Piccadilly Line (Heathrow T5 Extension) Order 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/1065 |
| Year | 2002 |
2002 No. 1065
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Piccadilly Line (Heathrow T5 Extension) Order 2002
Made 9th April 2002
Coming into force 30th April 2002
Whereas an application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under sections 6, 7 and 10 of the Transport and Works Act 19922(“the 1992 Act”), for an Order under section 1 of the 1992 Act;
And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 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 2nd April 2002;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 and of, paragraphs 1 to 5, 7, 10, 11 and 15 to 17 of Schedule 1 to, the 1992 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 Piccadilly Line (Heathrow T5 Extension) Order 2002 and shall come into force on 30th April 2002.
Interpretation
2.—(1) In this Order—
“the 1965 Act” means the Compulsory Purchase Act 19653;
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“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;
“building” includes any structure or erection or any part of a building, structure or erection;
“the Company” means London Underground Limited;
“the deposited plans” means the plans described in rule 7(1)(a) and (3) of the Applications Rules prepared in connection with the application for this Order and the plan referred to in article 7(2) and certified by the Secretary of State as the deposited plans for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of that rule;
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“the limits of deviation” means the limits of deviation for the scheduled works 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;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“the tribunal” means the Lands Tribunal.
(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, and references to the subsoil of any land include references to any cellar, basement, vault, arch or other construction forming part of any such land.
(3) All directions, distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction and length and distances between points on a railway shall be taken to be measured along the railway.
Incorporation of the Railways Clauses Acts
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18454shall 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 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 the 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 19235;
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 Railways Clauses Act 18636shall 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 any thing 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;
“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 alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
(c)
(c) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works;
(d)
(d) works for the benefit or protection of premises affected by the scheduled works; and
(e)
(e) such other works of whatever nature, including emergency escape shafts and ventilation shafts, as may be necessary or expedient.
(4) The Company may on or in any part of the lands numbered on the deposited plans 56, 57, 58 and 59 make and maintain, in connection with the scheduled works, a railway station together with all such works as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the station.
(5) Paragraph (3) above shall only authorise the carrying out or maintenance of works outside the limits of deviation 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 the scheduled works, the Company may—
(a) deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work shown on that plan, and
(b) deviate vertically from the levels shown on the deposited sections—
(i) to any extent not exceeding 6 metres upwards; or
(ii) to any extent downwards as may be necessary or convenient.
Supplemental powers
Discharge of water
6.—(1) The Company may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown on the deposited plans, make openings into, and connections with, the watercourse, sewer or drain.
(2) The Company shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
(3) The Company shall not make any opening into any public sewer or drain in accordance with the plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
(4) The Company shall not, in the exercise of the powers conferred by this article, damage or interfere with the beds or banks of any watercourse forming part of a main river.
(5) The Company shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
(6) This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by...
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