The Network Rail (Leeds to Micklefield Enhancements) Order 2024

• (6) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

• (7) The powers conferred on Network Rail by this article with respect to any road have effect subject to any agreement entered into by Network Rail with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

Traffic signs

43

• (1) Network Rail may, for the purposes of, or in connection with, the construction or operation of, the authorised works, place or maintain traffic signs on any street within the Order limits or which gives access to such a street, or on any street in connection with any instrument made under article 41 (traffic regulation) or 42 (temporary traffic regulation) or any other street as reasonably required for conveying information to traffic.

• (2) Network Rail—

• (a) must consult with the traffic authority as to the placing of traffic signs; and

• (b) may subject to any directions given under section 65 (powers and duties of highway authorities as to placing of traffic signs) of the 1984 Act, enter into arrangements with the consent of the traffic authority for the traffic signs to be placed and maintained by the traffic authority, such consent not to be unreasonably withheld.

• (3) Any power conferred by section 65 of the 1984 Act to give directions to a traffic authority or local traffic authority as to traffic signs includes a power to give directions to Network Rail as to traffic signs under this article; and the powers conferred by paragraph (1) are exercisable subject to and in conformity with any directions given under that section.

• (4) A traffic authority or other authority having power under or by virtue of the 1984 Act to place and maintain, or cause to be placed and maintained, traffic signs on any street referred to in paragraph (1) must consult with Network Rail as to the placing of any traffic signs which may affect the authorised works.

• (5) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

Removal of Human Remains

44

• (1) In this article, the specified “land” means the land within the Order limits or the limits of deviation.

• (2) Before Network Rail carries out any development or works that will or may disturb any human remains in the specified land, it must remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article.

• (3) Before any such remains are removed from the specified land, Network Rail must give notice of the intended removal, describing the specified land and stating the general effect of the following provisions of this article, by—

• (a) publishing a notice once in each of 2 successive weeks in a newspaper circulating in the area of the authorised works; and

• (b) displaying a notice in a conspicuous place on or near to the specified land.

• (4) As soon as reasonably practicable after the first publication of a notice under paragraph (3), the Authority must send a copy of the notice to Leeds City Council.

• (5) At any time within 56 days after the first publication of a notice under paragraph (3), any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to Network Rail of that person’s intention to undertake the removal of the remains.

• (6) Where a person has given notice under paragraph (5), and the remains in question can be identified, that person may cause such remains to be—

• (a) removed and re-interred in any burial ground or cemetery in which burials may legally take place; or

• (b) removed to, and cremated in, any crematorium,

and that person must, as soon as reasonably practicable after such re-interment or cremation, provide to Network Rail a certificate for the purpose of enabling compliance with paragraph (11).

• (7) If Network Rail is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question must be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who must remove the remains and as to the payment of the costs of the application.

• (8) Network Rail must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under this article.

• (9) If—

• (a) within the period of 56 days referred to in paragraph (5) no notice under that paragraph is given to Network Rail in respect of any remains in the specified land;

• (b) notice under paragraph (5) is given and no application is made under paragraph (7) within 56 days after the giving of the notice, but the person who gave the notice fails to remove the remains within a further period of 56 days;

• (c) within 56 days after any order is made by the county court under paragraph (7) any person, other than Network Rail, specified in the order fails to remove the remains; or

• (d) it is determined that the remains to which a notice under paragraph (5) relates cannot be identified,

subject to paragraph (10), Network Rail must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as Network Rail thinks suitable for the purpose; and, so far as possible, remains from individual graves must be re- interred in individual containers which must be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

• (10) If Network Rail is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, Network Rail must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.

• (11) On the re-interment or cremation of any remains under this article—

• (a) a certificate of re-interment or cremation must be sent by Network Rail to the Registrar- General giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and

• (b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) must be sent by Network Rail to Leeds City Council.

• (12) The removal of the remains of any deceased person under this article must be carried out in accordance with any directions that may be given by the Secretary of State.

• (13) Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court.

Use of private roads for construction and operation

45

• (1) Network Rail may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction of the authorised works.

• (2) Network Rail must compensate the person liable for the repair of a road to which paragraph applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred under paragraph (1).

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

Disclosure of confidential information

46

A person who—

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

• (b) discloses to any person any information obtained as a result of that entry and relating to any manufacturing process or trade secret,

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

Statutory undertakers etc.

47

Schedule 14 (provisions relating to statutory undertakers etc.) has effect.

Protection of interests

48

Schedule 15 (protective provisions) has effect.

Certification of plans etc.

49

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

Service of notices

50

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

• (a) by post; or

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

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

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00064] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

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

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

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

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

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

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

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

No double recovery

51

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

Arbitration

52

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

SCHEDULE 1 — SCHEDULED WORKS

In the County of West Yorkshire, City of Leeds—

WorkNo. 1– Realignment of Austhorpe Lane Bridge commencing south of the junction between Austhorpe Road and Manston Lane 140 metres and terminating at point 150 metres south includes the demolition of the existing Austhorpe Lane HUL4 Overbridge 21 carrying Austhorpe Lane over the existing railway (Leeds to Micklefield) and demolition of pedestrian bridge 21A.

Work No. 2– A diversion of a high pressure gas main commencing beneath a point 140 metres south of the junction between Austhorpe Road and Manston Lane and terminating beneath a point 250 metres south east of its commencement.

Work No. 3– Reconstruction of Crashaw Wood Bridge HUL4/20 carrying Definitive Footpath LEEDS 124 over the existing railway (Leeds to Micklefield line) commencing at a point 170 metres south of the junction of Nanny Goat Lane (Definitive Bridleway LEEDS 123) and terminating at a point 100 metres south of its commencement.

Work No. 4– New Barrowby Lane Bridge carrying Definitive Bridleway Barwick 10 and Definitive Footpath Garforth 5 over the existing railway (Leeds to Micklefield Railway) commencing at a point 800 metres west of Barwick Road and terminating at a point 220 metres south from its commencement. Barrowby Lane Level Crossing and Barrowby Foot Level Crossing (P18-P19) will be extinguished and replaced with New Barrowby Lane Bridge.

Work No. 5– Reconstruction Ridge Road Bridge HUL4/14 carrying the A656 over the existing railway (Leeds to Micklefield line) commencing at point 375 metres to the South of Church Lane, Micklefield and terminating at a point 76 metres to the south of its commencement.

Work No. 6– A diversion of a high pressure gas main commencing beneath a point 50 metres West of Ridge Road (A656) and terminating beneath a point 206 metres south of is commencement.

SCHEDULE 2 — ACQUISITION OF CERTAIN LANDS FOR ANCILLARY WORKS

(1) Area	(2) Number of land shown on the deposited plans	(3) Purpose for which land may be acquired
County of West Yorkshire, City of Leeds	2-001, 2-002, 2-003 and 2-004	Provision of railway infrastructure
County of West Yorkshire, City of Leeds	4-001, 4-003 and 4-004	Provision of permanent access for rail related purposes
County of West Yorkshire, City of Leeds	11-013	Demolition of Brady Farm bridge and extinguishment ofrights
County of West Yorkshire, City of Leeds	12-014	Track Sectioning Cabin and ancillary infrastructure and works
County of West Yorkshire, City of Leeds	12-001, 12-002, 12-003, 12-004, 12-005, 12-006, 12-008	Improvements to Lower Peckfield Lane and to facilitate closure of Peckfield Level Crossing

SCHEDULE 3 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Streets subject to street works
County of West Yorkshire, City of Leeds	Wykebeck Avenue
County of West Yorkshire, City of Leeds	Austhorpe Road
County of West Yorkshire, City of Leeds	Austhorpe Lane
County of West Yorkshire, City of Leeds	A6120 William Parkin Way
County of West Yorkshire, City of Leeds	Barrowby Lane
County of West Yorkshire, City of Leeds	Bridleway Leeds 125
County of West Yorkshire, City of Leeds	Nanny Goat Lane
County of West Yorkshire, City of Leeds	Barrowby Lane
County of West Yorkshire, City of Leeds	Ridge Road, Micklefield
County of West Yorkshire, City of Leeds	Church Lane, Micklefield
County of West Yorkshire, City of Leeds	Phoenix Avenue
County of West Yorkshire, City of Leeds	Pit Lane

SCHEDULE 4 — 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 West Yorkshire, City of Leeds	Austhorpe Lane and Austhorpe Road	Between P1 to P2	P1 Work. 1 and P2 (sheet 4)
County of West Yorkshire, City of Leeds	Definitive Footpath, Leeds 124	Between P1 to P2 (sheet 5)	Footpath between P1 Work No. 3 and P2 (sheet 5)
County of West Yorkshire, City of Leeds	Definitive Bridleway Barwick 10 and Definitive Bridleway Austhorpe 9	Between P1, P2, P3, P4 and P5 (sheet 6)	Bridleway P6, P7, P8, P9, P10, Work No. 4, P11, P12, P13, P14, P15, P16 and P17 (sheet 6)
County of West Yorkshire, City of Leeds	Definitive Footpath Garforth 6	Between P18, P19 and P20 (sheet 7)	Footpath between P6, P7, P8, P9, P10, Work No. 4, P11, P12, P13, P14, P15, P16 and P17 (sheet 6)
County of West Yorkshire, City of Leeds	Ridge Road, Micklefield	Between P1 to P2 (sheet 9)	P1, Work No. 5 and P2 (sheet 9)
County of West Yorkshire, City of Leeds	Definitive Bridleway Micklefield 8	Between P1, P2 and P3 (sheet 12)	Footpath between P1, P4, P5 and P6 (sheet 12)
County of West Yorkshire, City of Leeds	Definitive Footpath Micklefield 7	Between P1, P2, P3, P4 and P5	P5, P6, P7, P8 and P9

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 West Yorkshire, City of Leeds	Definitive footpath Garforth 7	Between P21, P22 and P23 (sheet 7)

SCHEDULE 5 — STREETS SUBJECT TO ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Description of alteration
County of West Yorkshire, City of Leeds	William Parkin Way	Temporary kerb alignment, temporary removal of signs and temporary widening of access between points T5 and T6 (sheet 5)
County of West Yorkshire, City of Leeds	Manston Lane	Hedgerow removal, carriageway surfacing to temporarily widen access between points T3 and T4 (sheet 5)
County of West Yorkshire, City of Leeds	Barwick Road and Barrowby Lane	Temporary kerb realignment and temporary removal of sign to temporarily widen access between points T1 and T2 (sheet 7)
County of West Yorkshire, City of Leeds	Ridge Road	Temporary kerb realignment and temporary works to highway verge to create/widen access between points T6 and T7 (sheet 9)
County of West Yorkshire, City of Leeds	Church Lane, Micklefield	Temporary kerb realignment and temporary works to highway verge to widen access between points T4 and T5 (sheet 9)
County of West Yorkshire, City of Leeds	Barwick Road and Junction of Nanny Goat Lane	Temporary access works to create/widen access between points T3 to T4 (sheet 7)
County of West Yorkshire, City of Leeds	Ridge Road	Temporary kerb realignment and temporary works to highway verge to widen existing access between points T3 and T4 (sheet 10)
County of West Yorkshire, City of Leeds	Phoenix Avenue	Temporary kerb realignment and drop kerbs to create temporary access between points T1 and T2 (sheet 11)

SCHEDULE 6 — STREETS TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of stopping up
County of West Yorkshire, City of Leeds	Kirkgate	Between points T1 to T2 (sheet 1)
County of West Yorkshire, City of Leeds	Non-definitive footpath	Between points T14, T15 to T16 (sheet 1)
County of West Yorkshire, City of Leeds	Definitive footpath Leeds City Council 100 and Non-definitive footpath	Between points T17 to T18 (sheet 1)
County of West Yorkshire, City of Leeds	Wharfe Street	Between points T3 to T4 (sheet 1)
County of West Yorkshire, City of Leeds	High Court/Kirkgate/Duke Street/Crown Point Road	Between points T5 to T6 (sheet 1)
County of West Yorkshire, City of Leeds	East Street/A61/Crown Point Road/Duke Street	Between points T7 to T8 (sheet 1)
County of West Yorkshire, City of Leeds	Marsh Lane to Saxton Lane	Between points T9 to T10 (sheet 1)
County of West Yorkshire, City of Leeds	Marsh Lane to Crown Point Road (including A61)	Between Points T11 to T12 (sheet 1)
County of West Yorkshire, City of Leeds	Marsh Lane/Crown Point Road/Brussels Street	Point T12 to T13 (sheet 1)
County of West Yorkshire, City of Leeds	Permissive footpath known as Pontefract Lane between Pontefract Lane and Halton Moor Road, away from carriageway, unsegregated Cycleways only 95a	Between points T2 to T4 (sheet 2)
County of West Yorkshire, City of Leeds	Non Definitive Bridleway	Between points T1 to T3 (sheet 2)
County of West Yorkshire, City of Leeds	Osmondthorpe Lane	Between points T1 to T2 (sheet 3)
County of West Yorkshire, City of Leeds	Neville Garth to Osmondthorpe Lane	Between points T3 to T4 to T5 (sheet 3)
County of West Yorkshire, City of Leeds	Wykebeck Avenue	Between points T6 to T7 (sheet 3)
County of West Yorkshire, City of Leeds	Non-definitive footpath	Between points T8 to T9 (sheet 3)
County of West Yorkshire, City of Leeds	Austhorpe Road	Within Order limits (sheet 4)
County of West Yorkshire, City of Leeds	Austhorpe Lane	Within Order limits (sheet 4)
County of West Yorkshire, City of Leeds	Railway Road	Within Order limits (sheet 4)
County of West Yorkshire, City of Leeds	Definitive Footpath Leeds 124	Between points T1 to T2 (sheet 5)
County of West Yorkshire, City of Leeds	New Bridleway Leeds 271	Between points T7 and T8 (sheet 5)
County of West Yorkshire, City of Leeds	New Bridleway Leeds 125	Within Order limits (sheet 6)
County of West Yorkshire, City of Leeds	Nanny Goat Lane	Within Order limits (sheet 5 and 6)
County of West Yorkshire, City of Leeds	Definitive Footpath Sturton Grange 4	Between points T1 to T2 (sheet 8 and 9)
County of West Yorkshire, City of Leeds	Definitive Footpath Sturton Grange 4 and Definitive Footpath Sturton Grange 3	Between points T2 to T3 to T8 (sheet 9)
County of West Yorkshire, City of Leeds	Ridge Road	Within Order limits (sheet 9)
County of West Yorkshire, City of Leeds	Definitive Footpath Micklefield 3	Between points T9 and T10 (sheet 9)
County of West Yorkshire, City of Leeds	Phoenix Avenue	Within Order limits (sheet 11 and 12)
County of West Yorkshire, City of Leeds	Definitive Footpath Sturton Grange 5	Between Points T1 to T2 (sheet 10)
County of West Yorkshire, City of Leeds	Lower Peckfield Lane	Within Order limits (sheet 12)
County of West Yorkshire, City of Leeds	Definitive Bridleway Micklefield 8	Within Order limits (sheet 12)
County of West Yorkshire, City of Leeds	Definitive Footpath Micklefield 7	Between points T1 to T2 (sheet 13)

SCHEDULE 7 — ACCESS TO WORKS

(1) Area	(2) Description of access
County of West Yorkshire, City of Leeds	Wykebeck Avenue
County of West Yorkshire, City of Leeds	Austhorpe Road
County of West Yorkshire, City of Leeds	Newmarket Approach
County of West Yorkshire, City of Leeds	Austhorpe Lane
County of West Yorkshire, City of Leeds	Pit Lane
County of West Yorkshire, City of Leeds	Phoenix Avenue

SCHEDULE 8 — REPLACEMENT AND CLOSURE OF LEVEL CROSSINGS

(1) Area	(2) Footpath level crossing to be discontinued	(3) Right of way to be stopped up	(4) New right of way or street to be substituted
County of West Yorkshire, City of Leeds	Barrowby Lane Level Crossing	Definitive Bridleway Barwick 10 between P1 and P2 and Bridleway Austhorpe 9 between P3 and P4	Bridleway between P6, P7, P8, P9, P10 Work No.4 P11, P12, P13, P14, P15, P16, P17
County of West Yorkshire, City of Leeds	Barrowby Lane Foot Level Crossing	Definitive Footpath Garforth 6 between P18, P19 and P20	Footpath between P6, P7, P8, P9, P10, Work No. 4, P11, P12, P13, P14, P15, P16 and P17
County of West Yorkshire, City of Leeds	Peckfield Level Crossing	Definitive Footpath Micklefield 8 between P1, P2 and P3	Footpath between P1, P4, P5 and P6 (sheet 12)
County of West Yorkshire, City of Leeds	Highroyds Wood Level Crossing	Definitive Footpath Micklefield 7 between P1, P2, P3, P4 and P5	P5, P6, P7, P8 and P9 (sheet 13) (the diversion between points P5 and P6 is indicative with the final alignment subject to survey)

SCHEDULE 9 — ACCOMMODATION CROSSINGS

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

(1) Area	(2) Accommodation facility to be discontinued	(3) Private right of way to be extinguished	(4) Accommodation facility to be substituted
County of West Yorkshire, City of Leeds	Garforth Moor Level Crossing	Within the limits of deviation of 10-005	New right of access over 10-001, 10-002, 10-003 and 10-004 which for the avoidance of doubt includes the right to upgrade the existing access track and maintain it and right to park vehicles (limited to plot 10-003 only).

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 West Yorkshire, City of Leeds	Brady Farm Bridge	Within the limits of deviation 11-013

SCHEDULE 10 — ACQUISITION OF NEW RIGHTS ONLY

(1) Area	(2) Number of land shown on the deposited plan	(3) Purpose for which rights may be acquired
County of West Yorkshire, City of Leeds	10-001, 10-002, 10-003 and 10-004	Right of access on foot and for vehicles for the benefit of third parties including users of Garforth Bank Row Allotments which for the avoidance of doubt includes the right to upgrade the existing access track and maintain it and right to park vehicles (limited to plot 10-003 only)
County of West Yorkshire, City of Leeds	12-014A	Right of access on foot and for vehicles including with machinery to access and maintain the authorised works
County of West Yorkshire, City of Leeds	7-016 and 7-017A	Right to install a gas pipe in the subsoil including related apparatus at surface level and right of access on foot and for vehicles including with machinery to maintain such gas pipe and apparatus and such right shall be for the benefit of Northern Gas Networks Limited (including its successor).

SCHEDULE 11 — 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 enter 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 11 to the Network Rail (Leeds to Micklefield Enhancements) Order 2024 (“the 2024 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 11 to the 2024 Order) to acquire an interest in the land; and (c) the acquiring authority enter 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 or enforcing that covenant.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00065] 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 the words “land is acquired or taken from” substitute “a right over land is purchased”; and

• (b) for the words “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 a right by the creation of a new right under article 25(1), 25(2) or 25(3) (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[^f00066] (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 or restriction, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 22, 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[^f00067] (powers of entry: further notices of entry), 11B[^f00068] (counter-notice requiring possession to be taken on specified date), 12[^f00069] (penalty for unauthorised entry) and 13[^f00070] refusal to give possession to acquiring authority of the 1965 Act are modified correspondingly.

• (6) Section 20(c) (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 articles 26(4) (power to acquire subsoil or airspace only of the Network Rail (Leeds to Micklefield Enhancements) Order 2024, which excludes acquisition of 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 use to be made of the right proposed 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 12 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

PART 1 — LAND RELATING TO THE SCHEDULED WORKS

(1) Area	(2) Number of land shown on the deposited plans	(3) Purpose for which temporary possession may be taken	(4) Authorised works
County of West Yorkshire, City of Leeds	7-003A	Access for construction, temporary possession and temporary stopping up	Work No. 2
County of West Yorkshire, City of Leeds	7-006A, 7-014 and 7-017	Working site and access for construction	Works Nos. 1 and 2
County of West Yorkshire, City of Leeds	8-001, 8-002, 8-003, 8-003A, 8-004A, 8-005, 8-006, 8-007A, 8-009A and 8-010A	Working site and access for construction	Work No. 3
County of West Yorkshire, City of Leeds	9-001A, 9-005A, 9- 005B, 9-005C, 9- 005D, 9-005E, 9-007, 9-008, 9-008A, 9-009, 9-009B, 9-009C, 9-010, 9-013, 9-013A, 9-013B, 9-013C, 9-013D, 9-013E, 9-013F and 9-013G	Working site and access for construction	Work No.4
County of West Yorkshire, City of Leeds	11-001, 11-002, 11-003, 11-003A and 11-004	Working site and access for construction	Work No. 5
County of West Yorkshire, City of Leeds	11-005A and 11-012A	Working site and access for construction	Work Nos. 5 and 6
County of West Yorkshire, City of Leeds	11-017	Work site and access for construction	Work No. 6

PART 2 — RELATING TO AUTHORISED WORKS (EXCLUDING SCHEDULED WORKS)

(1) Area	(2) Number of land shown on the deposited plans	(3) Purpose for which temporary may be taken
County of West Yorkshire, City of Leeds	1-005, 1-006, 1-007, 1-008, 1-009, 1-010, 1-011, 1-012, 1-013, 1-014, 1-015, 0-015A, 1-016, 1-017, 1-018, 1-018A, 1-019, 1-020, 1-021, 1-024, 1-025, 1-025A, 1-025B, 1-026, 1-027, 1-028, 1-029, 1-029A, 1-030, 1-031, 1-032, 1-033, 1-034, 1-035, 1-036, 1-036A and 1-037	Work site and access for construction
County of West Yorkshire, City of Leeds	1-022, 1-023, 1-038, 1-039, 1-040	Temporary possession and temporary stopping up
County of West Yorkshire, City of Leeds	3-001, 3-007, 3-008, 3-009 and 3-011	Work site and access for construction
County of West Yorkshire, City of Leeds	3-002, 3-003, 3-004, 3-005, 3-005A, 3-006, 3-010, 3-012, 3-013, 3-014, 3-015 and 3-016	Temporary possession and temporary stopping up
County of West Yorkshire, City of Leeds	4-002 and 4-005	Temporary possession and temporary stopping up
County of West Yorkshire, City of Leeds	5-001, 5-001A, 5-002, 5-003, 5-004, 5-005, 5-006, 5-007, 5-008 and 5-009	Work site and access for construction
County of West Yorkshire, City of Leeds	6-001, 6-002, 6-003 and 6-004	Work site and access for construction
County of West Yorkshire, City of Leeds	9-013G	Temporary possession and access for construction and for installation of gates
County of West Yorkshire, City of Leeds	11-012A, 11-012B, 11-012C, 11-014, 11-015 and 11-016,	Work site and access for construction
County of West Yorkshire, City of Leeds	12-007, 12-010, 12-011, 12-013 and 12-014B	Work site and access for construction
County of West Yorkshire, City of Leeds	13-004, 13-005, 13-006, 13-007, 13-008, 13-010, 13-011	Work site and access for construction

SCHEDULE 13 — TEMPORARY USE OF LAND FOR ACCESS

(1) Area	(2) Number of land shown on the deposited plans
County of West Yorkshire, City of Leeds	1-001, 1-002, 1-003, 1-004, 13-001, 13-002, 13-003, 13-012 and 13-013

SCHEDULE 14 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

Apparatus of statutory undertakers etc. on land acquired

1

• (1) Sections 271 to 274[^f00071] (extinguishment of rights of statutory undertakers etc.) 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 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 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 paragraph, do not have effect in relation to apparatus as respects which sub-paragraph (2) or Part 3 of the 1991 Act applies.

• (6) Nothing in this paragraph 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 the Order is made.

• (7) In this paragraph—

• “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003[^f00073]; and

• “public utility undertaker” has the same meaning as in the 1980 Act[^f00074].

Apparatus of statutory undertakers etc. in stopped up streets

2

• (1) Where a street is stopped up under article 10 (stopping up of streets), or article 17 (replacement and closure of level crossings) 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 articles 10,12,20 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 statutory 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 statutory 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 pursuant to article 52 (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 statutory 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) Nothing in this paragraph affects the provisions of any enactment or agreement regulating the relations between Network Rail and a statutory utility in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which the Order is made.

• (9) 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(7).

Railway and navigation undertakings

3

• (1) Subject to the following provisions of this paragraph, the powers under article 9 (power to execute street works) to break up or open a street are not exercisable where the street, not being a highway maintainable at public expense (within the meaning of the 1980 Act) is under the control or management of, or is maintainable by, railway undertakers or a navigation authority except with the consent of the undertakers or authority.

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

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

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

• (5) Nothing in this paragraph affects the provision of any enactment or agreement regulating the relations between Network Rail and a railway undertaker or a navigation authority in respect of any street to which sub-paragraph (1) applies which have effect on the date on which this Order is made.

SCHEDULE 15 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF SPECIFIED UNDERTAKERS

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 undertakers concerned.

2

The provisions of paragraph 1 of Schedule 14 (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.

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 not less efficient than previously;

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00075]) 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 any mains, pipes or other apparatus belonging to, or maintained by, the 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)[^f00076] (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104[^f00077] (agreements to adopt sewer, drain or sewage disposal works, at a future date) 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; 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[^f00078]; 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.

5

Without affecting any provision in this Order or anything shown on the deposited plans Network Rail must not acquire any apparatus other than by agreement.

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 or under 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 must 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 agreement settled by arbitration in accordance with article 52 (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 for the subsequent 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 52 (arbitration), 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) Without affecting 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 to which this sub-paragraph applies, 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) Sub-paragraph (7) applies to any part of any work necessary in connection with construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land of Network Rail.

• (9) 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 52 (arbitration).

• (2) In settling those terms and conditions in respect of the 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.

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

• (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.

9

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

10

• (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 which may be required in consequence of the execution of any such works as are referred to in paragraph 6(2).

• (2) The value of any apparatus removed under the provisions of this Part of this Schedule 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; 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 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 52 (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 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 by virtue of 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 52 (arbitration).

11

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 6(2), 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.

12

Nothing in this Part of this Schedule affects the provision 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

13

• (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—

• “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[^f00079];

• “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;

• “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; and

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

14

• (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,

15

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.

16

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 LEAD LOCAL FLOOD AUTHORITIES

17

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

• (2) In this Part of this Schedule—

• “construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are to be construed accordingly;

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

• “lead local flood authority” means in relation to an ordinary watercourse the lead local flood authority concerned within the meaning of section 23 of the Land Drainage Act 1991[^f00080];

• “ordinary watercourse” has the meaning given by the Land Drainage Act 1991; “plans” includes sections, drawings, specifications and method statements; and

• “specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to affect any drainage work.

18

• (1) Before beginning to construct any specified work, Network Rail must submit to the lead local flood authority plans of the specified work and such further particulars available to it as the lead local flood authority may within 28 days of the submission 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 lead local flood authority, or determined under paragraph 25.

• (3) Any approval of the lead local flood authority required under this paragraph—

• (a) must not be unreasonably withheld or delayed;

• (b) is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval 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 lead local flood authority may make for the protection of any drainage work.

• (4) The lead local flood 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).

19

Without limitation on the scope of paragraph 18, the requirements which the lead local flood authority may make under that paragraph include conditions requiring Network Rail at its own expense to construct such protective works, whether temporary or permanent, 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.

20

• (1) Subject to sub-paragraph (2), any specified work, and all protective works required by the lead local flood authority under paragraph 19, must be constructed—

• (a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and

• (b) to the reasonable satisfaction of the lead local flood authority,

and an officer of the lead local flood authority is entitled to watch and inspect the construction of such works.

• (2) Network Rail must give to the lead local flood 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 brought into use.

• (3) If any part of a specified work or any protective work required by the lead local flood authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the lead local flood authority may by notice in writing require Network Rail at Network Rail’s own expense to comply with the requirements of this Part of this Schedule.

• (4) Subject to sub-paragraph (5), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) is served upon Network Rail, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the lead local flood authority may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from Network Rail.

• (5) In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the lead local flood authority must not except in emergency exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined.

21

• (1) Subject to sub-paragraph (3) Network Rail must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation or on land held by Network Rail for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

• (2) If any such drainage work which Network Rail is liable to maintain is not maintained to the reasonable satisfaction of the lead local flood authority, the lead local flood authority may by notice in writing require Network Rail to repair and restore the work, or any part of such work, or (if Network Rail so elects and the lead local flood authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the work and restore the site to its former condition, to such extent and within such limits as the lead local flood authority reasonably requires.

• (3) This paragraph does not apply to—

• (a) drainage works which are vested in the lead local flood authority, or which the lead local flood authority or another person is liable to maintain and is not precluded by the powers of the Order from doing so; or

• (b) any obstruction of a drainage work for the purposes of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule.

22

If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by Network Rail to the reasonable satisfaction of the lead local flood authority and if Network Rail fails to do so, the lead local flood authority may make good the impairment or damage and recover from Network Rail the expense reasonably incurred by it in so doing.

23

• (1) Network Rail must pay all costs, charges and expenses which the lead local flood authority may reasonably incur or have to pay—

• (a) in the examination or approval of plans under this Part of this Schedule; and

• (b) in the inspection of the construction of the specified works or any protective works required by the lead local flood authority under this Part of this Schedule.

24

The fact that any work or thing has been executed or done by Network Rail in accordance with a plan approved or deemed to be approved by the lead local flood authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve Network Rail from any liability under the provisions of this Part of this Schedule.

25

Any dispute arising between Network Rail and the lead local flood authority under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 52 (arbitration).

PART 4 — FOR THE PROTECTION OF NORTHERN POWERGRID

26

For the protection of Northern Powergrid the following provisions have effect, unless otherwise agreed in writing between Network Rail and Northern Powergrid.

27

In this part of this Schedule—

• “the 1991 Act” means the New Roads and Street Works Act 1991;

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

• “apparatus” means electric lines or electrical plant (as defined in the Electricity Act 1989), belonging to or maintained by Northern Powergrid and includes any structure in which apparatus is or is to be lodged or which will give or gives access to apparatus;

• “functions” includes powers and duties;

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

• “Northern Powergrid” means Northern Powergrid (Yorkshire) Plc (Company No. 04112320) whose registered office is at Lloyds Court, 78 Grey Street, Newcastle-Upon-Tyne, NE1 6AF (“Northern Powergrid”).

28

This Part of this Schedule does not apply to apparatus in respect of which the relations between Network Rail and Northern Powergrid are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus in stopped up highways

29

• (1) Where a street is stopped up under article 10 (stopping up of streets) or article 17 (replacement and closure of level crossings) if Northern Powergrid has any apparatus in that street or accessed via that street Northern Powergrid is entitled to the same rights in respect of that apparatus as it enjoyed immediately before the stopping up, subject to the provisions of this paragraph, as if this Order had not been made.

• (2) Regardless of the temporary stopping up streets under the powers conferred by article 12 (temporary stopping up of streets), Northern Powergrid is entitled at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that street.

Acquisition of land

30

• (1) Regardless of any provision in this Order or anything shown on the land plans, Network Rail must not acquire any apparatus or land owned by Northern Powergrid or override any easement used by Northern Powergrid otherwise than by agreement with Northern Powergrid, such agreement not to be unreasonably withheld or delayed.

• (2) Network Rail must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any Northern Powergrid property or apparatus, unless preventing such access is with the consent of Northern Powergrid.

• (3) Network Rail must not under the powers of this Order acquire or use or acquire new rights over any Northern Powergrid property, or extinguish any existing rights of Northern Powergrid in respect of any third party property, except with the consent of Northern Powergrid.

• (4) Where Northern Powergrid is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld or delayed but may be given subject to reasonable conditions.

Removal of apparatus

31

• (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 or over which access to any apparatus is enjoyed or requires that Northern Powergrid’s apparatus is relocated or diverted, that apparatus must not be removed under this Part, and any right of Northern Powergrid to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of Northern Powergrid in accordance with sub-paragraphs (2) to (7).

• (2) If, for the purpose of constructing any works in, on or under any land purchased, held, appropriated or used under this Order, Network Rail requires the removal of any apparatus placed in that land, Network Rail must give to Northern Powergrid 56 days advance written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Northern Powergrid reasonably needs to remove any of its apparatus) Network Rail must, subject to sub-paragraph (3), afford to Northern Powergrid 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.

• (3) 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 (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed—

• (a) Network Rail must in the first instance use all reasonable endeavours to acquire all necessary land interests or rights as Northern Powergrid may reasonably require for the relocation and construction of alternative apparatus and must use reasonable endeavours to procure all necessary rights to access and maintain Northern Powergrid’s apparatus and alternative apparatus thereafter the terms of such access and maintenance to be agreed by Northern Powergrid (acting reasonably); and

• (b) in the event Network Rail is not able to procure the necessary land interests or rights referred to in sub-paragraph 3(a) Northern Powergrid must, on receipt of a written notice to that effect from Network Rail, as soon as reasonably possible use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation shall not extend to the requirement for Northern Powergrid to use its compulsory purchase powers to this end unless it elects to do so.

• (4) Any alternative apparatus to be constructed in land of Network Rail under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Northern Powergrid and Network Rail or in default of agreement settled by arbitration in accordance with article 52 (arbitration).

• (5) Northern Powergrid must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 52 (arbitration), and after the grant to Northern Powergrid of any such facilities and rights as are referred to in subparagraph (2) or (3), 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.

• (6) Regardless of anything in sub-paragraph (5), if Network Rail gives notice in writing to Northern Powergrid 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 controlled by Network Rail, that work, instead of being executed by Northern Powergrid, may be executed Network Rail or a contractor of Network Rail approved by Northern Powergrid but only with the prior written consent of Northern Powergrid (which must not be unreasonably withheld or delayed and subject to any such conditions as are reasonable and proper to protect the apparatus and ensure compliance with Northern Powergrid’s licence conditions) in accordance with plans and in a position agreed between Northern Powergrid and Network Rail or, in default of agreement, determined by arbitration in accordance with article 52 (arbitration), without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of Northern Powergrid.

• (7) Nothing in sub-paragraph (6) 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 3000 millimetres of the apparatus unless otherwise agreed with Northern Powergrid.

Facilities and rights for alternative apparatus

32

• (1) Where, in accordance with the provisions of this Part of this Schedule, Network Rail affords to Northern Powergrid 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 must be granted upon such terms and conditions as may be agreed between Network Rail and Northern Powergrid or in default of agreement settled by arbitration in accordance with article 52 (arbitration).