The Network Rail (Summerway Overbridge) Order 2017

JurisdictionWales
CitationSI 2017/1027 (W265)
Year2017

2017 No. 1027 (W. 265)

Transport And Works, Wales

The Network Rail (Summerway Overbridge) Order 2017

Made 24th October 2017

Coming into force 15th November 2017

An application has been made to the Welsh Ministers 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”).

Objections to that application have been withdrawn.

The Welsh Ministers, having considered the application have determined to make an Order giving effect to the proposals comprised in the application without modifications.

Notice of the Welsh Ministers determination was published in the London Gazette on 23 October 2017.

The Welsh Ministers in exercise of the powers conferred on the Secretary of State by sections 1 and 5 of, and paragraphs 3, 4, 5, 7, 11 and 16 of Schedule 1 to, the 1992 Act, now exercisable by them3makes the following Order—

1 PRELIMINARY

PART 1

PRELIMINARY

S-1 Title and commencement

Title and commencement

1. The title of this Order is the Network Rail (Summerway Overbridge) Order 2017 and comes into force on 15 November 2017.

S-2 Interpretation

Interpretation

2.—(1) In this Order—

the 1961 Act” means the Land Compensation Act 19614;

the 1965 Act” means the Compulsory Purchase Act 19655;

the 1981 Act” means the Acquisition of land Act 19816;

“the 1995 Order” means the Town and Country Planning (General Permitted Development) Order 19957;

“authorised works” means the works required to demolish the Summerway Overbridge (Network Rail asset No. 133A) and any associated temporary works authorised by the 1995 Order;

“the book of reference” means the book of reference certified by the Welsh Ministers 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;

“electronic transmission” means a communication transmitted—

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

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

“the land plan” means the plan certified by the Welsh Ministers as the land plan for the purposes of this Order;

“the limits of land to be acquired or used” means the limits so shown and described on the land plan;

“Network Rail” means Network Rail Infrastructure Limited (company registration number 02904587) whose registered office is 1 Eversholt Street, London NW1 2DN; and

“owner” in relation to land, has the same meaning as in section 7 (interpretation) of the 1981 Act8.

(2) All measurements stated in any description of lands in the book of reference are approximate.

(3) References in this Order to numbered plots are references to plot numbers shown on the land plan.

2 OCCUPATION CROSSING

PART 2

OCCUPATION CROSSING

S-3 Summerway Overbridge occupation crossing

Summerway Overbridge occupation crossing

3.—(1) Regardless of anything in section 68 (accommodation works by the company) of the Railways Clauses Consolidation Act 18459as incorporated in the South Wales Railway Act 184510and the Great Western Railway Act 189511or any other enactment or instrument, all public or private rights of way (if any) between points A1 and A2, as shown on the land plan, over the former occupation crossing known as the Summerway Overbridge (Network Rail asset No. 133A) in the City and County of Newport are extinguished.

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

3 LAND PROVISIONS

PART 3

LAND PROVISIONS

S-4 Temporary possession of land

Temporary possession of land

4.—(1) Network Rail may, in connection with the carrying out of the authorised works, enter upon and take temporary possession of the land specified in columns (1) and (2) of the Schedule (land of which temporary possession may be taken) for the purposes specified in relation to that land in column (3) of that Schedule relating to the authorised works.

(2) Not less than 14 days before entering upon and taking temporary possession of land under this article Network Rail must serve notice of the intended entry on the owners and occupiers of the land.

(3) Network Rail may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the authorised works.

(4) Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of land, but Network Rail is not required to replace a building removed in connection with the carrying out of the authorised works.

(5) Network Rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

(7) Without affecting article 10 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2)12(further provision as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5).

(8) Where Network Rail takes possession of land under this article, Network Rail is not required to acquire the land or any interest in it.

S-5 Application of Part 1 of the 1965 Act

Application of Part 1 of the 1965 Act

5. Sections 1 (application of Part 1 and interpretation), 3 (acquisition by agreement in pursuance of compulsory purchase order) and 13 (refusal to give possession to acquiring authority) of the 1965 Act, in so far as not inconsistent with the provisions of this Order, apply to the temporary use of land under this Order to the same extent as they apply to a compulsory purchase to which the 1981 Act applies and as if this Order were a compulsory purchase order under that Act.

S-6 Suspension of private rights of way

Suspension of private rights of way

6.—(1) Subject to paragraph (3), all private rights of way over land of which Network Rail takes temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.

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

(3) Paragraph (1) has effect subject to—

(a)

(a) any notice given by Network Rail before Network Rail takes temporary possession of the land that paragraph (1) does not apply to any right of way specified in the notice; and

(b)

(b) any agreement which makes reference to this article (whether made before or after Network Rail takes temporary possession of the land and before or after the coming into force of this Order) between Network Rail and the person in or to whom the right of way in question is vested or belongs.

(4) If any such agreement as is mentioned in paragraph (3)(b) is expressed to have effect also for...

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