The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020

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

(1) Area	(2) Footpath level crossing to be discontinued	(3) Right of way to be stopped up
County of Bedfordshire District of Bedford Parish of Stewartby	The level crossing known as Stewartby Brickworks level crossing	Footpath STW 5A between points P1 and P2 (on sheet 56).
District of Central Bedfordshire Parish of Lidlington	The level crossing known as School Crossing Lidlington level crossing	Footpath 6/A6 and path not on definitive map between points P1 and P2 (on sheet 53).
Parish of Marston Moretaine	The level crossing known as Millennium Park level crossing	Footpath 13 and path not on definitive map between points P1 and P2 (on sheet 55).

SCHEDULE 7 — 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 Parish of Launton	The level crossing known as Manor Farm level crossing whereby Manor Farm access road is crossed on the existing railway between Bicester and Bletchley stations	Manor Farm access road (on sheet 3)	Work No.9
County of Buckinghamshire District of Aylesbury Vale Parish of Marsh Gibbon	The level crossing known as Marsh Gibbon user works level crossing whereby Marsh Gibbon access road is crossed on the existing railway between Bicester and Bletchley stations	Marsh Gibbon access road (on sheet 7)	Work No.14
	The accommodation crossing OXD/33 known as Marsh Gibbon Accommodation Bridge	OXD/33 known as Marsh Gibbon Accommodation Bridge access (on sheet 7)	Work No.14
Parish of Middle Claydon	The level crossing known as Littleworth Farm level crossing whereby Littleworth Farm access road is crossed on the existing railway between Bicester and Bletchley stations	Littleworth Farm access (on sheet 19)	Work No.24
	The level crossing known as Verney Junction level crossing whereby Furze Farm access road is crossed on the existing railway between Bicester and Bletchley stations	Verney Junction access road (on sheet 20)	Work No.24
Parish of Swanbourne	The level crossing known as Moco Farm No.1 level crossing whereby Moco Farm access road is crossed on the existing railway between Bicester and Bletchley stations	Moco Farm access road (on sheet 27)	Work No.27
	The accommodation crossing OXD/14 known as Moco Farm Overbridge	OXD/14 Moco Farm Overbridge access (on sheet 27)	Work No. 27
Parish of Mursley	The level crossing known as Weasels Lodge level crossing whereby an access road is crossed on the existing railway between Bicester and Bletchley stations and OXD/10 Salden Overbridge	Weasels Lodge access road and OXD/10 Salden Overbridge (on sheet 32)	Works Nos. 30 and 31
County of Buckinghamshire District of Milton Keynes Parish of Woburn Sands and Wavendon	The level crossing known as Woodley’s Farm level crossing whereby Woodley’s Farm access road is crossed on the railway between Bletchley and Bedford stations	Woodley’s Farm access road (on sheet 45)	Work No.33
County of Bedfordshire District of Central Bedfordshire Parish of Aspley Guise	The level crossing known as Berry Lane level crossing whereby Berry Lane is crossed on the railway between Bletchley and Bedford stations	Berry Lane between points P1 and P2 (on sheet 49)	Work No.34
Parish of Aspley Guise and Husbourne Crawley	The level crossing known as Long Leys level crossing whereby Long Leys access road is crossed on the railway between Bletchley and Bedford stations	Long Leys access road (on sheet 50)	Work No.35 and 36
Parish of Husbourne Crawley	The level crossing known as Matey Boys level crossing whereby an access road is crossed on the railway between Bletchley and Bedford stations.	Matey Boys access road (on sheet 50)	Work No.35 and 36
County of Buckinghamshire District of Aylesbury Vale Parish of Waddesdon	The level crossing known as Lower Blackgrove No.1 crossing whereby an access road is crossed on the existing railway between Buckinghamshire former Railway station and Aylesbury Vale Parkway station.	Lower Blackgrove Farm access road (on sheet 64)	Work No.42

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 Buckinghamshire District of Aylesbury Vale Parish of Swanbourne	The level crossing known as Moco Farm No. 2	Moco Farm access road (on sheet 28).
Parish of Fleet Marston	The level crossing known as Fleet Marston Farm crossing whereby an access road is crossed on the existing railway between Buckinghamshire former Railway station and Aylesbury Vale Parkway station	Fleet Marston Farm access road (on sheet 67)
County of Bedfordshire District of Bedford Parish of Stewartby	The level crossing known as Stewartby Brickworks crossing whereby an access road is crossed on the existing railway between Bletchley and Bedford stations	Stewartby Brickworks access road (on sheet 56)

SCHEDULE 8 — STREETS SUBJECT TO ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
County of Buckinghamshire District of Aylesbury Vale Parish of Poundon	Station Road	Passing places between points T2 and T3 (on sheets 9 and 10).
	The junction of Main Street with Station Road	Kerbline realignment and widening of road (on sheet 10).
Parish of Charndon	The junction of School Hill with Main Street	Kerbline realignment and widening of road (on sheet 13).
	School Hill	Passing places between points T11 and T13 (on sheets 13 and 77).
	The junction of School Hill with an Unnamed Road (between School Hill and Perry Hill)	Kerbline realignment and widening of road (on sheet 77).
Parish of Steeple Claydon	The Junction of Buckingham Road with Queen Catherine Road	Kerbline realignment and widening of road (on sheet 15).
	Queen Catherine Road	Passing places between points T2 and P1 (on sheet 15).
Parish of Middle Claydon	Sandhill Road	Passing places between points T2 and T3 (on sheet 19).
	The Junction of Verney Road with Sandhill Road	Kerbline realignment and widening of road (on sheet 19).
Parish of Middle Claydon	Verney Road	Passing places between points T3, T4 and T5 (on sheets 19 and 20) and between points T5 and T6 (on sheets 19 and 20).
	Verney Road	Kerbline realignment and widening of road (on sheet 20).
Parish of Middle Claydon, East Claydon and Addington	Verney Road	Passing places between points T7 and T8 (on sheets 20 and 21), and between points T9 and T10 (on sheets 22), and between points T12 and T13 (on sheets 22 and 23).
Parish of Wilmslow	The junction of Furze Lane with Verney Road	Kerbline realignment and widening of road (on sheet 24).
	Horwood Road	Passing places between points T1 and T2 (on sheets 85 and 26)
Parish of Mursley and Swanbourne	Station Road	Passing places between points T5 and T3 (on sheets 28 and 29).
Parish of Mursley	The junction of Station Road with an Unnamed Road (between Mursley Road and Station Road)	Kerbline realignment and widening of road (on sheet 29).
	Station Road	Passing places between points T3 and T4 (on sheets 29 and 86).
District of Milton Keynes Parish of Woburn Sands	The junction of Cranfield Road with Station Road.	Kerbline and footpath realignment and widening of road (on sheet 46).
County of Bedfordshire District of Central Bedfordshire Parish of Lidlington	Station Road between points T1 and T2 (on sheet 53)	Kerbline realignment and widening of road (on sheet 53).
	Church Street between points T2 and T3 (on sheet 53).	Kerbline realignment and widening of road (on sheet 53).
District of Bedford Parish of Stewartby	Manor Road	Passing places between points P2 and T3 (on sheet 57) and between points T1 and T2 (on sheet 96).
County of Buckinghamshire District of Aylesbury Vale Parish of Waddesdon	Blackgrove Road	Passing places between points T4 and T5 (on sheet 63).
County of Oxfordshire District of Cherwell Parish of Fringford and Stratton Audley	The junction of an Unnamed Road (between A4421 Roman Road and Mill Road) with A4221 Roman Road	Kerbline realignment and widening of road (on sheet 71).
Parish of Stratton Audley	Unnamed Road (between A4421 Roman Road and Mill Road)	Passing places between points T2 and T4 (on sheets 71 and 72).
	The junction of an Unnamed Road (between A4421 Roman Road and Mill Road) with Mill Road	Kerbline realignment and widening of road (on sheet 72).
County of Oxfordshire District of Cherwell and Aylesbury Vale Parishes of Stratton Audley and Godington County of Buckinghamshire District of Aylesbury Vale Parish of Poundon	Unnamed Road (between Mill Road and Main Street)	Passing places between points T4 and T5 (on sheets 72 and 76).
County of Buckinghamshire District of Aylesbury Vale Parish of Gawcott with Lenborough	The Junction of an Unnamed Road (between Lenborough Road and A413 London Road) with A413 London Road	Kerbline realignment and widening of road (on sheet 78).
	Unnamed Road (between Lenborough Road and A413 London Road)	Passing places between points T2 and T4 (on sheet 78).
Parish of Gawcott with Lenborough and Padbury	Unnamed Road (between Lenborough Road and Main Street)	Passing places between points T4 and T5 (on sheets 78 and 80).
Parish of Steeple Claydon	Herd’s Hill	Passing places between points T1 and T2 (on sheets 81 and 82).
	The junction of Herd’s Hill with Sandhill Road	Kerbline realignment and widening of road (on sheet 82).
	Sandhill Road	Passing places between points T2 and T3 (on sheets 82 and 84).
Parish of Steeple Claydon and Padbury	Unnamed Road (between Sandhill Road and Main Street)	Passing places between points T4 and T5 (on sheets 82 and 83).
Parish of Mursley, Stewkley and Drayton Parslow	B4032	Passing places between points T1 and T2 (on sheet 87) and between points T1 and T2 (on sheet 88).
Parish of Stewkley and Drayton Parslow	Bletchley Road	Passing places between points T2 and T3 (on sheets 88 and 91).
District of Bedford Parish of Drayton Parslow	Drayton Road	Passing places between points T1 and T2 (on sheets 92 and 93).
County of Bedfordshire District of Central Bedfordshire Parish of Lidlington	High Street	Passing places between points T1 and T2 (on sheets 94 and 95).
	The junction of High Street with the A507	Kerbline realignment and widening of road (on sheet 95).
District of Bedford Parish Stewartby	Manor Road	Passing places between points T1 and T2 (on sheet 96).
County of Buckinghamshire District of Aylesbury Vale Parish of Edgcott	Grendon Road	Passing places between points T1 and T2 (on sheet 97).
Parish of Westcott	The junction of an Unnamed Road (between A41 and Station Road) with the A41	Kerbline realignment and widening of road (on sheet 98).
Parish of Westcott, Waddesdon and Quainton	Unnamed Road (between A41 and Station Road)	Passing places between points T2 and T3 (on sheets 98 and 99).
Parish of Waddesdon	The junction of Blackgrove Road with the A41	Kerbline realignment and widening of road (on sheet 100).

SCHEDULE 9 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Street subject to street works
County of Oxfordshire District of Cherwell Parish of Bicester and Launton	A4421 Charbridge Lane A4421 Skimmingdish Lane
Parish of Launton	Bicester Road (on sheet 2) Station Road Bicester Road (on sheet 6)
County of Buckinghamshire District of Aylesbury Vale Parish of Poundon	Station Road Main Street
Parish of Twyford	Main Street
Arish of Charndon	Main Street
Parish of Steeple Claydon and Middle Claydon	Queen Catherine Road
	Sandhill Road
Parish of Middle Claydon, East Claydon and Addington	Verney Road
Parish of Winslow	Furze Lane
	Horwood Road
	Buckingham Road
Parish of Little Horwood	Horwood Road
Parish Swanbourne	Station Road
Parish of Mursley	Station Road
	Unnamed Road (between Mursley Road and Station Road)
	Salden Lane
	Whaddon Road
Parish of Newton Longville	Whaddon Road Bletchley Road
District of Milton Keynes Parish of West Bletchley	Selbourne Avenue Water Eaton Road Wellington Place
Parish of Bletchley and Fenny Drayton	Saxon Street
Parish of Walton	Davenport Lea
Parish of Woburn Sands	Newport Road Station Road Cranfield Road
County of Bedfordshire District of Central Bedfordshire Parish of Aspley Guise	Salford Road Berry Lane
Parish of Husborne Crawley	Bedford Road
Parish of Husborne Crawley and Brogborough	Station Road
Parish of Lidlington	Station Road
	Bye Road
	Church Street
	Marston Road
District of Bedford Parish of Sewartby	Manor Road
Parish of Kempston	Chantry Road
County of Buckinghamshire District of Aylesbury Vale Parish of Quainton	Station Road
Parish of Waddesdon	Blackgrove Road
Parish of Quainton and Fleet Marston	A41
Parish of Coldhardbour and Aylesbury	Griffin Lane
County of Oxfordshire District of Cherwell Parish of Fringford and Stratton Audley	Unnamed Road (between A4421 Roman Road and Mill Road)
Parish of Fringford	A4221 Roman Road
Parish of Stratton Audley	Unnamed Road (between A4421 Roman Road and Mill Road)
	Mill Road
County of Oxfordshire and Buckinghamshire District of Cherwell and Aylesbury Vale Parish of Stratton Audley, Godington and Poundon	Unnamed Road (between Mill Road and Main Street)
County of Buckinghamshire District of Aylesbury Vale Parish of Gawcott with Lenborough	Unnamed Road (between Lenborough Road and A413 London Road)
	A413 London Road
Parish of Gawcott with Lenborough and Padbury	Unnamed Road (between Lenborough Road and Main Street)
Parish of Charndon	School Hill
Parish of Steeple Claydon	Herd’s Hill
	Sandhill Road
Parish of Steeple Claydon and Padbury	Unnamed Road (between Sandhill Road and Main Street)
Parish of Mursley, Stewkley and Drayton Parslow	B4032
Parish of Stewkley and Drayton Parslow	Bletchley Road
District of Bedford Parish of Drayton Parslow	Drayton Road
County of Bedfordshire District of Central Bedfordshire Parish of Lidlington	High Street
	A507
Parish Stewartby	Manor Road
County of Buckinghamshire District of Aylesbury Vale Parish of Edgcott	Grendon Road
Parish of Westcott and Waddesdon	A41
Parish of Westcott, Waddesdon and Quainton	Unnamed Road (between A41 and Station Road)
Parish of Waddesdon	Blackgrove Road

SCHEDULE 10 — STREETS TO BE STOPPED UP

PART 1 — STREETS 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 Parish of Launton	Footpath 272/13/10	Between points P7 and P8 (on sheet 4)	Footpath between points P5, P3, Work No.10, point P2 and P8 (on sheets 3 and 4)
	Footpath 272/20/50	Between points P7 and P9 (on sheet 4)	Footpath between points P8 and P10 (on sheet 4)
Country of Buckinghamshire District of Aylesbury Vale Parish of Middle Claydon	Footpath MCL/9/1	Between points P7 and P8 (on sheet 16)	Work Nos. 18 (part) and 20
	Sandhill Road	Between points P1 and P2 (on sheet 19)	Work No.23
Parish of Addington	Footpath ADD/13/1	Between points P1 and P2 (on sheet 22)	Footpath between point P4 and P5 (on sheet 22)
	Footpath ADD/13/2	Between points P2 and P3 (on sheet 22)	Footpath between point P5 and P6 (on sheet 22)
Parish of Winslow	Footpath WIS/6/1	Between points P1 and P4 (on sheet 24)	Footpath between point P1, P2, Work No.26, point P3 and P6 (on sheet 24)
	Footpath WIS/6/2	Between points P6 and P4 (on sheet 24)	Footpath between points P3 and P6 (on sheet 24)
	Footpath WIS/6/9	Between points P4 and P5 (on sheet 24)	Footpath between points P6 and P7 (on sheet 24)
Parish of Mursley	Salden Lane	Between points P3 and P1 (on sheet 32)	Work No. 30
	Restricted Byway MUR/15/1	Between points P1 and P2 (on sheet 32)	Work No. 31
County of Buckinghamshire District of Milton Keynes Parish of Walton, Bow Brickhill and Woburn Sands	Bow Brickhill Bridleway 014	Between points P1 and P4 (on sheet 44)	Bridleway between points P1, P2, P3 and P4 (on sheet 44)

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 Parish of Launton	Bicester Road (Eastern verge)	Within Order limits (on sheet 2)
County of Buckinghamshire District of Aylesbury Vale Parish of Mursley	Restricted Byway MUR/18/1	Within the Limits of Deviation of Work No. 2 (On Sheet 29)
County of Buckinghamshire District of Milton Keynes Parish of Bletchley and Fenny Drayton	Saxon Street (Western Verge)	Within the Limits of Deviation of Work No. 2 (On Sheet 42)

SCHEDULE 11 — 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 Parish of Bicester	Footpath 129/18/10	Between points T1 and P2 (on sheets 1 and 2).
	Footpath 129/18/20	Between points P2 and T2 (on sheet 2).
	Charbridge Way	Within Order limits (on sheet 2).
	Jarvis’ Lane Footpath not on the definitive map	Between points P2, P1 and P3 (on sheet 2).
Parish of Bicester and Launton	A4421 Charbridge Lane	Within Order limits (on sheet 2).
Parish of Launton	Bicester Road	Between points T3 and T4 (on sheet 2).
	Footpath 272/7/10	Within Order limits (on sheet 2).
	Footpath 272/11/10	Within Order limits (on sheet 3).
	Footpath 272/12/10	Between points T1, P5 and P7 (on sheets 3 and 4).
	Footpath 272/20/50	Between points P7 and P9 (on sheet 4).
	Footpath 272/13/10	Within Order limits (on sheet 4).
	Footpath 272/21/10	Within Order limits (on sheet 4).
	Station Road	Between points T2 and T3 (on sheets 4 and 5).
	Bicester Road	Within Order limits (on sheet 6).
County of Buckinghamshire District of Aylesbury Vale Parish of Marsh Gibbon	Footpath MGI/5/1	Within Order limits (on sheet 7).
Parish of Poundon	Footpath POD/2/1	Between points P1, P2 and T1 (on sheet 8).
	Station Road	Between points T1, T2 and T3 (on sheets 9 and 10).
	Footpath POD/3/1	Between points T3 and P4 (on sheet 9).
	Footpath POD/4/2	Between points T8 and P1 (on sheets 9 and 10).
	Main Street	Between points T4 and T5 (on sheet 10).
	Footpath POD/4/1	Between points T6 and T7 (on sheet 10).
Parish of Charndon	Footpath CHA/3/1	Within Order limits (on sheet 9).
	Bridleway CHA/1/7	Within Order limits (on sheets 10 and 11).
	Footpath CHA/4/1	Within Order limits (on sheet 11).
	Bridleway CHA/1/1	Within Order limits (on sheet 11).
	Footpath CHA/4/2	Between point P4 and P5 (on sheet 11).
	Footpath CHA/3A/1	Between point P4 and T1 (on sheet 11).
	Bridleway CHA/1/2	Between point T2 and T3 (on sheets 11 and 13).
	Bridleway CHA/1/5	Between points T3 and T8 (on sheet 13).
	Bridleway CHA/1/6	Between points T8 and T9 (on sheet 13).
	Footpath CHA/1A/1	Between points T6 and T7 (on sheet 13).
	Main Street	Between points T10, T11 and T12 (on sheets 13).
	School Hill	Between points T11 and T13 (on sheets 13 and 77).
Parish of Twyford	Bridleway TWY/1/1	Within Order limits (on sheet 10).
	Footpath TWY/2/3	Between points P3 and T4 (on sheets 12 and 13).
	Footpath TWY/3/1	Between points P4, T5 and T6 (on sheets 12 and 13).
	Footpath TWY/2/2	Between points P3 and P4 (on sheet 12).
	Footpath TWY/4/1	Within Order Limits (on sheet 14).
	Main Street	Between points T1 and T2 (on sheet 14).
Parish of Steeple Claydon	Buckingham Road	Between points T1 and T2 (on sheet 15).
	Footpath SCL/1/3	Within Order limits (on sheet 17).
Parishes of Steeple Claydon and Middle Claydon	Queen Catherine Road	Between points T3, T2, P1 and P6 (on sheets 15 and 16).
Parish of Middle Claydon	Footpath MCL/9/1	Between points P7, P8 and T1 (on sheet 16).
	Footpath MCL/8/1	Within Order limits (on sheet 17).
	Footpath MCL/4/1	Within Order limits (on sheet 18).
	Footpath MCL/6/1	Within Order limits (on sheet 18).
	Footpath MCL/6/2	Within Order limits (on sheet 18).
	Footpath MCL/4/2	Within Order limits (on sheet 18).
	Sandhill Road	Between points T1, T2 and T3 (on sheet 19).
	Footpath MCL/2/1 and path not on definitive map)	Between points P1 and P2 (on sheet 20).
	Footpath MCL/3/1 and path not on definitive map)	Between points P1 and P3 (on sheets 20 and 21).
Parishes of Middle Claydon and East Claydon	Verney Road	Between points T3, T4, T5 and T6 (on sheets 19 and 20) and between points T7 and T8 (on sheets 20 and 21).
Parish of Addington	Footpath ADD/13/1	Between points P1 and P2 (on sheet 22).
	Footpath ADD/13/2	Between points P2 and P3 (on sheet 22).
	Footpath ADD/12/1	Between points T1 and P2 (on sheet 22).
	Footpath ADD/12/2	Between points P2 and T2 (on sheet 22).
	Footpath ADD/11/1	Between P1 and P2 (on sheet 23).
Parishes of Addington and Winslow	Verney Road	Between points T9 and T10 (on sheets 22), and between points T11, T12 and T13 (on sheets 22 and 23).
Parish of Winslow	Footpath WIS/5/1	Between points P2 and T1 (on sheet 23).
	Furze Lane	Between points T1 and T2 (on sheet 24).
	Footpath WIS/6/1	Between points P4, P1 and T7 (on sheet 24).
	Footpath WIS/6/2	Within Order limits (on sheet 24).
	Footpath WIS/6/9	Between points P4 and P5
	Buckingham Road	Between points T3 and T4 (on sheet 24).
	Great Horwood Road	Between points T5 and T6 (on sheet 24 and 25).
Parishes of Winslow and Little Horwood	Horwood Road	Between points T1, T2 and T3 (on sheets 85 and 26).
Parish of Swanbourne	Footpath SWA/17/1	Within Order limits (on sheets 27 and 28).
	Footpath SWA/1/1	Within Order limits (on sheet 28).
	Footpath SWA/1/2	Within Order limits (on sheet 28).
	Station Road	Between points T6 and T7 (on sheet 28).
	Footpath SWA/20/1	Between points P11 and P12 (on sheet 29).
Parishes of Swanbourne and Mursley	Station Road	Between points T5 and T3 (on sheets 28 and 29).
Parish of Little Horwood	Footpath LHO/27/1	Between points T2 and P10 (on sheets 28 and 29).
	Footpath LHO/20/1	Between points P1 and P5 (on sheet 30).
Parish of Mursley	Footpath MUR/19/1	Between points P10 and P11 (on sheet 29).
	Unnamed Road (between Mursley Road and Station Road)	Between points T3 and T6 (on sheet 29).
	Station Road (towards Main Street)	Between points T3 and T4 (on sheets 29 and 86).
	Restricted Byway MUR/18/1	Between points T3 and P6 (on sheets 29 and 30).
	Restricted Byway MUR/18/2	Within Order limits (on sheets 30 and 31).
	Footpath MUR/13/1	Within Order limits (on sheet 30).
	Whaddon Road	Between points T1 and T2 (on sheet 31).
	Salden Lane	Between points P3 and P1 (on sheet 32).
	Restricted Byway MUR/15/1	Between point P1 and T1 (on sheets 32 and 33).
Parish of Newton Longville	Restricted Byway NLO/20/1	Between points T1 and T2 (on sheets 33 and 34).
	Footpath NLO/19/1 (and path not on definitive map)	Between points T1 and T2 (on sheet and 37).
	Footpath NLO/19/2 (and path not on definitive map)	Between points T1 and T2 (on sheet and 37).
	Whaddon Road	Between points T1 and T2 (on sheet 36).
	Footpath NLO/18/1	Between points T6 and T7 (on sheets 37 and 38).
	Bletchley Road	Bletchley Road between points T1 and T2, and between points T3 and T4 (on sheet 38).
District of Aylesbury Vale Parish of Newton Longville and District of Milton Keynes Parish of West Bletchley	Newton Road	Newton Road between points T4 and T5 (on sheet 38).
District of Milton Keynes Parish of West Bletchley	Selbourne Avenue	Between points T1 and T2 (on sheet 39).
	Footpath Bletchley 026	Between points T1 and T2 (on sheet 39).
	Footpath Bletchley 027	Between points T2 and T3 (on sheets 39 and 40).
	Wellington Place	Within Order limits (on sheet 41).
	Saxon Street	Between points T1 and T2 (on sheet 42).
Parishes of West Bletchley and Bletchley and Fenny Stratford	Water Eaton Road	Between points T1 and T2 (on sheet 41).
	Footpath Bletchley 028	Within Order limits (on sheet 40).
Parishes of Walton, Bow Brickhill and Woburn Sands	Bow Brickhill Bridleway 014	Between point P1 and P4 (on sheet 44).
Parish of Woburn Sands	Bow Brickhill Road	Between points T1 and T2 (on sheet 45).
	Newport Road	Between points T3 and T4 and between points T5 and T6 (on sheet 46).
	Station Road	Between points T6 and T7 (on sheet 46).
	Cranfield Road	Between points P8 and T8 (on sheet 46).
	Woburn Sands Footpath 002	Between points T1 and T2 (on sheet 46).
	Woburn Sands Footpath 003	Between points P6 and P7 (on sheet 46).
County of Bedfordshire District of Central Bedfordshire Parish of Aspley Guise	Footpath 12 (and path not on definitive map)	Between points T1 and T2 (on sheet 48).
	Salford Road	Between points T3 and T4 (on sheet 48).
	Berry Lane	Between points P1, P2 and T1 (on sheet 49).
Parish of Husborne Crawley	Footpath 6 (and path not on definitive map)	Between points T1 and T2 (on sheet 50).
	Bedford Road	Between points T3, T2 and T1 (on sheets 50 and 51).
	Footpath 10	Between points T1, P1 and P2 (on sheet 51).
Parish of Brogborough	Footpath BRG/17/10	Between points P2 and P3 (on sheets 51 and 52).
Parishes of Brogborough and Husbourne Crawley	Station Road	Between points T1 and T2 (on sheet 52).
Parish of Lidlington	Station Road	Between points T1 and T2 (on sheet 53).
	Church Street	Between points T2 and T3 (on sheet 53).
	Footpath 1 and path not on definitive map	Between points P5 and P6 (on sheet 53).
	Marston Road	Between points P12 and P13 (on sheet 54).
District of Bedford Parish of Stewartby	Manor Road	Between points P1, P2 and T3 (on sheet 57).
Parish of Kempston	Footpath KEU1B (FP 1), Footpath KERA1A (FP A1)	Between points P1 and P2 (on sheet 58).
County of Buckinghamshire District of Aylesbury Vale Parish of Quainton	Station Road	Between points T1 and T2 (on sheet 60).
Parish of Waddesdon	Footpath WAD/3/5	Within Order limits (on sheet 61).
	Footpath WAD/4/2	Between points T1 and T2 (on sheet 63).
	Blackgrove Road	Between points T3 and T4 (on sheet 63).
	Footpath WAD/5/3	Between points T1 and T2 (on sheet 65).
Parishes of Fleet Marston and Berry Fields	A41	Between points T1 and T2 (on sheet 69).
Parish of Aylesbury	Footpath AYL/8/1 and Footpath AYL/7/1	Between points P5, P1 and P2 (on sheet 70).
County of Oxfordshire District of Cherwell Parish of Fringford	Fringford Footpath 9	Between points T5 and T6 (on sheet 71).
Parishes of Fringford and Stratton Audley	A4421 Roman Road	Between points T1, T2 and T3 (on sheet 71).
	Unnamed Road (between A4421 Roman Road and Mill Road)	Between points T1, T2 and T3 (on sheet 71).
Parish of Stratton Audley	Mill Road	Between points T5 and T4 (on sheet 72).
County of Oxfordshire District of Cherwell Parishes of Stratton Audley and Godington and County of Buckinghamshire District of Aylesbury Vale Parish of Poundon	Unnamed Road (between Mill Road and Main Street)	Between points T4 and T5 (on sheets 72 and 76).
County of Buckinghamshire District of Aylesbury Vale Parish of Charndon	Unnamed Road (between School Hill and Perry Hill)	Between points T13 and T1 (on sheet 77).
Parish of Gawcott with Lenborough	A413 London Road	Between points T1, T2 and T3 (on sheet 78).
	Unnamed Road (between Lenborough Road and A413 London Road)	Between points T2 and T4 (on sheet 78).
	Footpath GAW/20/1	Between points T5 and T6 (on sheet 78).
	Footpath GAW/14/1	Between points T6 and T7 (on sheet 80).
	Footpath GAW/14/2	Between points T6 and T8 (on sheet 80).
	Footpath GAW/16A/1	Between points T9 and T10 (on sheet 80).
Parishes of Gawcott with Lenborough and Padbury	Unnamed Road (between Lenborough Road and Main Street)	Between points T4 and T5 (on sheets 78 and 80).
Parish of Steeple Claydon	Herd’s Hill	Between points T1 and T2 (on sheets 81 and 82).
	Footpath SCL/20/1	Between points T6 and T7 (on sheet 82).
	Footpath SCL/23/1	Between points T8 and T9 (on sheet 82).
	Footpath SCL/11/1	Between points T9 and T10 (on sheet 82).
	Footpath SCL/4/2	Between points T11 and T12 (on sheet 83).
	Footpath SCL/22/1	Between points T13 and T14 (on sheet 83).
	Footpath SCL/21/1	Between points T14 and T15 (on sheet 83).
	Sandhill Road	Between points T2 and T3 (on sheets 82 and 84).
Parishes of Steeple Claydon and Padbury	Unnamed Road (between Sandhill Road and Main Street)	Between points T4 and T5 (on sheets 82 and 83).
Parishes of Mursley, Stewkley and Drayton Parslow	B4032	Between points T1 and T2 (on sheet 87).
Parish of Stewkley	B4032	Between points T1 and T2 (on sheet 88).
Parishes of Stewkley and Drayton Parslow	Bletchley Road	Between points T2 and T3 (on sheets 88 and 91).
Parishes of Drayton Parslow and Stoke Hammond	Drayton Road	Between points T1 and T2 (on sheets 92 and 93).
County of Bedfordshire District of Central Bedfordshire Parish of Lidlington	High Street	Between points T1 and T2 (on sheets 94 and 95).
	Lidlington Bridleway 33	Between points T3 and T4 (on sheet 94).
	A507	Between points T3, T2 and T4 (on sheet 95).
District of Bedford Parish of Stewartby	Manor Road	Between points T1 and T2 (on sheet 96).
County of Buckinghamshire District of Aylesbury Vale Parish of Edgcott	Grendon Road	Between points T1 and T2 (on sheet 97).
Parish of Westcott	A41	Between points T1 and T2 (on sheet 98).
Parishes of Westcott, Waddesdon and Quainton	Unnamed Road (between A41 and Station Road)	Between points T2 and T3 (on sheets 98 and 99).
Parish of Waddesdon	A41	Between points T1 and T2 (on sheet 100).
	Blackgrove Road	Between points T2 and T3 (on sheet 100).

SCHEDULE 12 — ACCESS TO WORKS

(1) Area	(2) Description of access
County of Oxfordshire District of Cherwell Parishes of Bicester and Launton	A4421 Charbridge Lane at a point marked on the deposited plans A4421 Skimmingdish Lane at a point marked on the deposited plans
Parish of Launton	Bicester Road (on sheet 2) at a point marked on the deposited plans Station Road at a point marked on the deposited plans Bicester Road (on sheet 6) at a point marked on the deposited plans
County of Buckinghamshire District of Aylesbury Vale Parish of Poundon	Station Road at a point marked on the deposited plans Main Street at a point marked on the deposited plans
Parish of Twyford	Main Street at a point marked on the deposited plans
Parishes of Steeple Claydon and Middle Claydon	Queen Catherine Road at a point marked on the deposited plans
	Sandhill Road at a point marked on the deposited plans
Parishes of Middle Claydon, East Claydon and Addington	Verney Road at a point marked on the deposited plans (on sheets 19, 20, 21 and 22)
Parish of Winslow	Furze Lane at a point marked on the deposited plans
	Buckingham Road at a point marked on the deposited plans
	Great Horwood Road at a point marked on the deposited plans
Parish of Little Horwood	Horwood Road at a point marked on the deposited plans
Parish Swanbourne	Station Road at a point marked on the deposited plans
Parish of Mursley	Station Road at a point marked on the deposited plans Unnamed Road (between Mursley Road and Station Road) at a point marked on the deposited plans
	Restricted Byway MUR/18/2 at a point marked on the deposited plans
	Whaddon Road at a point marked on the deposited plans
Parish of Newton Longville	Whaddon Road at a point marked on the deposited plans Bletchley Road at a point marked on the deposited plans
District of Milton Keynes Parish of West Bletchley	Selbourne Avenue Water Eaton Road at a point marked on the deposited plans Wellington Place at a point marked on the deposited plans
Parishes of Bletchley and Fenny Drayton	Saxon Street at a point marked on the deposited plans
Parish of Walton	Davenport Lea at a point marked on the deposited plans
Parish of Woburn Sands	Newport Road at a point marked on the deposited plans Station Road at a point marked on the deposited plans Cranfield Road at a point marked on the deposited plans
County of Bedfordshire District of Central Bedfordshire Parish of Aspley Guise	Salford Road at a point marked on the deposited plans Berry Lane at a point marked on the deposited plans
Parish of Husborne Crawley	Bedford Road at a point marked on the deposited plans
Parishes of Husborne Crawley and Brogborough	Station Road at a point marked on the deposited plans
Parish of Lidlington	Station Road at a point marked on the deposited plans
	Marston Road at a point marked on the deposited plans
District of Bedford Parish of Sewartby	Manor Road at a point marked on the deposited plans
Parish of Kempston	Chantry Road at a point marked on the deposited plans
County of Buckinghamshire District of Aylesbury Vale Parish of Quainton	Station Road at a point marked on the deposited plans A41 at a point marked on the deposited plans
Parish of Waddesdon	Blackgrove Road at a point marked on the deposited plans
Parish of Fleet Marston	A41 at a point marked on the deposited plans Putlowers Drive at a point marked on the deposited plans
Parishes of Coldhardbour and Aylesbury	Griffin Lane at a point marked on the deposited plans

SCHEDULE 13 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

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 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 1961 Act has effect subject to the following modification set out in sub-paragraph (2).

• (2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 12 to the Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020 (“the 2020 Order”); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 12 to the 2020 Order) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00064] has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

• (a) for “land is acquired or taken” substitute “a right over land is purchased”; and

• (b) for “acquired or taken from him” substitute “over which the right is exercisable”.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by article 23 (application of Part 1 of the 1965 Act) to the acquisition of land under article 22 (power to acquire land), applies to the compulsory acquisition of rights under article 25(1) or (2) (power to acquire new rights)—

• (a) with the modification specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 Act to land are, in the appropriate contexts, 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

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

• (3) For section 7 (measure of compensation in the case of severance) of the 1965 Act substitute—

(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 is depreciated by the acquisition of the right, 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.

• (4) 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 is vested absolutely in the acquiring authority.

• (5) Section 11[^f00065] (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 23(1)), it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right; and sections 11A[^f00066] (powers of entry: further notices of entry), 11B[^f00067] (counter-notice requiring possession to be taken on specified date), 12[^f00068] (penalty for unauthorised entry) and 13[^f00069] (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

• (6) Section 20[^f00070] (protection for interests of tenants at will etc.) of the 1965 Act 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 in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act (as modified by article 23(7)) 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, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A to the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over the whole or part of a house, building or factory. (2) But see article 26(3) (power to acquire subsoil or airspace only) of the Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020, which excludes the acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of its decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right, (b) the proposed use of the right to be acquired, and (c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 14 — TEMPORARY USE OF LAND FOR ACCESS

(1) Area	(2) Number of land shown on the deposited plans
In the County of Oxfordshire In the District of Cherwell	0033a, 0037
	0162a, 0162b
In the County of Buckinghamshire In the District of Aylesbury Vale	0847, 0856, 0860
	0914c, 0914e, 0933
	1393a, 1394, 1395
	1494, 1498
In the County of Buckinghamshire In the District of Milton Keynes	1060, 1061, 1062
	1041, 1042

SCHEDULE 15 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

Apparatus of statutory undertakers etc. on land acquired

1

• (1) Sections 271 to 274[^f00071] (power to extinguish rights of statutory undertakers etc, and power of statutory undertakers etc. to remove or re-site apparatus) of the 1990 Act apply in relation to any land acquired or appropriated by Network Rail 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[^f00072], 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 Network Rail 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 sub-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 Network Rail 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 2003 Act; and

• “public utility undertakers” has the same meaning as in the 1980 Act[^f00073].

Apparatus of statutory undertakers etc. in stopped up streets

2

• (1) Where a street is stopped up under article 8 (closure of road level crossings), 9 (replacement and closure of footpath level crossings) or 13 (stopping up of streets) 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 article 8, 9 or 13 any statutory utility whose apparatus is under, in, upon, over, along or across the street may, and if reasonably requested to do so by Network Rail 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, Network Rail 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 Network Rail, 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 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 (street works in England and Wales) of the 1991 Act, but instead—

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

• (b) the allowable costs are to be borne by Network Rail 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 1980 Act or a public communications provider as defined in paragraph 1(6).

SCHEDULE 16 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

Application

1

For the protection of the undertakers referred to in this Part of this Schedule the following provisions have effect unless otherwise agreed in writing between Network Rail and the undertaker concerned.

2

The provisions of paragraph 1 of Schedule 15 (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 Part of this Schedule applies.

3

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

Interpretation

4

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00074], 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 that undertaker for the purposes of water supply; and 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 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;

• “plans” includes sections, drawings, specifications and method statements; 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 1986[^f00075]; 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.

Acquisition of apparatus

5

Regardless of any provision in this Order or anything shown on the deposited plans, Network Rail must not acquire any apparatus otherwise than by agreement.

Alternative apparatus

6

• (1) If, in the exercise of the powers conferred by this Order, Network Rail acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of 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, under or over any land purchased, held, appropriated or used under this Order, Network Rail 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.

• (3) Any alternative apparatus to be constructed in land of Network Rail under this Part of this Schedule is to be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and Network Rail within 21 days of the service of a notice under sub-paragraph (2), or in default of such agreement settled by arbitration in accordance with article 46 (arbitration).

• (4) In any case where alternative apparatus is to be provided or constructed under sub-paragraph (2), 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, Network Rail must, subject to sub-paragraph (5), afford to the undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of Network Rail and subsequently for the maintenance of that apparatus.

• (5) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of Network Rail, or Network Rail is unable to afford such facilities and rights as are mentioned in sub-paragraph (4), 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 Network Rail, 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.

• (6) 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 46, and after the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (4) or (5), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by Network Rail to be removed under the provisions of this Part of this Schedule.

• (7) Regardless of anything in sub-paragraph (6), if Network Rail gives notice in writing to the undertaker in question that it desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of Network Rail, that work, instead of being executed by the undertaker, must be executed by Network Rail without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the undertaker.

• (8) Nothing in sub-paragraph (7) authorises Network Rail 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 Part of this Schedule, Network Rail affords to an undertaker facilities and rights for the construction and maintenance in land of Network Rail of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between Network Rail and the undertaker in question or in default of agreement settled by arbitration in accordance with article 46 (arbitration).

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

• (a) give effect to all reasonable requirements of Network Rail 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 Network Rail 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 Network Rail 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 Network Rail to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Existing apparatus: protection and access

8

• (1) Not less than 28 days before starting the execution of any of the authorised works that are near to, or will or may affect, any apparatus the removal of which has not been required by Network Rail under paragraph 6(2), Network Rail 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 an 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 Network Rail, reasonably requires the removal of any apparatus and gives written notice to Network Rail of that requirement, paragraphs 1 to 7 apply as if the removal of the apparatus had been required by Network Rail under paragraph 6(2).

• (5) Nothing in this paragraph precludes Network Rail 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) Network Rail 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.

Expenses

9

• (1) Subject to the following provisions of this paragraph, Network Rail 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 (including costs or compensation payable in connection with the acquisition of land for that purpose) which may be required in consequence of the execution of any of the authorised works.

• (2) The value of any apparatus removed under the provisions of this Part of this Schedule (other than apparatus that is re-used as alternative apparatus) is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

• (3) If in accordance with the provisions of this Part of this Schedule—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions except where this has been solely due to using the nearest currently available type; 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 Network Rail or, in default of agreement, is not determined by arbitration in accordance with article 46 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule 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 undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus must not 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 must be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works under sub-paragraph (1) 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 undertaker 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.

• (6) Any dispute as to whether a financial benefit is conferred in accordance with sub-paragraph (5) or as to the amount of such financial benefit which cannot be agreed is to be determined in accordance with article 46 (arbitration).

Damage to apparatus: costs, losses, etc.

10

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the authorised works any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an undertaker or there is any interruption in any service provided or in the supply of any goods, by any undertaker Network Rail must—

• (a) bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and

• (b) make reasonable compensation to that undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker,

by reason or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on Network Rail with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an undertaker, its officers, servants, contractors or agents.

• (3) An undertaker must give Network Rail reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of Network Rail which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Enactments and agreements

11

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between Network Rail and an undertaker in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which this Order is made.

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

12

• (1) For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between Network Rail and the operator.

• (2) In this Part of this Schedule—

• “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code;

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act[^f00076];

• “electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and an electronic communications network which the Secretary of State is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and

• “operator” means the operator of an electronic communications code network.

13

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised works or their construction, or of any subsidence resulting from any of those works—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

• (b) there is any interruption in the supply of the service provided by an operator,

Network Rail must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and must—

• (i) make reasonable compensation to an operator for loss sustained by it; and

• (ii) indemnify an operator against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, an operator by reason, or in consequence, of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on Network Rail with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

• (3) The operator must give Network Rail reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand may be made without the consent of Network Rail which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between Network Rail and the operator under this paragraph is to be referred to and settled by arbitration under article 46 (arbitration).

14

This Part of this Schedule does not apply to—

• (a) any apparatus in respect of which the relations between Network Rail and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

• (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised works.

15

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between Network Rail and an operator in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which this Order is made.

PART 3 — FOR THE PROTECTION OF DRAINAGE AUTHORITIES AND THE ENVIRONMENT AGENCY

16

• (1) The following provisions of this Part of this Schedule apply for the protection of the drainage authority unless otherwise agreed in writing between Network Rail and the drainage authority.

• (2) In this Part of this Schedule—

• “the Agency” means the Environment Agency;

• “a category 1 specified work” means so much of any permanent or temporary work or operation authorised by this Order (which includes, for the avoidance of doubt, any dredging and any geotechnical investigations that may be undertaken) as consists of— erecting any structure (whether temporary or permanent) in, over or under a main river if the work is likely to affect any drainage work which is or includes a main river or the volumetric rate of flow of water in or flowing to or from any main river; the carrying out of any work or alteration or repair of any structure (whether temporary or permanent) in, over or under a main river if the work is likely to affect the flow of water in the main river or to affect any drainage work; or any work or operation that is in, on, under, over or within 16 metres of a drainage work which is or includes a main river or is otherwise likely to affect any such drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work.

• “a category 2 specified work” means any of the following— erecting any mill dam, weir or other like obstruction to the flow of any ordinary watercourse, or raising or otherwise altering any such obstruction; erecting a culvert in any ordinary watercourse; altering a culvert in a manner that would be likely to affect the flow of any ordinary watercourse; or altering, removing or replacing a structure or feature designated by a local drainage authority under Schedule 1 to the Flood and Water Management Act 2010[^f00077];

• “construction” includes execution, placing, altering, replacing, relaying, removal and carrying out excavations in relation to a work, and “construct” and “constructed” are construed accordingly;

• “the drainage authority” means— in relation to a category 1 specified work, the Agency; in relation to a category 2 specified work, the drainage board concerned within the meaning of section 23 of the Land Drainage Act 1991[^f00078].

• “drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

• “the fishery” means any waters containing fish and fish in, such waters and the spawn, habitat or food of such fish;

• “a main river” and “ordinary watercourse” have the meanings given by respectively the Water Resources Act 1991 and the Land Drainage Act 1991;

• “plans” includes sections, drawings, specifications and method statements;

• “specified work” means a category 1 specified work or a category 2 specified work.

17

• (1) Before beginning to construct any specified work, Network Rail must submit to the drainage authority plans of the specified work and such further particulars available to it as the drainage authority may within 28 days of the receipt of the plans reasonably require.

• (2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority, or determined under article 46 (arbitration).

• (3) Any approval of the drainage authority required under this paragraph—

• (a) must not be unreasonably withheld;

• (b) is deemed to have been given if it is neither given nor refused within 2 months of the receipt of the plans for approval or where further particulars are submitted under sub-paragraph (1) within 2 months of the submission of those particulars, and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

• (c) may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work, fishery, water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties.

• (4) The drainage authority must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

18

Without limitation on the scope of paragraph 17, the requirements which the drainage authority may make under that paragraph include conditions requiring Network Rail at its own expense to construct such protective works, whether temporary or permanent, before or during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

• (a) to safeguard any drainage work against damage; or

• (b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,

by reason of any specified work.

19

• (1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 18, must be constructed—

• (a) without unnecessary delay in accordance with the plans approved or settled under this Part of this Schedule; and

• (b) to the reasonable satisfaction of the drainage authority,

and an officer of the drainage authority is entitled to watch and inspect the construction of such works.

• (2) Network Rail must give to the drainage authority not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is completed.