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The Chester Guided Busway Order 2002

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  1. Introductory Text

  2. PART I PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application of the New Roads and Street Works Act 1991

  3. PART II WORKS PROVISIONS

    1. Principal powers

      1. 4.Power to construct and maintain works

      2. 5.Power to deviate

    2. Streets

      1. 6.Power to alter layout of streets

      2. 7.Power to keep apparatus in streets

      3. 8.Power to execute street works

      4. 9.Temporary stopping up of streets

      5. 10.Maintenance of altered streets

      6. 11.Agreements with street authorities

    3. Supplemental powers

      1. 12.Discharge of water

      2. 13.Power to survey and investigate land

      3. 14.Planning permission : supplementary matters

  4. PART III ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 15.Power to acquire land

      2. 16.Application of Compulsory Purchase (Vesting Declarations) Act 1981

      3. 17.Application of Part I of the Compulsory Purchase Act 1965

      4. 18.Powers to acquire new rights

      5. 19.Rights in streets

    2. Compensation

      1. 20.Disregard of certain interests and improvements

    3. Supplementary

      1. 21.Acquisition of part of certain properties

      2. 22.Extinction of private rights of way

      3. 23.Time limit for exercise of powers of acquisition

  5. PART IV OPERATION OF BUSWAY SYSTEM

    1. 24.Power to operate and use busway system

    2. 25.Maintenance of approved works etc.

    3. 26.Power to charge fares

    4. 27.Traffic signs

    5. 28.Power to fell or lop trees

    6. 29.Obstruction of construction of busway

    7. 30.Power to make byelaws

    8. 31.Power to contract for police services

    9. 32.Powers of disposal, agreements for operation, etc.

    10. 33.Application of Landlord and Tenant law

    11. 34.Town and country planning

  6. PART V MISCELLANEOUS AND GENERAL

    1. 35.Statutory undertakers etc.

    2. 36.Protection of interests

    3. 37.Application of existing enactments

    4. 38.Crown rights

    5. 39.Minerals

    6. 40.Certification of plans etc.

    7. 41.Service of notices

    8. 42.No double recovery

    9. 43.Disclosure of confidential information

    10. 44.Arbitration

    11. 45.Withholding of consent

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      SCHEDULED WORKS

    2. SCHEDULE 2

      ACQUISITION OF LAND

    3. SCHEDULE 3

      STREETS SUBJECT TO ALTERATION OF LAYOUT

    4. SCHEDULE 4

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without prejudice to the generality of paragraph 1, the...

      2. Adaptation of the 1965 Act

        1. 3.(1) The 1965 Act shall have effect with the modifications...

        2. 4.For section 7 of the 1965 Act (measure of compensation)...

        3. 5.For section 8 of the 1965 Act (provision as to...

        4. 6.The following provisions of the 1965 Act (which state the...

        5. 7.Section 11 of the 1965 Act (powers of entry) shall...

        6. 8.Section 20 of the 1965 Act (protection for interests of...

        7. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

    5. SCHEDULE 5

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC

      1. Apparatus of statutory undertakers etc. on land acquired

        1. 1.Subject to the following provisions of this Schedule, sections 271...

        2. 2.In the provisions of the 1990 Act, as applied by...

        3. 3.Where any apparatus of public utility undertakers or of a...

        4. 4.Paragraph 3 shall not apply in the case of the...

        5. 5.The provisions of the 1990 Act mentioned in paragraph 1,...

        6. 6.In this Schedule— “the 1990 Act” means the Town and...

    6. SCHEDULE 6

      PROTECTIVE PROVISIONS

      1. PART I GENERAL

        1. Application of Schedule 6

          1. 1.The provisions of this Schedule shall have effect for the...

        2. Arbitration

          1. 2.Any difference arising between the Council and any body referred...

      2. PART II PROTECTION FOR RAILTRACK PLC

        1. Interpretation

          1. 1.In this Part of this Schedule— “construction” includes execution, placing,...

        2. Powers requiring consent of Railtrack PLC

          1. 2.(1) The Council shall not under the powers conferred by...

        3. Fencing

          1. 3.Where so required by the engineer the Council shall to...

        4. Approval of plans

          1. 4.(1) The Council shall before commencing construction of any specified...

        5. Construction of specified works

          1. 5.(1) Any specified work (together with any protective works specified...

        6. Access

          1. 6.The Council shall— (a) at all times afford reasonable facilities...

          2. 7.Railtrack PLC shall at all times afford reasonable facilities to...

        7. Alterations, etc. to railway property

          1. 8.(1) If during the construction of a specified work or...

        8. Repayment of Railtrack’s fees etc.

          1. 9.The Council shall repay to Railtrack PLC all reasonable fees,...

        9. Maintenance of specified works

          1. 10.If at any time after the completion of a specified...

        10. Illuminated signs etc.

          1. 11.The Council shall not provide any illumination or illuminated sign...

        11. Alterations, etc. to railway property : repayment of additional expenses

          1. 12.Any additional expenses which Railtrack may reasonably incur in altering,...

        12. Indemnity

          1. 13.(1) The Council shall be responsible for and make good...

          2. 14.In the assessment of any sums payable under this part...

          3. 15.The Council and Railtrack PLC may enter into, and carry...

      3. PART III PROTECTION FOR ELECTRICITY AND GAS UNDERTAKERS

        1. Interpretation

          1. 1.(1) In this Part of this Schedule— “alternative apparatus” means...

        2. Temporarily stopped up streets etc. : maintenance of apparatus

          1. 2.Notwithstanding the temporary stopping up or diversion of any highway...

        3. Acquisition of apparatus

          1. 3.Notwithstanding anything in this Order or shown on the land...

        4. Removal of apparatus : alternative apparatus

          1. 4.(1) If, in the exercise of the powers of this...

          2. 5.(1) Where, in accordance with the provisions of this Part...

        5. Protection of apparatus

          1. 6.(1) Not less than 56 days before commencing the execution...

        6. Stopped up highways : access to apparatus

          1. 7.Where, by reason of this Order, any part of any...

        7. Repayment of undertakers' expenses

          1. 8.(1) Subject to the following provisions of this paragraph, the...

        8. Indemnity

          1. 9.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        9. Payment for redundant apparatus

          1. 10.(1) Where, by reason of the stopping up of any...

        10. Existing enactments and agreements

          1. 11.Nothing in this Part of this Schedule shall affect the...

      4. PART IV PROTECTION FOR SEWERAGE UNDERTAKERS

        1. Interpretation

          1. 1.(1) In this Part of this Schedule— “construction” includes placing,...

        2. Temporarily stopped up streets etc.: maintenance of sewers

          1. 2.Notwithstanding the temporary stopping up or diversion of any highway...

        3. Acquisition of sewers

          1. 3.Notwithstanding anything in this Order or shown on the deposited...

        4. Protection of sewers

          1. 4.(1) Before commencing the construction or renewal of any specified...

          2. 5.(1) The specified work shall be constructed or, in the...

          3. 6.As soon as reasonably practicable after the completion of the...

        5. Repayment of undertaker’s expenses

          1. 7.Subject to the following provisions of this paragraph, the Council...

        6. Indemnity

          1. 8.(1) The Council shall indemnify the undertaker against all actions,...

          2. 9.Nothing in paragraph 7 or 8 shall impose any liability...

      5. PART V PROTECTION FOR TRAIN OPERATORS

        1. Interpretation

          1. 1.In this Part of this Schedule— “construction” includes execution, placing,...

        2. Indemnity

          1. 2.(1) The Council shall be responsible for and make good...

          2. 3.In the assessment of any sums payable under this Part...

      6. PART VI PROTECTION FOR THE ENVIRONMENT AGENCY

        1. Interpretation

          1. 1.In this Part of this Schedule— “the Agency” means the...

        2. Application of Water Resources Act 1991 and Land Drainage Act 1991

          1. 2.Nothing in this Order or in any enactment incorporated with...

        3. Obstructions in rivers and watercourses: approval of plans

          1. 3.Before carrying out any works under the powers of this...

          2. 4.The approval of plans furnished under paragraph 3 shall not...

        4. Maintenance of structures in watercourses

          1. 5.Any culvert or any structure designed to contain or divert...

          2. 6.Nothing in paragraph 5 shall have the effect of requiring...

        5. Remedying contraventions

          1. 7.If any obstruction is erected or raised or any culvert...

      7. PART VII PROTECTION FOR RAILWAY PATHS LIMITED AND SUSTRANS

        1. Application of protocol

          1. 1.In this Part of this Schedule “the protocol” means the...

          2. 2.The Council, Railway Paths Limited and Sustrans shall enter into...

        2. Acquisition of land

          1. 3.The Council shall not under the powers of this Order...

  9. Explanatory Note

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