The Network Rail (Waverley Steps) Order 2010
| Jurisdiction | Scotland |
| Citation | SSI 2010/188 |
| Year | 2010 |
2010 No. 188
Transport And Works
Transport
The Network Rail (Waverley Steps) Order 2010
Made 11th May 2010
Coming into force 1st June 2010
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1(1), 2(1), (3) and (4) and 28(6) of, and paragraphs 1 to 8, 10, 11, 17 and 18 of schedule 1 to, the Transport and Works (Scotland) Act 20071and all other powers enabling them to do so.
In accordance with section 2(7) of that Act they are satisfied that the provision of an alternative right of way is not required for any public right of passage over land extinguished by article 8(1) of this Order.
In accordance with rules2made under section 4 of that Act an application for this Order has been made to them.
They have caused an inquiry to be held under section 9(1) of that Act and in accordance with section 8(4) of that Act they have taken into consideration the report of the person who held the inquiry.
In accordance with section 11(2)(b) of that Act they have determined to make this Order with modifications which in their opinion do not make a substantial change in the proposals.
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Network Rail (Waverley Steps) Order 2010 and comes into force on 1st June 2010.
Interpretation
2.—(1) In this Order—
“the 1845 Lands Act” means the Lands Clauses Consolidation (Scotland) Act 18453;
“the 1963 Act” means the Land Compensation (Scotland) Act 19634;
“the 1984 Act” means the Roads (Scotland) Act 19845;
“the 1991 Act” means the New Roads and Street Works Act 19916;
“the 1997 Act” means the Town and Country Planning (Scotland) Act 19977;
“the 2003 Act” means the Title Conditions (Scotland) Act 20038;
“the 2007 Act” means the Transport and Works (Scotland) Act 20079;
“the authorised works” means the scheduled works and any other works authorised by this Order;
“the Balmoral Hotel” means 1 Princes Street, Edinburgh EH2 2EQ as registered in the Land Register of Scotland under Title No. MID5396;
“benefited property” has the meaning given by section 122(1) of the 2003 Act;
“the book of reference” means the book of reference certified by the Scottish Ministers as the book of reference for the purposes of this Order and deposited at the offices of the Scottish Ministers, Victoria Quay, Edinburgh, EH6 6QQ;
“building” includes any structure or erection or any part of a building, structure or erection;
“burdened property” has the meaning given by section 122(1) of the 2003 Act;
“constitutive deed” has the meaning given by section 122(1) of the 2003 Act;
“construction” includes execution, placing, altering, renewal, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation; and “construct” and “constructed” shall be construed accordingly;
“in” in a context referring to apparatus or alternative apparatus in land, includes under, over or upon land;
“the limits of deviation” means the limits for the scheduled works shown on sheet no. 1 of the Order plans;
“Network Rail” means Network Rail Infrastructure Limited (company no. 2904587) whose registered office is at Kings Place, 90 York Way, London N1 9AG;
“operational land” has the meaning given by section 215 of the 1997 Act10;
“the Order limits” means—
(a) the limits of deviation; and
(b) the limits of land to be acquired or used shown on sheet no. 1 of the Order plans;
“the Order plans” means the plans certified by the Scottish Ministers as the Order plans for the purposes of this Order and deposited at the offices of the Scottish Ministers, Victoria Quay, Edinburgh, EH6 6QQ;
“the Order sections” means the sections certified by the Scottish Ministers as the Order sections for the purposes of this Order and deposited at the offices of the Scottish Ministers, Victoria Quay, Edinburgh, EH6 6QQ;
“Princes Mall” means 3 Princes Street, Edinburgh EH2 2QP as described in a Notice of Title in favour of the City of Edinburgh District Council recorded in the Division of the General Register of Sasines applicable to the county of Midlothian on 29th March 1982;
“private rights” means rights of any sort that are vested in a person but not in the general public;
“real burden” has the meaning given by section 122(1) of the 2003 Act;
“roads authority” has the meaning given by section 151(1) of the 1984 Act11;
“the road works authority” has the meaning given by section 108 of the 1991 Act12;
“the scheduled works” means the works described in Schedule 1;
“the tribunal” means the Lands Tribunal for Scotland; and
“Waverley Steps” means the existing flight of steps within plots nos. 1 and 11, between points P1 and P2.
(2) Any reference to “ancillary works” is to any works referred to in article 3(3).
(3) Any reference to an “interest” in land shall be construed as a reference to a right in land and as including a reference to ownership of land.
(4) Any reference to a numbered work is to the scheduled work so numbered, and includes any ancillary works which are ancillary to that scheduled work.
(5) Any reference to a numbered plot or to a point is to the plot or point so numbered on sheet no. 1 of the Order plans.
PART 2
WORKS PROVISIONS
Principal Powers
Power to construct, operate and maintain works
3.—(1) Network Rail may construct, operate and maintain the scheduled works.
(2) Subject to article 4, the scheduled works may only be constructed in the lines or situations shown on sheet no. 1 of the Order plans and in accordance with the levels shown on the Order sections.
(3) Subject to paragraph (5), Network Rail may carry out, operate and maintain such ancillary works of the sort broadly described in Schedule 2 as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction or use of the scheduled works.
(4) Network Rail may carry out ancillary works of the sort broadly described in paragraph 7 of Schedule 2 to provide for, or share with, the apparatus or street furniture of any other person, and may permit the use of those works on terms and conditions agreed with that other person.
(5) Paragraph (3) only authorises the carrying out, operation or maintenance of ancillary works of the sort broadly described—
(a)
(a) in paragraphs 2 and 8 of Schedule 2 within the limits of deviation; and
(b)
(b) in paragraphs 1, 3, 9 and 11 of that Schedule within the Order limits.
Permitted deviation
4. In constructing or maintaining any scheduled work Network Rail may—
(a) deviate laterally from the lines or situations shown on sheet no. 1 of the Order plans within the limits of deviation for that work shown on that sheet; and
(b) deviate vertically from the levels shown on the Order sections—
(i) in the case of Work No. 1, upwards by a maximum of 0.5 metres;
(ii) in the case of Work No. 3, upwards by a maximum of 1.5 metres; and
(iii) in the case of so much of Work No. 1 as is within plots nos. 1 and 11, and Work No. 3, to any extent downwards.
Power to execute road works
5.—(1) For the purpose of exercising the powers conferred by this Order to construct and maintain any scheduled work having a junction with a road13, Network Rail may enter upon any road and execute any works required for or incidental to the exercise of those powers.
(2) In exercise of the powers of paragraph (1) Network Rail may break up or open the road, or any sewer, drain or tunnel under it, may tunnel or bore under or open the road and may remove and use the soil or other materials in the road.
Access to works
6.—(1) Network Rail may, for or in connection with the authorised works, form and lay out means of access, or improve existing means of access, to or from any public road—
(a)
(a) at the points shown on sheet no. 1 of the Order plans; and
(b)
(b) in such other location or locations within the Order limits as may be approved by the roads authority.
(2) Approval of the roads authority under paragraph (1)(b) shall not be unreasonably withheld or delayed and any dispute as to whether an approval has been unreasonably withheld or delayed shall, unless the parties otherwise agree, be determined by arbitration.
Agreements with roads authority
7.—(1) Where this Order authorises the execution of road works, Network Rail may enter into agreements with the roads authority concerning the construction (or contribution towards the expense of construction) of those road works and any related matters.
(2) Network Rail may, by agreement with the roads authority, delegate to that authority the power of executing the road works.
Permanent stopping up of road
8.—(1) Subject to the provisions of this article, Network Rail may, in connection with the construction of Work No. 1, stop up Waverley Steps.
(2) Not less than seven days before stopping up Waverley Steps under this article Network Rail shall place notices of the stopping up in conspicuous positions at either end of Waverley Steps.
(3) Network Rail shall take all reasonable steps to secure that the notices displayed in accordance with paragraph (2) shall continue to be displayed in a legible form throughout the seven days preceding the stopping up under this article.
(4) On the stopping up of Waverley Steps under this article all rights of passage over Waverley Steps (other than any such right created under this Order) shall be extinguished.
(5) Where a private right of passage is exercisable over land, in addition to Waverley Steps, which is within Network Rail’s operational land outside the Order limits, the right extinguished by paragraph (4) shall be the whole of that right as affecting all the operational land...
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