Forge Lane, Horbury Level Crossing Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/2952 |
| Year | 1995 |
1995 No. 2952
TRANSPORT AND WORKS
TRANSPORT
The Forge Lane, Horbury Level Crossing Order 1995
Made 13th November 1995
Coming into force 20th November 1995
Whereas an application has been made to the Secretary of State for Transport (“the Secretary of State”), in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under section 6 of the Transport and Works Act 19922(“the Act”), for an Order under section 1 of the Act;
And whereas the Secretary of State has received no objections to that application;
And whereas the Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change to the proposals;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 10th November 1995;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1 and 2 of Schedule 1 to, the Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation and commencement
1. This Order may be cited as the Forge Lane, Horbury Level Crossing Order 1995 and shall come into force on 20th November 1995.
Interpretation
2. In this Order, unless the context otherwise requires—
“authorised works” means the new level crossing and any other works authorised by this Order;
“maintenance” includes inspection, repair, adjustment, alteration, removal, reconstruction and replacement and “maintain” shall be construed accordingly;
“the Council” means Wakefield Metropolitan District Council;
“the existing level crossing” means the level crossing where the existing railway crosses the highway at Ordnance Survey reference points 430722.637 East and 417876.015 North;
“the existing railway” means the railway between the Bombardier Prorail factory and the Railtrack main line as shown on the works plan;
“the highway” means Forge Lane in the Parish of Horbury in the Metropolitan District of Wakefield in the County of West Yorkshire;
“the level crossings” means the existing level crossing and the new level crossing;
“the new level crossing” means the new level crossing where the new railway crosses the highway at the reference points 430675.467 East and 417874.015 North;
“the new railway” means 112 metres or thereabouts of new railway constructed or to be constructed between the existing railway and the Bombardier Prorail factory as shown on the works plan;
“the railways” means the existing railway and the new railway;
“the undertaker” means Bombardier Prorail Limited whose registered office is at Horbury, Wakefield, West Yorkshire, England, WF4 5QH;
“the undertaker’s railway” means so much of the railways as lies within the undertaker’s factory premises and extends across the highway to a junction with the railway of Railtrack plc as shown on the works plan;
“the works plan” means the plan prepared in connection with the application for this Order and marked by The Secretary of State as “the works plan” for the purposes of this Order.
Incorporation of Railways Clauses Consolidation Act 1845
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18453shall be incorporated in this Order:—
section 24 (obstructing construction of railway);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 145 (recovery of penalties); and
section 154 (transient offenders).
In those provisions, as incorporated in this Order—
“the company” means the undertaker;
“railway” in relation to any such provision, means the new railway where it crosses the highway;
“the special Act” means this Order.
Power to construct and maintain the new level crossing
4.—(1) The undertaker may construct and maintain the new level crossing.
(2) The new level crossing shall be constructed in the lines or situations shown on the works plan.
(3) Subject to paragraph (5) below, the undertaker may carry out and maintain works to alter the position of apparatus, including mains, sewers, drains and cables, as may be necessary or expedient for the purposes of, in connection with, or in consequence of the construction of the new level crossing.
(4) Subject to paragraph (5) below, the undertaker may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the new level crossing.
(5) Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works outside the lines or situations of the new level crossing.
Power to execute street works
5.—(1) The undertaker may, for the purposes of the authorised works, enter upon so much of the highway as is shown on the works plan and may—
(a)
(a) place apparatus in it,
(b)
(b) maintain apparatus in the highway or change the position of such apparatus, and
(c)
(c) execute any works required for or incidental to any works referred to in subparagraphs (a) and (b) above (including, in particular, breaking up or opening the highway).
(2) In this article “apparatus” has the same meaning as in Part III of the New Roads and Street Works Act 19914.
Temporary alteration of Forge Lane
6.—(1) The undertaker, during and for the purposes of the execution of the authorised works, may temporarily alter the highway and may for any reasonable time—
(a)
(a) redirect the traffic along the highway, and
(b)
(b) subject to paragraphs (2) and (3) below, control the passage of all persons passing along the highway.
(2)
(2) The undertaker shall provide reasonable access for pedestrians going to or from premises abutting on to the highway if there otherwise would be no such access.
(3) The authorised works shall be undertaken in such a manner that no more than half the width of the highway is obstructed to traffic at any one time, and that traffic in both directions is able to continue on the remaining part of the highway.
Maintenance of Forge Lane
7.—(1) Where the highway is altered under this Order, the altered part of the highway shall be completed to the reasonable satisfaction of the Council, and, unless otherwise agreed with the Council, shall be maintained by and at the expense of the undertaker for a period of 24 months from its completion.
(2) The undertaker shall not by reason of any duty under this article to maintain the highway be taken to be the street authority in relation to the highway for the purposes of Part III of the New Roads and Street Act 1991.
(3) Nothing in this article shall have effect in relation to street works as respects which...
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