The Network Rail (Leeds to Micklefield Enhancements) Order 2024

• (2) 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 Northern Powergrid 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 Northern Powergrid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

33

• (1) Not less than 42 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by Network Rail under paragraph 31 (2), Network Rail must submit to Northern Powergrid a plan, section and description of the works to be executed.

• (2) Those works must 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 Northern Powergrid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and Northern Powergrid is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by Northern Powergrid under sub-paragraph (2) must be made within a period of 42 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

• (4) If Northern Powergrid 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 31 to 32 apply as if the removal of the apparatus had been required by Network Rail under paragraph 31(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 35 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 Northern Powergrid 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 and costs

34

• (1) Subject to the following provisions of this paragraph, Network Rail must pay to Northern Powergrid an amount equal to the cost reasonably incurred by Northern Powergrid—

• (a) 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); and

• (b) in assessing and preparing a design for its apparatus to address and accommodate the proposals of Network Rail whether or not Network Rail proceeds to implement those proposals or alternative or none at all,

provided that if it so prefers Northern Powergrid may abandon apparatus that Network Rail does not seek to remove in accordance with paragraph 31(2) having first decommissioned such apparatus.

• (2) There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal and, if the apparatus removed under the provisions of this Part of this Schedule has no value, no sum is to be deducted from the amount payable under sub-paragraph (1).

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

• (a) apparatus of better type, of greater capacity or of greater dimension is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimension; 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 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 Northern Powergrid by virtue of sub-paragraph (1) is to be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type, capacity, or dimensions of apparatus, or to place the apparatus at the existing depth, in which case full costs shall be borne by Network Rail.

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

• (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.

Indemnity

35

• (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 this Order, or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of Network Rail or in consequence of any act or default of Network Rail (or any person employed or authorised by it) in the course of carrying out such works, including without limitation works carried out by Network Rail under this Schedule any damage is caused to any apparatus or alternative 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 Northern Powergrid, or there is any interruption in any service provided by Northern Powergrid, or as a consequence Northern Powergrid becomes liable to pay any amount to a third party Network Rail must—

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

• (b) indemnify Northern Powergrid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from Northern Powergrid, by reason or in consequence of any such damage or interruption or Northern Powergrid becoming liable to any third party.

• (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 Northern Powergrid, its officers, servants, contractors or agents, and nor does sub-paragraph (1) impose any liability on Network Rail in respect of consequential losses.

• (3) Northern Powergrid 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.

• (4) Northern Powergrid must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands and penalties to which the indemnity under sub- paragraph (1) applies. If requested to do so by Network Rail, Northern Powergrid must provide an explanation of how the claim has been minimised. Network Rail is only liable under sub- paragraph (1) for claim reasonably incurred by Northern Powergrid.

Co-operation

36

Where in consequence of the proposed construction of any of the authorised development, Network Rail or Northern Powergrid requires the removal of apparatus or Northern Powergrid makes requirements for the protection or alteration of apparatus, Network Rail shall use its reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the need to ensure the safe and efficient operation of Northern Powergrid’s undertaking taking into account the Network Rail’s desire for the efficient and economic execution of the authorised development and Network Rail and Northern Powergrid shall use reasonable endeavours to co- operate with each other for those purposes.

Access

37

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

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 — 27th November 2024

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Network Rail Infrastructure Limited to construct works on part of the upgrade to the Transpennine Leeds to Micklefield route. The Order authorises the acquisition of land and rights in land, extinguishment of rights and the use of land, for the purposes of the works and confers powers in connection with the construction and operation of the railway.

Copies of the deposited plans, the deposited sections 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 was 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. 2015/627, S.I. 2015/1682, S.I. 2017/979 and S.I. 2017/1070, S.I. 2019/311 and S.I. 2023/424.

[^f00002]: 1992 c. 42. Section 1 was amended by paragraph 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. 67.

[^f00007]: 1984 c. 27.

[^f00008]: 1990 c. 8.

[^f00009]: 1991 c. 22.

[^f00010]: 2003 c. 21.

[^f00011]: S.I. 2016/1154.

[^f00012]: The definition of “cycle track” has been amended by section 1(1) and (2) 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).

[^f00013]: Section 32(1) was amended by S.I. 2011/1210.

[^f00014]: The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.

[^f00015]: 1845 c. 20.

[^f00016]: Section 58 was amended by section 46 of, and Part 3 of Schedule 7 to, the Justices of the Peace Act 1949 (c. 101).

[^f00017]: Section 75 was amended by section 49 of the Transport and Works Act 1992 (c. 42).

[^f00018]: Section 78 – 85E were substituted by section 15 of the Mines (Working Facilities and Support) Act 1923 (c. 20). Section 84, as substituted, was amended by Part 3 of Schedule 7 to the Justices of the Peace Act 1949 (c. 101) and section 46 of the Criminal Justice Act 1982 (c. 48). Section 85C was amended by section 17(2)(a) of the Interpretation Act 1978 (c. 30).

[^f00019]: Section 103 was amended by the Statute Law Revisions Act 1892 (c. 19), Part 3 of Schedule 7 to the Justices of the Peace Act 1949 and section 46 of the Criminal Justice Act 1982 (c. 48).

[^f00020]: Section 145 was amended by the Statute Law Revision Act 1892 and Part 2 of Schedule 12 to the Transport Act 1962 (c. 46).

[^f00021]: 1863 c. 92.

[^f00022]: 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 New Roads and Street Works Act 1991 (c. 22).

[^f00023]: Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004 (c. 18).

[^f00024]: Section 54 was also amended by section 49(1) of the Traffic Management Act 2004.

[^f00025]: Section 55 was also amended by section 49(2) and 51(9) of the Traffic Management Act 2004.

[^f00026]: Section 57 was also amended by section 52(3) of the Traffic Management Act 2004.

[^f00027]: Section 59 was also amended by section 42 of the Traffic Management Act 2004.

[^f00028]: 1984 c. 55.

[^f00029]: 1830 c. lix.

[^f00030]: Section 28 was amended by S.I. 2006/1177.

[^f00031]: 1845 (8 & 9 Vict.) c. cv.

[^f00032]: 1991 c. 56. Section 106 was amended by sections 35(1), 35(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).

[^f00033]: S.I. 2016/1154 was amended by S.I. 2018/110.

[^f00034]: 1991 c. 57.

[^f00035]: 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.

[^f00036]: S.I. 2017/1012.

[^f00037]: 1979 c. 46.

[^f00038]: Section 4A was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22) and amended by section 185(2)(b) of the Levelling-up and Regeneration Act 2023.

[^f00039]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00040]: Schedule 2A was inserted by paragraph 3 of Schedule 3 to the Housing and Planning Act 2016.

[^f00041]: 1981 c. 66.

[^f00042]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

[^f00043]: Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.

[^f00044]: 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.

[^f00045]: Section 7 was amended by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016.

[^f00046]: Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.

[^f00047]: 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.

[^f00048]: Section 4 was amended by section 184 and 185 of, and paragraph 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016.

[^f00049]: Section 13 was amended by sections 62(3) and 139 of, paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23, to the Tribunals Courts and Enforcement Act 2007 (c. 15).

[^f00050]: 2017 c. 20.

[^f00051]: 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.

[^f00052]: Section 272 was amended by paragraph 103(1) and (2) of Schedule 17 to the Communications Act (c. 21).

[^f00053]: 1990 c. 43. Section 82 was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40) and paragraph 6 of Schedule 17 to the Environment Act 1995 (c. 25).

[^f00054]: Section 79(1) was amended by section 2(2) of the Noise and Statutory Nuisance Act 1993, section 120 of, and paragraph 2(a) of Schedule 17 and paragraph 89(2) of Schedule 22 to, the Environment Act 1995, sections 101(2) and 102(2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) and sections 109(2), 110(2), 111(2) and 112(2)(a) of the Public Health etc. (Scotland) Act 2008 (asp. 5).

[^f00055]: Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), paragraph 15(3) of Schedule 15 to the Environmental Protection Act 1990 (c. 43), Schedule 24 to the Environment Act 1995 and paragraph 10 of Schedule 6 to the Building (Scotland) Act 2003 (asp. 8).

[^f00056]: Section 65 was amended by paragraph 15(4) of Schedule 15 to the Environmental Protection Act 1990 and Schedule 24 to the Environment Act 1995

[^f00057]: 1974 c. 40. Section 61 was amended by Schedule 7 to the Buildings Act 1984 (c. 55), paragraph 15(3) of Schedule 15 to the Environment Protection Act 1990 (c. 43), Schedule 24 to the Environment Act 1995 and paragraph 10 of Schedule 6 to the Building (Scotland) Act 2008 (asp. 8).

[^f00058]: Section 79(1)(ga) was inserted by section 2(1) and (2)(b) of the Noise and Statutory Nuisance Act 1993.

[^f00059]: Section 80(1) was amended by section 86 of the Clean Neighbourhoods and Environment Act 2005.

[^f00060]: 1993 c. 43.

[^f00061]: Section 90(2A) was inserted by section 16(1) of the Transport and Works Act (c. 42).

[^f00062]: 1993 c. 43 as amended by the Transport Act 2000 (c. 38) and the Railways Act 2005 (c. 14).

[^f00063]: 2004 c. 18.

[^f00064]: 1978 c. 30.

[^f00065]: 1973 c. 26.

[^f00066]: 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.

[^f00067]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00068]: Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016.

[^f00069]: 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 (c. 22).

[^f00070]: Section 13 was amended by section 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).

[^f00071]: Sections 272 to 274 were amended by paragraph 103(1) and (2) of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00072]: Section 279(3) was amended by paragraphs 103(1) and (2), and section 280 was amended by paragraph 104, of Schedule 17 to the Communications Act 2003. Sections 280 and 282 were amended by S.I. 2009/1307.

[^f00073]: 2003 c. 21.

[^f00074]: The definition of “public utility undertakers” was amended by section 190(3) of, and part 1 of Schedule 27 to, the Water Act 1989 (c. 15) and section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29).

[^f00075]: 1989 c. 129.

[^f00076]: Section 102(4) was amended by paragraph 90 of the Schedule 7 to the Water Act 2014 (c. 21).

[^f00077]: Section 104 was amended by section 96(4) of the Water Act 2003 (c. 37), section 42(3) of the Flood and Water Management Act 2010 (c. 29) and section 11(1) and (2) of, and paragraph 91, to the Water Act 2014.

[^f00078]: 1986 c. 44.

[^f00079]: See section 106.

[^f00080]: 1991 c. 59. Section 23 was amended by section 120 of, and paragraph 192 of Schedule 22 to, the Environment Act 1995 (c. 25), paragraphs 25 and 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29) and S.I. 2013/755.