The Network Rail (Tinsley Chord) Order 2015

Made: 25th November 2015

Coming into force: 16th December 2015

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 4, 7 to 12 and 16 of Schedule 1 to, the 1992 Act makes the following Order—

PART 1 — PRELIMINARY

Citation and commencement

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This Order may be cited as the Network Rail (Tinsley Chord) Order 2015 and comes into force on 16th December 2015.

Interpretation

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• (1) In this Order—

• “the 1961 Act” means the Land Compensation Act 1961[^f00003];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00004];

• “the 1988 Act” means the South Yorkshire Light Rail Transit Act 1988[^f00005];

• “the 1989 Act” means the South Yorkshire Light Rail Transit Act 1989[^f00006];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00007];

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

• “authorised tramroad” means the extension of the LRT system authorised by this Order;

• “authorised works” means the scheduled work and any other works authorised by this Order;

• “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;

• “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form;

• “the Executive” means South Yorkshire Passenger Transport Executive;

• “the limits of deviation” means the limits of deviation for the scheduled works shown on the works and land plan;

• “the LRT system” means the light rail transit system comprising the railways authorised by the South Yorkshire Light Rail Transit Acts 1988 to 1993 including the railways designated as tramways by those Acts, and all works and conveniences provided in connection with any such railways, as constructed, extended or altered from time to time;

• “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” is to be construed accordingly;

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

• “the Order limits” means any limits of deviation and any additional limits of land to be acquired or used which are shown on the works and land plan;

• “owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981[^f00008];

• “the promoter” means the Executive and Network Rail together or either of them;

• “the scheduled works” means the works specified in Schedule 1 or any part of them;

• “the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;

• “the Sheffield to Rotherham railway” means the railway between Sheffield and Rotherham;

• “tramcar” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;

• “tramroad” means any part of a tramway which is not laid along a street or in any other place to which the public has access;

• “tramway” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which— provide support and guidance for vehicles carried on flanged wheels; and are laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);

• “the tribunal” means the Lands Chamber of the Upper Tribunal;

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

• “the works and land plan” means the plan certified by the Secretary of State as the works and land plan for the purposes of this Order.

• (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 air-space above its surface.

• (3) All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands are approximate, and distances between points on a scheduled work are taken to be measured along the scheduled work.

Incorporation of the Railways Clauses Act in relation to the authorised tramroad

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• (1) The following provisions of the Railways Clauses Consolidation Act 1845[^f00009] are incorporated in this Order and apply to the authorised tramroad—

• section 68 and 69 (accommodation works by company);

• section 71 (additional accommodation works by owners);

• sections 72 and 73 (supplementary provisions relating to accommodation works);

• section 75 (omitting to fasten gates);

• section 103[^f00010] (refusal to quit carriage at destination);

• section 105 (carriage of dangerous goods on railway); and

• section 145[^f00011] (recovery of penalties).

• (2) In those provisions as incorporated in this Order—

• “the company” means the promoter;

• “goods” includes anything conveyed on the authorised tramroad;

• “prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision; and

• “the special Act” means this Order.

• (3) The following enactments do not apply to the authorised tramroad—

• the Highway (Railway Crossings) Act 1839[^f00012];

• in the Railway Regulation Act 1842, section 9[^f00013]; and

• the Regulation of Railways Act 1889[^f00014].

Application of the 1988 Act and repeals

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• (1) Without affecting article 34 (application of general provisions of the 1988 Act and the 1989 Act) and subject to paragraph (2) the authorised tramroad is to be treated as part of the LRT system for the purposes of Part 2 of the 1988 Act and to the extent applicable for the purposes of, and not inconsistent with or varied by, the provisions of this Order, the provisions of Part 2 of the 1988 Act are incorporated into this Order.

• (2) Section 9(5)(b) (the minimum distance between passing carriages used on the tramways) of the 1988 Act is repealed.

PART 2 — WORKS PROVISIONS

Principal powers

Power to construct and maintain works

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• (1) The promoter may construct and maintain the scheduled works.

• (2) Subject to article 6 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the works and land plan and in accordance with the levels shown on the sections.

• (3) Subject to paragraph (5), the promoter 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 scheduled works, namely—

• (a) works to erect and construct buildings, electrical plant and machinery, apparatus and other works and conveniences as the promoter thinks fit;

• (b) works required for, or in connection with, the control of any traffic (including pedestrians) on the authorised works;

• (c) works required for the strengthening, alteration or demolition of any structure;

• (d) works to alter the position of apparatus, including mains, sewers, drains and cables;

• (e) works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse;

• (f) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works;

• (g) works for the benefit or protection of premises affected by the scheduled works; and

• (h) works to construct and maintain such number of lines of rails, sidings, switches and crossings as may be necessary.

• (4) Subject to paragraph (5), the promoter 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 scheduled works, other than works that would interfere with a navigable watercourse.

• (5) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on land specified in columns (1) and (2) of Schedule 2 for the purpose specified in relation to that land in column (3) of that Schedule.

• (6) The promoter may affix to any buildings for the time being constructed on any land for the purposes of the authorised tramroad—

• (a) any brackets, cables, wires, insulators and other apparatus required in connection with the construction, operation or maintenance of the authorised tramroad; and

• (b) any lamps, cameras, brackets, pipes, electric lines and other apparatus required for the provision of additional or substitute street lighting or closed circuit television in consequence of the construction, operation or maintenance of the authorised tramroad.

Power to deviate

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• (1) In constructing or maintaining any of the scheduled works, the promoter may—

• (a) deviate laterally from the lines or situations shown on the works and land plan to the extent of the limits of deviation for that work; and

• (b) deviate vertically from the levels shown on the sections—

• (i) to any extent not exceeding 3 metres upwards; or

• (ii) to any extent downwards as may be found to be necessary or convenient.

• (2) Without limitation on the scope of paragraph (1), in constructing and maintaining the scheduled works the promoter may within the limits of deviation deviate laterally from their points of commencement and termination shown on the works and land plans.

Supplemental powers

Accommodation crossing

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• (1) The promoter may construct the authorised tramroad so as to carry it on the level across the access track specified in Schedule 5 (accommodation crossing).

• (2) The promoter may in the exercise of the powers conferred by this article alter the level of the access track specified in Schedule 5.

Discharge of water

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• (1) The promoter may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

• (2) Any dispute arising from the exercise of the powers conferred by paragraph (1) to connect to or use a public sewer or drain is to be determined as if it were a dispute under section 106 of the Water Industry Act 1991[^f00015].

• (3) The promoter must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

• (4) The promoter must not make any opening into any public sewer or drain except—

• (a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

• (b) where that person has been given the opportunity to supervise the making of the opening.

• (5) The promoter must not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.

• (6) The promoter must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

• (7) The promoter must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension or any other polluting matter.

• (8) Nothing in this article obviates the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2016.

• (9) In this article—

• (a) “public sewer or drain” means a sewer or drain which belongs to the Environment Agency, an internal drainage board, a local authority or a sewerage company; and

• (b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991[^f00017] have the same meaning as in that Act.

Works to protect buildings, roads and apparatus of a statutory undertaker and the operation of the authorised works

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• (1) Subject to the following provisions of this article, the promoter may at its own expense carry out such protective works to—

• (a) any building;

• (b) any road; or

• (c) any apparatus of a statutory undertaker,

lying within the Order limits as the promoter considers to be necessary or expedient.

• (2) Protective works may be carried out—

• (a) at any time before or during the construction in the vicinity of the building, road or apparatus of any part of the authorised works; or

• (b) after the completion of the construction of that part of the authorised works in the vicinity of the building, road or apparatus at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.

• (3) For the purpose of determining how the functions under this article are to be exercised the promoter may (subject to paragraph (5)) enter and survey any building, go onto and survey any road or access and survey any apparatus falling within paragraph (1) and any land within the curtilage of the building or in which the apparatus is located.

• (4) For the purpose of carrying out protective works under this article to a building, road or apparatus the promoter may (subject to paragraphs (5) and (6))—

• (a) enter the building, go onto the road or access the apparatus and any land within the curtilage of the building or in which the apparatus is located; and

• (b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building (but outside its curtilage) or adjacent to the road or land in which the apparatus is located, enter the adjacent land (but not any building erected on it).

• (5) Before exercising—

• (a) a right under paragraph (1) to carry out protective works to a building, road or apparatus;

• (b) a right under paragraph (3) to enter a building, go onto a road or access apparatus and land within the curtilage of the building or in which the apparatus is located;

• (c) a right under paragraph (4)(a) to enter a building, go onto a road or access apparatus and land within the curtilage of the building or in which the apparatus is located; or

• (d) a right under paragraph (4)(b) to enter land,

the promoter must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

• (6) Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land or the owner of the road of apparatus concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 43 (arbitration).

• (7) The promoter must compensate the owners and occupiers of any building or land or the owner of the road or apparatus in relation to which the powers conferred by this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.

• (8) Where—

• (a) protective works are carried out under this article to a building, road or apparatus; and

• (b) within the period of 5 years beginning with the day on which the part of the authorised works construed in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the construction or operation of that part of the authorised works,

the promoter must compensate the owners and occupiers of the building, road or apparatus for any loss or damage sustained by them.

• (9) Without affecting article 42 (no double recovery) nothing in this article relieves the promoter from any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 Act.

• (10) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

• (11) In this article—

• “protective works” in relation to a building means— underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building, road or apparatus by the construction, maintenance or operation of the authorised works; any works the purpose of which is to remedy any damage which has been caused to the building, road or apparatus by the construction, maintenance or operation of the authorised works; and any works the purpose of which is to secure the safe operation of the authorised works or to prevent or minimise the risk of such operation being disrupted; and

• “road” includes any structures supporting the road.

Power to survey and investigate land

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• (1) The promoter may for the purposes of this Order—

• (a) survey or investigate any land shown within the Order limits or which may be affected by the authorised works;