SCHEDULE 1
Article 2(a)
MODEL CLAUSES FOR RAILWAYS
MODEL CLAUSES
PART I
PRELIMINARY
Interpretation
In this Order, unless the context otherwise requires—
“the 1965 Act” means the1Compulsory Purchase Act 1965;
“the Applications Rules” means the2Transport and Works (Applications and Objections Procedure) Rules 1992;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference described in rule 7(5) of the Applications Rules prepared in connection with the application for this Order;
“highway” and “highway authority” have the same meaning as in the3Highways Act 1980;
“the land plan” means the plan described in rule 7(3) of the Applications Rules prepared in connection with the application for this Order and references to land shown on that plan are references to land so shown in pursuance of that rule;
“maintain” includes inspect, repair, adjust, alter, 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 scheduled works” means the works specified in Schedule 1 to this Order;
“the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order;
“street” means a street within the meaning of section 67(1)(a) of the4Transport and Works Act 1992 and includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the5New Roads and Street Works Act 1991;
“the tribunal” means the Lands Tribunal;
“the undertaker” means [];
“the works plan” means the plan described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order.
Where the book of reference, the sections, the land plan or the works plan was or were revised before this Order was made, any reference to it or them in this Order is to the latest version as certified under article 31 (certification of plans etc.) below.
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 air-space over its surface.
Incorporation of Railways Clauses Acts
The following provisions of the6Railways Clauses Consolidation Act 1845 shall be incorporated in this Order—
section 24 (obstructing construction of railway);
section 46 (crossing of roads—level crossings);
section 47 (provision in cases where roads are crossed on a level);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates):
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the7Mines (Working Facilities and Support) Act 1923;
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties);
section 152 (damage to property of company to be made good), except for the words from “and the amount of such damages” to the end; and
section 154 (transient offenders).
The following provisions of the8Railways Clauses Act 1863 shall be incorporated in this Order—
sections 5, 6 and 7 (level crossings); and
section 12 (signals, watchmen etc.).
In those provisions, as incorporated in this Order—
“the company” means the undertaker;
“goods” includes any thing conveyed on the railways authorised to be constructed by this Order;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any others authorised works;
“the special Act” means this Order;
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.
In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.
PART II
WORKS PROVISIONS
Principal powers
Power to construct works
The undertaker may construct and maintain the scheduled works.
Subject to article 4 (power to deviate) below, the scheduled works shall be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the sections.
Subject to paragraph (5) below, the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely—
works to alter the position of apparatus, including mains, sewers, drains and cables,
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works, and
works for the benefit or protection of premises affected by the scheduled works.
Subject to paragraph (5) below, the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
Paragraphs (3) and (4) above—
shall only authorise the carrying out or maintenance of works outside the [limits of deviation for][lines or situations of]the scheduled works shown on the works plan if the works are carried out on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule, and
shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
NOTE In paragraph (5)(a)—second set of square bracketed words to be used, instead of first, if version B of article 15 (power to acquire land) is adopted.
Power to deviate
In constructing or maintaining any of the scheduled works, the undertaker may—
deviate laterally from the lines or situations shown on the works plan within the limits of deviation for that work shown on that plan, and
deviate vertically from the levels shown on the sections—
to any extent not exceeding [] upwards, or
to any extent not exceeding [] downwards.
NOTE Words in square brackets to be omitted if version B of article 15 (power to acquire land) is adopted.
Streets
Power to execute street works
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 for][lines or situations of] the scheduled works shown on the works plan and may—
place apparatus in the street,
maintain apparatus in the street or change its position, and
execute any works required for or incidental to any works referred to in sub-paragraphs (a) and (b) above (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
This article is subject to paragraph 3 of Schedule 9 (provisions relating to statutory undertakers etc.) to this Order.
In this article “apparatus” has the same meaning as in Part III of the9New Roads and Street Works Act 1991.
NOTE In paragraph (1)—second set of square bracketed words to be used, instead...
