The Network Rail (Nuneaton North Chord) Order 2010

Power to construct and maintain works

5.—(1) Network Rail may construct and maintain the scheduled works.

(2) Subject to article 6 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the Order plans and in accordance with the levels shown on the Order sections.

(3) Subject to paragraph (5), Network Rail may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely—

(a)railway electrification and signalling works;

(b)the provision of buildings, yards, machinery, plant, apparatus and other works and conveniences;

(c)the provision, repair and strengthening of approaches, bridges, subways, turning places, ramps, passages, means of access, shafts and stagings as Network Rail thinks fit;

(d)the provision of embankments, aprons, abutments, retaining walls, wing walls and culverts;

(e)works to alter or remove any structure erected on any highway or adjoining land;

(f)works to alter the position of apparatus, including mains, sewers, drains and cables;

(g)works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse;

(h)landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works (other than works authorised by this sub-paragraph); and

(i)works for the benefit or protection of premises affected by the authorised works (other than works authorised by this paragraph).

(4) Subject to paragraph (5), Network Rail may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised works, other than works that would interfere with a navigable watercourse.

(5) Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on land specified in columns (1) and (2) of Part 2 of Schedule 4 (acquisition of land) or in columns (1) and (2) of Schedule 7 (land of which temporary possession may be taken) in each case for the purpose specified in relation to that land in column (3) of the appropriate Schedule.