London Underground (East London Line Extension) Order 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/264 |
1997 No. 264
TRANSPORT AND WORKS
TRANSPORT
The London Underground (East London Line Extension) Order 1997
Made 20th January 1997
Coming into force 10th February 1997
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 19921(“the Applications Rules”) made 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 caused an inquiry to be held for the purposes of the application pursuant to section 11 of the Act;
And whereas the Secretary of State, having considered the report of the person who held the inquiry, 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 in the proposals;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 17th January 1997;
And whereas the Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Part II of Schedule 4 to this Order is not required;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 1 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11, 15, 16 and 17 of Schedule 1 to, the Act and of all other powers enabling him in that behalf, hereby makes the following Order:–
PART I
PRELIMINARY
Citation and commencement
1. This Order may be cited as the London Underground (East London Line Extension) Order 1997 and shall come into force on 10th February 1997.
Interpretation
2.—(1) In this Order, unless the context otherwise requires–
“the 1845 Act” means the Railways Clauses Consolidation Act 18453;
“the 1961 Act” means the Land Compensation Act 19614;
“the 1965 Act” means the Compulsory Purchase Act 19655;
“the 1973 Act” means the Land Compensation Act 19736;
“the 1991 Act” means the New Roads and Street Works Act 19917;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference described in rule 7(5) of the Applications Rules prepared in connection with the application for this Order and marked by the Secretary of State as “the book of reference” for the purposes of this Order;
“the Company” means London Underground Limited;
“the deposited plans” means the plans described in rule 7(1)(a) and 7(3) of the Applications Rules prepared in connection with the application for this Order and marked by the Secretary of State as “the plans” for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of those rules;
“the deposited sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order and marked by the Secretary of State as “the sections” for the purposes of this Order;
“highway” and “highway authority” have the same meaning as in the Highways Act 19808;
“the limits” means the limits of deviation, the lines marked “Limit of Land to be Acquired” and the lines marked “Limit of Land to be Temporarily Used” shown on the deposited plans;
“the limits of deviation” means the lines marked “Limit of Deviation” shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“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;
“Railtrack” means Railtrack plc and includes any person who derives title to any property from Railtrack plc and holds that property for railway purposes;
“the railways board” means the British Railways Board;
“the scheduled works” means the works specified in Part I of Schedule 1 to 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 1991 Act;
“the tribunal” means the Lands Tribunal; and
“the waterways board” means the British Waterways Board;
(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.
Incorporation of Railways Clauses Acts
3.—(1) The following provisions of the 1845 Act shall be incorporated in this Order:–
section 24 (obstructing construction of railway);
section 46 (crossing of roads - level crossings) except for the words from “Provided always” to the end;
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 19239;
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties);
section 154 (transient offenders).
(2) The following provision of the Railway Clauses Act 186310shall be incorporated in this Order:–section 12 (signals, watchmen etc.).
(3) In those provisions, as incorporated in this Order–
“the company” means the Company;
“goods” includes anything conveyed on the railways 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, except where the context otherwise requires, any other authorised works;
“the special Act” means this Order; and
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.
PART II
WORKS PROVISIONS
Principal powers
Power to construct works
4.—(1) The Company may construct and maintain the scheduled works.
(2) Subject to article 5 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
(3) Subject to paragraph (5) below, the Company may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely–
(a)
(a) works to alter the position of apparatus, including mains, sewers, drains and cables,
(b)
(b) works to erect and construct such houses, warehouses, offices, and other buildings, yards, stations, engines, machinery, apparatus, and other works, and conveniences as the Company thinks fit,
(c)
(c) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
(d)
(d) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works, and
(e)
(e) works for the benefit or protection of premises affected by the scheduled works.
(4) Subject to paragraph (5) below, the Company 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 scheduled works.
(5) Paragraphs (3) and (4) above shall only authorise the carrying out or maintenance of works outside the limits of deviation for the scheduled works shown on the deposited plans if the works are carried out on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule.
Power to deviate
5. In constructing or maintaining any of the scheduled works, the Company may–
(a) deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation for that work shown on the deposited plans, and
(b) deviate vertically from the levels shown on the deposited sections–
(i) to any extent not exceeding 5 metres upwards, or
(ii) to any extent downwards as may be found necessary or convenient.
Streets
Power to execute street works
6.—(1) The Company may, for the purposes of the authorised works, enter upon so much of any of the streets specified in Schedule 3 to this Order as is within the limits and may–
(a)
(a) break up or open the street, or any sewer, drain or tunnel under it, or tunnel or bore under the street,
(b)
(b) place apparatus in the street,
(c)
(c) maintain apparatus in the street or change its position, and
(d)
(d) execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c) above.
(2) This article is subject to paragraph 3 of Schedule 9 to this Order.
(3) In this article “apparatus” has the same meaning as in Part III of the 1991 Act.
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