The Port of Blyth (Battleship Wharf Railway) Order 2006
| Jurisdiction | UK Non-devolved |
2006 No. 1518
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Port of Blyth (Battleship Wharf Railway) Order 2006
Made 12th June 2006
Coming into force 3rd July 2006
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 20001for an Order under section 1 of the Transport and Works Act 19922(“the 1992 Act”);
The objection to that application has been withdrawn;
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;
Notice of the Secretary of State’s determination was published in the London Gazette on 9th June 2006;
Accordingly, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1, 2, 7, 8 and 16 of Schedule 1 to, the 1992 Act makes the following Order:—
Citation and commencement
1. This Order may be cited as the Port of Blyth (Battleship Wharf Railway) Order 2006 and shall come into force on 3rd July 2006.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19613;
“the 1991 Act” means the New Roads and Street Works Act 19914;
“address” includes any number or address used for the purposes of electronic transmission;
“authorised works” means the railway and any other works authorised by this Order;
“the Commissioners” means the Blyth Harbour Commissioners;
“the deposited plans” and “the deposited sections” mean the plans and sections certified by the Secretary of State as the deposited plans and sections prepared in pursuance of rule 12(1) and (3) respectively of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 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” and “highway authority” have the same meaning as in the Highways Act 19805;
“the limits of deviation” means the limits of deviation for the railway shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;
“Network Rail” means Network Rail Infrastructure Limited;
“the railway” means the railway authorised to be constructed by article 5(1) or any part of it;
“the street” means North Blyth Road in the district of Wansbeck and includes part of that road;
“street authority”, in relation to the street, has the same meaning as in Part III of the 1991 Act; and
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.
(2) All points, lengths and other measurements stated in the Order (other than the limits of deviation) shall be construed as if the words “or thereabouts” were inserted after each such point, length or other measurement.
Incorporation of Railways Clauses Acts
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18456shall be incorporated in this Order—
section 58 (company to repair roads used by them), except for the words from “if any question” to the end;
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 19237;
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties); and
section 154 (transient offenders).
(2) Section 5 of the Railways Clauses Act 18638(level crossings) shall be incorporated in this Order.
(3) In those provisions, as incorporated in this Order—
“the company” means the Commissioners;
“goods” includes any thing conveyed on the railway;
“the railway” means any railway authorised to be constructed by this Order and any other authorised works; and
“the special Act” means this Order;
(4) The following enactments shall not apply to the railway—
(a)
(a) the Highway (Railway Crossings) Act 18399; and
(b)
(b) section 9 of the Railway Regulation Act 184210.
Application of the 1991 Act
4.—(1) The provisions of the 1991 Act mentioned in paragraph (2) which, together with other provisions of that Act, apply in relation to the execution of street works and any regulations made or code of practice issued or approved under those provisions shall apply (with the necessary modifications) in relation to the temporary stopping up, alteration or diversion of the street by the Commissioners under the powers conferred by this Order whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.
(2) The provisions of the 1991 Act referred to in paragraph (1) are—
section 54 (advance notice of certain works), subject to paragraph (3);
section 55 (notice of starting date of works), subject to paragraph (3);
section 57 (notice of emergency works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 68 (facilities to be afforded to street authority);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route); and
all such other provisions as apply for the purposes of the provisions mentioned above.
(3) Sections 54 and 55 of the 1991 Act as applied by paragraph (1) shall have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case maybe) required in a case of emergency.
Power to construct and maintain railway
5.—(1) The Commissioners may construct and maintain a railway (1,100 metres in length) in the district of Wansbeck in the county of Northumberland commencing by a junction with the existing railway of Network Rail authorised by the North Eastern Railway Act 189311(Railway 2) at ordnance survey national grid reference point NZ430748583426 and extending in a southerly direction, crossing North Blyth Road on the level and terminating in the Port of Blyth at Battleship Wharf at ordnance survey national grid reference point NZ431162582450.
(2) Subject to article 6, the railway may only 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), the Commissioners may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the railway, namely—
(a)
(a) works to alter the position of apparatus, including mains, sewers, drains and cables; and
(b)
(b) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the railway.
(4) Subject to paragraph (5), the Commissioners may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the railway, other than works that would interfere with a navigable watercourse.
(5) Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works within the limits of deviation.
Power to deviate
6. In constructing or maintaining the railway, the Commissioners may—
(a) deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation for the railway; and
(b) deviate vertically from the levels shown on the deposited sections—
(i) to any extent not exceeding 1 metre upwards; or
(ii) to any extent not exceeding 2 metres downwards.
Level crossing
7.—(1) The Commissioners may construct the railway so as to carry it with a single line of rails on the level across North Blyth Road within the limits of deviation.
(2) The Commissioners may in the exercise of the powers conferred by this article alter the level of North Blyth Road.
(3) The highway authority and the Commissioners may enter into agreements with respect to the construction and maintenance of the level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
Power to execute street works
8.—(1) The Commissioners may, for the purposes of the authorised works, enter upon so much of the street as is within the limits of deviation for the railway and...
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