1. This Order may be cited as the Telford Railfreight Terminal (Donnington) Order 2005 and shall come into force on 4th May 2005.
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 1984 Act” means the Road Traffic Regulation Act 1984(3);
“the 1990 Act” means the Town and Country Planning Act 1990(4);
“authorised works” means the scheduled works and any other works authorised by this Order;
“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;
“the Council” means the Council of the Borough of Telford & Wrekin;
“carriageway”, “cycleway” and “footpath” have the same meanings as in the Highways Act 1980(5);
“enactment” includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the works plans;
“the limits of land to be acquired or used” means the limits of land to be acquired or used shown on the land plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace; and “maintenance” shall be construed accordingly;
“the Order limits” means any of the limits of deviation or the limits of land to be acquired or used;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the railways” means the railways comprised in the authorised works;
“the rights of way maps” means the rights of way maps certified by the Secretary of State as the rights of way maps for the purposes of this Order;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the Street Works Act;
“the Street Works Act” means the New Roads and Street Works Act 1991(6);
“the tribunal” means the Lands Tribunal;
“the undertaking” means the undertaking authorised by this Order; and
“the works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air space over its surface.
(3) All directions, distances, lengths and points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point, and distances between points on a railway shall be taken to be measured along the centre line of the railway.
(4) Any reference in this Order to a point identified by a letter, with or without a number, shall be construed as a reference to the point so lettered on the land and works plans.
(5) Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
3.—(1) The following provisions of the Railways Clauses Consolidation Act 1845(7) shall be incorporated in this Order—
section 24 (obstructing construction of railway), subject to the modification in paragraph (3);
section 46 (crossing of roads—level crossings), subject to the modification in paragraph (4);
section 47 (provision in cases where roads are crossed on a level);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
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”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E 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(8);
section 145 (recovery of penalties); and
section 154 (transient offenders).
(2) In those provisions, as incorporated in this Order—
“the company” means the Council;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the special Act” means this Order.
(3) Section 24 of the said Act of 1845, as incorporated in this Order, shall have effect as if the maximum fine which may be imposed on summary conviction for an offence under that section were, instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.
(4) In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.