The Network Rail (Suffolk Level Crossing Reduction) Order 2020

Any dispute arising between Network Rail and the drainage authority under this Schedule, if the parties agree, is to be determined by arbitration under article 34 (arbitration), but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly on a reference to them by Network Rail or the drainage authority, after notice in writing by one to the other.

Signed

Signed by authority of the Secretary of State for Transport

Natasha Kopala — Head of the Transport and Works Act Orders Unit — Department for Transport — 29th December 2020

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order confers powers on Network Rail to stop up or downgrade the level crossings specified in Schedule 1 and for the temporary use of land in connection with the construction and maintenance of public rights of way where these are provided to replace the crossings.

The Order authorises the construction of works in connection with the closure of the level crossings, the extinguishment of existing public and private rights of way and the creation of alternative rights of way.

A copy of the deposited plans and the book of reference referred to in the Order may be inspected, on request, at the offices of Network Rail Infrastructure Limited at Network Rail National Records Centre, Unit 5, Audax Road, Clifton Moor, York YO30 4US.

Footnotes

[^f00001]: S.I. 2006/1466, as amended by S.I. 2010/439, S.I. 2011/556, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2012/2590, S.I. 2013/755, S.I. 2014/469, S.I. 2015/377, S.I. 2015/627, S.I. 2015/1682, S.I. 2017/979 and S.I 2017/1070.

[^f00002]: 1992 c. 42. Section 1 was amended by paragraphs 51 and 52 of Schedule 2 to the Planning Act 2008 (c. 29). Section 5 was amended by S.I. 2012/1659.

[^f00003]: 1961 c. 33.

[^f00004]: 1965 c. 56.

[^f00005]: 1980 c. 66.

[^f00006]: 1981 c. 66.

[^f00007]: 1984 c. 27.

[^f00008]: 1990 c. 8.

[^f00009]: 1991 c. 22.

[^f00010]: 1981 c. 69.

[^f00011]: The definition of “cycle track” in section 329(1) was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00012]: 2003 c. 21. Section 32(1) was amended by S.I. 2011/1210.

[^f00013]: 1981 c. 67. The definition or “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34).

[^f00014]: Section 64 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the 1991 Act.

[^f00015]: Sections 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).

[^f00016]: Section 59 was amended by section 42 of the Traffic Management Act 2004.

[^f00017]: S.I. 2016/1154.

[^f00018]: 1991 c. 59. Section 23 was amended by paragraph 192 of Schedule 22 of the Environment Act (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Management Act 2010 (c. 29) and S.I. 2013/755.

[^f00019]: Section 66 was amended by paragraphs 25 and 38 of Schedule 2 to the Flood and Water Management Act 2010 and section 86(1) and (3) of the Water Act 2014 (c. 21).

[^f00020]: 2017 c. 20.

[^f00021]: 1981 c. 69.

[^f00022]: Section 28 was amended by S.I. 2006/1177.

[^f00023]: 1981 c. 69. Section 53(1) was amended by paragraph 1(1) and (2) of Schedule 5 to the Countryside and Rights of Way Act 2000 (c. 37).

[^f00024]: 1991 c. 56. Section 106 was amended by sections 35(1) and (8) and 43(2) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00025]: S.I. 2016/1154.

[^f00026]: 1991 c. 57.

[^f00027]: O.J. No. L 26, 28.1.2012, p. 1.

[^f00028]: O.J. No. L 206, 22.7.1992, p. 7.

[^f00029]: 1981 c. 67.

[^f00030]: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

[^f00031]: Section 11(1B) was inserted by section 186(1) and (2)(b) of the Housing and Planning Act 2016.

[^f00032]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00033]: Schedule 2A was inserted by paragraph 3 of Schedule 17 to the Housing and Planning Act 2016.

[^f00034]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

[^f00035]: Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.

[^f00036]: section 6 was amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.

[^f00037]: Section 7 was amended by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016.

[^f00038]: Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.

[^f00039]: Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

[^f00040]: Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00041]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measures 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00042]: 1981 c. 66.

[^f00043]: Section 65 was amended by section 153 of the Local Government and Housing Act 1989 (c. 42), section 168(1) of, and paragraph 48(2) of Part 2 of Schedule 8 to, the 1991 Act, section 48 of, and paragraph 29 of Schedule 4 to, the Road Traffic Act 1991 (c. 40) and section 1(6) of, and paragraphs 70 and 82 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00044]: 1978 c. 30.

[^f00045]: 1973 c. 26.

[^f00046]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00047]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00048]: Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016.

[^f00049]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraph 4 of Schedule 16 to the Housing and Planning Act 2016.

[^f00050]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00051]: Section 20 was amended by section 70 of, and paragraph 4 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

[^f00052]: 2010 c. 29.

[^f00053]: 1991 c. 59.

[^f00054]: 1991 c. 57.