 1991 Act (prospectively maintainable highways), and Network Rail is not by reason of any duty under that article to maintain a street to be taken to be a street authority in relation to that street for the purposes of Part 3 of that Act; or

• (b) has effect in relation to street works with regard to which the provisions of Part 3 of the 1991 Act apply.

PART 2 — WORKS PROVISIONS

Principal powers

Power to construct and maintain works

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• (1) Network Rail may construct and maintain the scheduled work.

• (2) Subject to article 6 (power to deviate), the scheduled work may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited section.

• (3) Network Rail may, on the land specified in columns (1) and (2) of Schedule 2 (acquisition of certain lands for ancillary works), carry out and maintain any works specified in column (3) of that Schedule in relation to that land, with all necessary works and conveniences in connection with those works.

• (4) Network Rail may, on the land specified in article 20(1) (cases where powers of acquisition limited to railway protection rights), carry out and maintain any works specified in relation to that land in article 20(5)(a) with all necessary works and conveniences in connection with those works.

• (5) Subject to paragraph (7), Network Rail may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the scheduled work, namely—

• (a) railway electrification, signalling and permanent way works;

• (b) buildings, yards, machinery, plant, apparatus and other works and conveniences;

• (c) approaches, ramps, passages, means of access, shafts and stagings;

• (d) embankments, aprons, abutments, retaining walls, wing walls, culverts;

• (e) works to alter or remove any structure erected upon any highway or adjoining land;

• (f) works to alter the position of apparatus, including mains, sewers, drains, cables and street furniture;

• (g) works to reconfigure the layout of the Huyton Bus Station in connection with the construction of the scheduled work;

• (h) landscaping and works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled work; and

• (i) works for the benefit or protection of premises affected by the scheduled work.

• (6) Subject to paragraph (7), Network Rail may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the scheduled work, other than works that would interfere with a navigable watercourse.

• (7) Paragraphs (5) and (6) only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on—

• (a) land specified in columns (1) and (2) of Schedule 2 for the purpose specified in relation to that land in column (3) of that Schedule; or

• (b) land specified in columns (1) and (2) of Schedule 6 (land of which temporary possession may be taken) for the purposes specified in column (3) of that Schedule.

Power to deviate

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In constructing or maintaining any of the scheduled work, Network Rail may—

• (a) deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation for that work; and

• (b) deviate vertically from the levels shown on the deposited section—

• (i) to any extent not exceeding 3 metres upwards; or

• (ii) to any extent downwards as may be found to be necessary or convenient.

Streets

Power to execute street works

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• (1) Network Rail may, for the purposes of the authorised works, enter upon so much of any of the streets specified in Schedule 3 (streets subject to street works) as is within the Order limits and may—

• (a) break up or open the street, or any sewer, drain or tunnel under it, or tunnel or bore under the street;

• (b) place apparatus in the street;

• (c) maintain apparatus in the street or change its position; and

• (d) execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c).

• (2) In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act.

Use of roads

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• (1) Regardless of any traffic regulations made under the Road Traffic Regulation Act 1984[^f00024] or any other enactments Network Rail may use any road situated within the plot numbered 11 in the Metropolitan Borough of Knowsley for the passage of persons or vehicles (with or without materials, plant or machinery) for the purposes of or in connection with the construction of the authorised works.

• (2) Any person having the management of a road to which paragraph (1) applies who suffers loss by reason of the exercise of the power conferred by that paragraph is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

Temporary stopping up of streets

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• (1) Network Rail, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time—

• (a) divert the traffic from the street; and

• (b) subject to paragraph (3), prevent all persons from passing along the street.

• (2) Without limitation on the scope of paragraph (1), Network Rail may use any street stopped up under the powers conferred by this article as a temporary working site.

• (3) Network Rail must provide reasonable access for pedestrians going to or from premises abutting a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.

• (4) Without limitation on the scope of paragraph (1), Network Rail may exercise the powers conferred by this article in relation to the street specified in columns (1) and (2) of Schedule 4 (street to be temporarily stopped up) to the extent specified, in column (3) of that Schedule.

• (5) Network Rail must not exercise the powers conferred by this article—

• (a) in relation to any street specified as mentioned in paragraph (4) without first consulting the street authority; and

• (b) in relation to any other street without the consent of the street authority which may attach reasonable conditions to any consent, but such consent must not be unreasonably withheld.

• (6) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

• (7) If within 28 days of receiving an application for consent under paragraph (5)(b) a street authority fails to notify Network Rail of its decision or refuses consent without giving any grounds for its refusal that street authority is deemed to have granted consent.

Access to works

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• (1) Network Rail may, for the purposes of the authorised works with the approval of the highway authority, such approval not to be unreasonably withheld, form and lay out such means of access or improve existing means of access, at such locations within the Order limits as Network Rail reasonably requires for the purposes of the authorised works.

• (2) If within 28 days of receiving an application for approval under paragraph (1) a highway authority fails to notify Network Rail of its decision that highway authority is deemed to have granted consent.

Construction and maintenance of altered streets

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• (1) Where a street is altered under this Order, the altered part of the street must, when completed to the reasonable satisfaction of the street authority unless otherwise agreed with the street authority, be maintained by and at the expense of Network Rail for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.

• (2) Paragraph (1) does not apply in relation to the structure of any bridge or tunnel carrying a street over or under any railway of Network Rail.