River Thames (Hungerford Footbridges) Order 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/2981 |
1999 No. 2981
TRANSPORT AND WORKS, ENGLAND
The River Thames (Hungerford Footbridges) Order 1999
Made 2nd August 1999
Coming into force 23th August 1999
Whereas an application has been made to the Secretary of State for the Environment, Transport and the Regions (“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 Act”), for an Order under sections 3 and 5 of the Act;
And whereas the objections to that application have been withdrawn;
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;
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 in the proposals;
And whereas the Secretary of State is of the opinion that the primary object of this Order cannot be achieved by means of an order under the Harbours Act 19643;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 19th July 1999;
Now, therefore, the Secretary of State in exercise of the powers conferred on him by sections 3 and 5 of, and paragraphs 1, 2, 3, 4, 5, 7, 8, 10, 11, 13 and 16 of Schedule 1 to, the Act and by the Transport and Works (Description of Works Interfering with Navigation) Order 19924and 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 River Thames (Hungerford Footbridges) Order 1999 and shall come into force on 23rd August 1999.
Interpretation
2.—(1) In this Order—
“the 1965 Act” means the Compulsory Purchase Act 19655;
“the 1991 Act” means the New Roads and Street Works Act 19916;
“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 deposited plans” means the Works Plan, the Land Plans and the Footpath Plan being the plans certified by the Secretary of State under those names as the deposited plans for the purposes of this Order;
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“the existing Hungerford footbridge” means the existing footbridge over the River Thames immediately adjoining the Charing Cross Railway Bridge in the City of Westminster and the London Borough of Lambeth;
“highway” and “highway authority” have the same meaning as in the Highways Act 19807;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plan entitled “Works Plan”;
“LRT” means London Regional Transport and includes any subsidiary of London Regional Transport (within the meaning of section 763 of the Companies Act 19858);
“maintain” includes inspect, repair, adjust, 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 Port Authority” means the Port of London Authority;
“the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“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;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the undertaker” means the Lord Mayor and Citizens of the City of Westminster;
“the undertaking” means the undertaking of the undertaker in connection with 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, 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, areas and dimensions 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.
PART II
WORKS PROVISIONS
Principal powers
Power to construct works
3.—(1) Subject to paragraph (5) below, the undertaker may:
(a)
(a) construct and maintain the scheduled works;
(b)
(b) break out and remove such structures that are contained within the limits of deviation as may be necessary and convenient for the construction and maintenance of the scheduled works.
(2) Subject to article 4 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 (4) below, the undertaker may carry out such other works (of whatever nature) as may be necessary convenient or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
(4)
(4) 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 purposes specified in relation to that land in column (3) of that Schedule.
(5) The undertaker shall not carry out any work which prevents the use of the existing Hungerford footbridge by members of the public until
(a)
(a) either Work No. 1 or Work No. 2 is open for public use; or
(b)
(b) the undertaker has provided, within the limits of deviation, a temporary way on foot across the River Thames for members of the public.
Power to deviate
4. In constructing or maintaining the scheduled works, the undertaker may
(a) deviate laterally from the lines or situations shown on the deposited plan entitled “Works Plan” within the limits of deviation; and
(b) deviate vertically from the levels shown for those works on the deposited sections—
(i) to any extent not exceeding 1 metre upwards, and
(ii) to any such extent downwards as may be necessary or convenient but subject to the consent in writing of the Port Authority.
Streets
Power to execute street works
5.—(1) The undertaker 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 of deviation 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 or remove it from the street; 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 2(3) of Part I of Schedule 10 and paragraph 3 of Schedule 11 to this Order.
(3) In this article “apparatus” has the same meaning as in Part III of the 1991 Act.
Stopping up of streets and extinguishment of rights
6.—(1) Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised works, stop up each of the streets specified in columns (1) and (2) of each Part of Schedule 4 to this Order to the extent specified in column (3) of that Part.
(2) No street specified in columns (1) and (2) of Part I of Schedule 4 to this Order (being a street to be stopped up for which a substitute is to be provided) shall be wholly or partly stopped up under this article unless either—
(a)
(a) the new street to be substituted for it, and which is specified in relation to it in column (4) of that Part of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or
(b)
(b) with the consent of the street authority, a temporary alternative route is provided between the commencement and termination points of the street to be stopped up until completion of the new street in accordance with sub-paragraph (a) above.
(3) Where a street has been stopped up under this article the undertaker may, without making any payment, appropriate and use for the purposes of the authorised works so much of the site of the street as is bounded on both sides by land owned by the undertaker.
(4) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 19619.
(5) This article is subject to paragraph 2 of Schedule 11 to this Order.
Temporary stopping up of streets
7.—(1) The undertaker, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time—
(a)
(a) divert the traffic from the street; and
(b)
(b) subject to paragraph (2) below, prevent all persons from passing along the street.
(2) The undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers...
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