The Network Rail (Seaham Level Crossing) Order 2013

JurisdictionUK Non-devolved
CitationSI 2013/533

2013 No. 533

Transport And Works, England

Transport, England

The Network Rail (Seaham Level Crossing) Order 2013

Made 7th March 2013

Coming into force 28th March 2013

An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20061for an Order under sections 1 and 5 of the Transport and Works Act 19922(“the 1992 Act”).

The Secretary of State, having considered the objections made and not withdrawn has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change in the proposals.

Notice of the Secretary of State’s determination was published in the London Gazette on 5th March 2013.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 3 to 5, 7, 8, 11 and 16 of Schedule 1 to, the 1992 Act makes the following Order:—

1 PRELIMINARY

PART 1

PRELIMINARY

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Network Rail (Seaham Level Crossing) Order 2013 and comes into force on 28th March 2013.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In this Order—

the 1863 Act” means the Londonderry Railway (Seaham to Sunderland) Act 18633;

the 1961 Act” means the Land Compensation Act 19614;

the 1965 Act” means the Compulsory Purchase Act 19655;

the 1990 Act” means the Town and Country Planning Act 19906;

the 1991 Act” means the New Roads and Street Works Act 19917;

“address” includes any number or address used for the purposes of electronic transmission;

“authorised works” means the works authorised by section 16 (works to be executed) of the Railways Clauses Consolidation Act 18458as applied by section 2 of the 1863 Act for the provision of a crossing of the railway in place of the Seaham level crossing;

“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 plan” means the plan certified by the Secretary of State as the deposited plan for the purposes of this Order;

“electronic transmission” means a communication transmitted—

(a) by means of an electronic communications network; or

(b) by other means but while in electronic form;

“highway authority” has the same meaning as in the Highways Act 19809;

“the new footway” means a new footway to be provided in the existing highway between point G on the deposited plan and the south-east-bound platform of Seaham Station;

“the new public right of way” means the new cycle track (as referred to in article 4(2) (creation and maintenance of new public right of way and new footway)) to be provided between points C, D, E, F and G on the deposited plan and includes the adjoining embankments and surrounding fence;

“Network Rail” means Network Rail Infrastructure Limited (company No. 02904587) whose registered office is at Kings Place, 90 York Way, London N1 9AG;

“owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 198110;

“the Seaham level crossing” means so much of Station Road, Seaham as is shown between points A and B on the deposited plan;

“the tribunal” means the Upper Tribunal (Lands Chamber);

“the undertaking” means the railway undertaking of Network Rail as existing from time to time.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace over its surface.

2 PROVISION OF CROSSING

PART 2

PROVISION OF CROSSING

Closure of level crossing
S-3 Closure of level crossing

Closure of level crossing

3.—(1) Subject to paragraph (3) the Seaham level crossing is stopped-up and discontinued.

(2) Subject to paragraph (3), upon the stopping up and discontinuance of the Seaham level crossing—

(a)

(a) any right of way over the crossing is extinguished; and

(b)

(b) section 15 of the 1863 Act ceases to apply in relation to the location of the crossing.

(3) Paragraphs (1) and (2) are not to have effect until the new public right of way and the new footway have been constructed and completed to the reasonable satisfaction of the highway authority in accordance with article 4 (creation and maintenance of new public right of way and new footway) and are open to use.

(4) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) This article is subject to paragraph 2 of the Schedule (provisions relating to statutory undertakers, etc.).

Creation and maintenance of new public right of way and new footway
S-4 Creation and maintenance of new public right of way and new footway

Creation and maintenance of new public right of way and new footway

4.—(1) The new public right of way and the new footway are to be completed to the reasonable satisfaction of the highway authority and are to be maintained by and at the expense of Network Rail for a period of 12 months from their completion and after the expiry of that period by and at the expense of the highway authority.

(2) On completion of the new public right of way in accordance with paragraph (1) it is to be a cycle track within the meaning of section 329 of the Highways Act 198011over which the public have a right of way on foot.

(3) In any action against Network Rail in respect of loss or damage resulting from any failure by it to maintain the new public right of way or the new footway, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that Network Rail had taken such care as in all the circumstances was reasonably required to secure that the part of the new public right of way or the new footway to which the action relates was not dangerous to traffic.

(4) For the purposes of a defence under paragraph (3), the court must in particular have regard to the following matters—

(a)

(a) the character of the new public right of way or the new footway and the traffic which was reasonably to be expected to use it;

(b)

(b) the standard of maintenance appropriate for a public right of way or the new footway of that character and used by such traffic;

(c)

(c) the state of repair in which a reasonable person would have expected to find the new public right of way or the new footway;

(d)

(d) whether Network Rail knew, or could reasonably have been expected to know, that the condition of the part of the new public right of way or the new footway to which the action relates was likely to cause danger to users of the new public right of way or the new footway;

(e)

(e) where Network Rail could not reasonably have been expected to repair that part of the new public right of way or the new footway before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that Network Rail had arranged for a competent person to carry out or supervise the maintenance of the part of the new public right of way or the new footway to which the action relates unless it is also proved that Network Rail had given the competent person proper instructions with regard to the maintenance of the new public right of way or the new footway and that the competent person had carried out those instructions.

(5) The new public right of way and the new footway are to be treated as completed to the satisfaction of the highway authority for the purpose of paragraph (1) if it fails to reply to a request for certification that it is satisfied with the work within 28 days of receiving the request.

3 ACQUISITION AND POSSESSION OF LAND

PART 3

ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Powers of acquisition

S-5 Power to acquire land

Power to acquire land

5. Network Rail may acquire compulsorily so much of the land shown numbered 2, 5 and 7 on the deposited plan and described in the book of reference as may be required for the purpose of the authorised works.

S-6 Application of Part 1 of the 1965 Act

Application of Part 1 of the 1965 Act

6.—(1) Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order—

(a)

(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and

(b)

(b) as if this Order were a compulsory purchase order under that Act.

(2) Part 1 of the 1965 Act, as applied by paragraph (1), has effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.

S-7 Application of the Compulsory Purchase (Vesting Declarations) Act 1981

Application of the Compulsory Purchase (Vesting Declarations) Act 1981

7.—(1) The Compulsory Purchase (Vesting Declarations) Act 198112applies as if this Order were a compulsory purchase order.

(2) The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), has effect with the following modifications.

(3) In section 3 (preliminary notices), for subsection (1) there is substituted—

S-1

“1 Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order the acquiring authority must include the particulars specified in subsection (3) in a notice which is—

(a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and

(b) published in a local newspaper circulating in the area in which the land is...

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