The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022

PART 1PRELIMINARY

Citation and commencement

1.  This Order may be cited as the Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 and comes into force on 11th January 2023.

Interpretation

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961(1);

“the 1965 Act” means the Compulsory Purchase Act 1965(2);

“the 1980 Act” means the Highways Act 1980(3);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(4);

“the 1990 Act” means the Town and Country Planning Act 1990(5);

“the 1991 Act” means the New Roads and Street Works Act 1991(6);

“the 2003 Act” means the Communications Act 2003(7);

“the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016(8);

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

“authorised user(s)” means any person(s) to whom Network Rail grants a permit to use the new access to access land which would otherwise have been accessed via the level crossings on such terms and conditions as Network Rail may reasonably require;

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

“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

“bridleway” has the same meaning as in the 1980 Act;

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

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

“cycle track” has the same meaning as in the 1980 Act;

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

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

“electronic transmission” means a communication transmitted—

and in this definition “electronic communications network” has the same meaning as in section 32(1)(9) (meaning of electronic communications networks and services) of the 2003 Act;

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

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

“level crossings” means the level crossings listed in column (2) of Schedule 5 (closure of level crossings);

“licensees” means those members of the public using, accessing or egressing the station, including access, egress and drop off to the station via motor vehicles;

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

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

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

“Network Rail” means Network Rail Infrastructure Limited (company registration number 02904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN;

“new access” means the new access and bridge as comprised in Work No.11;

“Order land” means the land shown on the deposited plans which is within the limits of land to be acquired or used or the limits of deviation and described in the book of reference;

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

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(10);

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

“statutory undertaker” means—

“street” has the meaning given in section 48 (streets, street works and undertakers) of the 1991 Act and includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

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

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

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface.

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

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

(5) References in this Order to points identified by letters with or without numbers, are construed as references to points so lettered on the deposited plans.

(6) References in this Order to numbered works are references to the scheduled works as numbered in Schedule 1.

Incorporation of the Railway Clauses Act

3.—(1) The following provisions of the Railways Clauses Consolidation Act 1845(11) are incorporated in this Order—

(a)section 58(12) (company to repair roads used by them), except for the words from “and if any question” to the end;

(b)section 68 (accommodation works by company);

(c)section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;

(d)sections 72 and 73 (supplementary provisions relating to accommodation works);

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

(f)sections 78 to 85E(13) and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923(14);

(g)section 103(15) (refusal to quit carriage at destination);

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

(i)section 145(16) (recovery of penalties).

(2) Section 12 (signals, watchmen etc.) of the Railways Clauses Act 1863(17) is incorporated in this Order.

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

“the company” means Network Rail;

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

“lease” includes an agreement for a lease;

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

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

“the special Act” means this Order.

Application of the 1991 Act

4.—(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major transport works if—

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

(b)they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64(18) (dual carriageways and roundabouts) of the 1980 Act.

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

(a)section 56 (power to give directions as to timing of street works);

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

(c)section 58 (restriction on works following substantial road works); and

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

(3) The provisions of the 1991 Act mentioned in paragraph (4) (which, together with other provisions of that Act, apply in relation to the carrying out of street works) and any regulations made or code of practice issued or approved under those provisions apply (with the necessary modifications) in relation to the temporary stopping up, temporary alteration or temporary diversion of a street by Network Rail under the powers conferred by article 11 (temporary stopping up of streets) and the carrying out of works under article 10 (power to execute street works) whether or not the stopping up, alteration or diversion, or the carrying out of such works, constitutes street works within the meaning of that Act.

(4) The provisions of the 1991 Act(19) referred to in paragraph (3) are—

(a)section 54(20) (advance notice of certain works), subject to paragraph (5);

(b)section 55(21) (notice of starting date of works), subject to paragraph (5);

(c)section 57(22) (notice of emergency works);

(d)section 59(23) (general duty of street authority to co-ordinate works);

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

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

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

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

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

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

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

(6) Nothing in article 12 (construction and maintenance of new or altered highways)—

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

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

Disapplication of legislative provisions

5.—(1) The following provisions do not apply in relation to any works executed under the powers conferred by this Order—

(a)regulation 12(1)(a) (requirement for environmental permit) of the 2016 Regulations in relation to the carrying out of a relevant flood risk activity;

(b)section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991(24);

(c)paragraph 5 (consent required for alteration, removal or replacement of a designated feature) of Schedule 1 to the Flood and Water Management Act 2010(25);

(d)paragraph 7 (approval required for a drainage system for construction work) of Schedule 3 (sustainable drainage) to the Flood and Water Management Act 2010; and

(e)the provisions of any byelaws made under, or having effect as if made under, section 66 (powers to make byelaws) of the Land Drainage Act 1991, which require consent or approval for the carrying out of the works.

(2) In this article, “flood risk activity” means an activity described in paragraph 3(1)(a), (b) or (c) of Schedule 25 (flood risk activities and excluded flood risk activities) to the 2016 Regulations.