The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022

(1) Area	(2) Accommodation facility to be discontinued	(3) Private right of way to be extinguished	(4) Accommodation facility to be substituted
County of West Yorkshire, District of Kirklees	Parks (MVL4) Overbridge 1	Within the limits of deviation	Accommodation access and Work No. 11
	Parks (MVL3) Overbridge 110	Within the limits of deviation	Accommodation access and Work No. 11
	Occupation (MDL1) Underbridge 10	Within the limits of deviation	Accommodation access from Calder Bank Road

PART 2 — ACCOMMODATION CROSSINGS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Accommodation facility to be discontinued	(3) Private right of way to be extinguished
County of West Yorkshire, District of Kirklees	Span 4 of B6118 Bridge Road (MVL3) Overbridge 107	Within the limits of deviation
	Helm Lane (MVN2) Underbridge 188	Within the limits of deviation
	Lees Hall Farm (MVN2) Underbridge 204	Within the limits of deviation
	Toad Holes, Dewsbury (MDL1) Underbridge 12	Within the limits of deviation
	Ming Hill (MDL1) Underbridge 14	Within the limits of deviation

SCHEDULE 9 — LAND SUBJECT TO IMPOSITION OF RESTRICTIVE COVENANTS

(1) Area	(2) Number of land shown on the deposited plan	(3) Purpose for which restrictive covenants may be imposed
County of West Yorkshire, District of Kirklees	9-017, 9-029, 9-033, 9-043, 9-047, 9-050 and 9-053	Protection and maintenance of railway strengthening and stabilisation works
	9-131	Protection and maintenance of railway and railway electrical equipment

SCHEDULE 10 — ACQUISITION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS ONLY

(1) Area	(2) Number of land shown on the deposited plan	(3) Purpose for which rights may be acquired and restrictive covenants may be imposed
County of West Yorkshire, District of Kirklees	2-014, 2-015, 2-016 and 2-017	Provision of maintenance access for the authorised works
	3-091 and 3-091b	Provision of maintenance access for the authorised works and imposition of restrictive covenants for the protection of the operation of the maintenance access
	3-091a	Provision of maintenance access for the authorised works and imposition of restrictive covenants for the protection and maintenance of railway electrical equipment
	3-091c and 3-111	Provision of maintenance access for the authorised works
	3-147, 3-160, 4-012, 4-015, 4-020, 4-027, 4-041, 4-046, 4-049, 4-050, 4-055, 4-056, 4-061, 4-070, 4-072, 4-074, 4-084, 4-089, 4-094, 4-097, 4-101, 4-109, 4-112, 5-003a, 5-006a, 5-007, 5-014, 5-015, 5-021, 5-026, 5-030, 5-041, 5-042, 5-046, 5-053, 5-060, 5-066, 5-072, 5-078, 5-081, 5-084 and 5-090	Provision of maintenance access for the authorised works and attachment and maintenance of electrical equipment to the railway viaduct
	9-056 and 9-079	Provision of maintenance access for vehicle restraint barrier and fencing works
	9-135	Provision of maintenance access for the authorised works and imposition of restrictive covenants for the protection and maintenance of railway and railway electrical equipment
	10-001, 10-002, 10-003, 10-034, 10-044, 10-046, 10-047 and 10-049	Provision of maintenance access for vehicle restraint barrier and fencing works
	10-010	Provision of maintenance access for the authorised works, vehicle restraint barrier works and fencing works and imposition of restrictive covenants for the protection and maintenance of railway and railway electrical equipment
	10-051, 10-052 and 10-055	Provision of construction access for the authorised works and provision of maintenance access for vehicle restraint barrier and fencing works
	10-063, 10-064 and 11-004	Provision of construction access for the authorised works and utility diversions and provision of maintenance access for vehicle restraint barrier and utility works
	11-007	Provision of maintenance access for vehicle restraint barrier and utility works
	11-014	Provision of construction and maintenance access for the authorised works
	11-065, 11-074, 12-007 and 12-010	Provision of maintenance access for the authorised works
	13-013	Provision for maintenance of track drainage works
	13-049	Provision for maintenance of the authorised works
	14-007	Provision of construction access for the authorised works
	15-003	Provision of construction and maintenance access for the authorised works
	15-006 and 15-007	Provision for maintenance of the authorised works
	15-011 and 15-013	Provision for construction and maintenance of the authorised works
	15-017	Provision of construction and maintenance access for the authorised works
	15-023, 15-024, 15-025, 15-027, 15-029, 15-030, 15-033, 15-036, 15-038, 15-041, 15-043, 16-002, 16-005, 16-006, 16-011, 16-014, 16-016, 18-011, 18-015, 18-018, 18-020 and 18-025	Provision of maintenance access for the authorised works and attachment and maintenance of electrical equipment to the railway viaduct
	15-031 and 16-031	Provision of maintenance access for the authorised works
	15-034	Provision of construction and maintenance access for the authorised works
	16-022	Provision of maintenance access for vehicle restraint barrier and fencing works
	16-059, 16-061, 16-063 and 16-064	Provision of construction and maintenance access for the authorised works
	18-030, 18-031, 18-033 and 18-037	Provision of maintenance access for the authorised works
	21-097, 21-098, 21-099, 21-100, 23-001, 23-002, 23-003, 23-005, 23-007, 23-008, 23-010, 23-013, 23-015, 23-016 and 23-017	Oversailing of electric cables
	23-051, 23-054, 23-058, 23-072, 24-006 and 24-008	Provision of maintenance access for the authorised works
	25-051	Provision of maintenance access for vehicle restraint barrier and fencing work

SCHEDULE 11 — IMPOSITION OF RESTRICTIVE COVENANTS ONLY

(1) Area	(2) Number of land shown on the deposited plan	(3) Purpose for which restrictive covenants may be imposed
Country of West Yorkshire, District Kirklees	3-084	Protection and maintenance of railway electrical equipment

SCHEDULE 12 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS OR IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) —Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the following modification set out in sub-paragraph (2).

• (2) For section 5A(5A)[^f00083] (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enter on land for the purposes of exercising a right or enforcing a restrictive covenant in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 12 to the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (“the 2022 Order”)); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 12 to the 2022 Order) to acquire an interest in the land; and (c) the acquiring authority enter on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right or enforcing that covenant.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00084] has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

• (a) for the words “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

• (b) for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by article 27 (application of Part 1 of the 1965 Act) to the acquisition of land under article 26 (power to acquire land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant, under article 29(1), (2), (4) or (5) (power to acquire new rights), article 30 (power to acquire ground anchor rights) and article 31 (power to acquire subsoil and imposition of restrictive covenants)—

• (a) with the modification specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable.

• (3) For section 7 (measure of compensation in the case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or imposition of the restrictive covenant, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

• (5) Section 11 (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 27), it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12[^f00085] (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

• (6) Section 20[^f00086] (tenants at will etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act (as modified by article 27(7) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A to the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restrictive covenant affecting the whole or part of a house, building or factory. (2) But see articles 30(3) (power to acquire ground anchor rights), 31(4) (power to acquire subsoil and imposition of restrictive covenants) and 32(4) (power to acquire subsoil or airspace only) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022, which exclude acquisition with respect to the acquisition of ground anchor rights and imposition of restrictive covenants only, the acquisition of subsoil and imposition of restrictive covenants only and the acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of its decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 13 — POWER TO ACQUIRE GROUND ANCHOR RIGHTS

(1) Area	(2) Number of land shown on the deposited plans
County West Yorkshire District of Kirklees	9-015, 9-016, 9-018, 9-020, 9-021, 9-031, 9-035, 9-039, 9-054, 9-059, 9-061, 9-062, 9-065, 9-067, 9-068, 9-069, 9-070, 9-071, 9-072, 9-073, 9-074, 9-075, 9-076, 9-078, 18-028 and 18-038

SCHEDULE 14 — ACQUISITION OF SUBSOIL

(1) Area	(2) Number of land shown on the deposited plans	(3) Purpose of acquisition
County of West Yorkshire, District of Kirklees	3-028, 3-029, 3-030, 3-031, 3-034, 3-036, 3-040, 3-041, 3-043, 3-045, 3-047, 3-049, 3-052, 3-056, 3-058, 3-060, 3-064, 3-067, 3-068, 3-071, 3-072, 3-073, 3-076, 3-081, 3-082, 3-085, 3-086, 3-089, 3-095, 3-099, 3-100, 3-105, 3-106 and 3-107	Railway strengthening and stabilisation works

SCHEDULE 15 — LAND OF WHICH ONLY SUBSOIL MAY BE ACQUIRED

(1) Area

(2) Number of land shown on the deposited plans

County West Yorkshire, District of Kirklees

2-009a, 2-010a, 2-021, 2-022, 2-024, 2-030, 2-036, 2-037, 2-038, 2-038b, 2-040, 2-040b, 2-041, 2-045, 2-049, 2-050, 2-051, 2-052, 2-053, 2-054, 2-055, 2-056, 2-057, 2-058, 2-059, 2-060, 2-061, 2-062, 2-063, 2-064, 2-065, 2-066, 2-067, 2-068, 2-069, 2-070, 2-071, 2-072, 2-073, 2-074, 2-075, 2-076, 2-077, 2-078, 2-079, 2-080, 2-081, 2-082, 2-083, 2-084, 2-085,02-086, 2-087, 2-088, 2-089, 2-090, 2-091, 2-092, 2-093, 2-094, 2-095, 2-096, 2-097, 2-098, 2-099, 2-100, 2-101, 2-102, 2-103, 2-104, 2-105, 2-106, 2-107, 2-108, 2-109, 2-111, 2-112, 2-113, 2-114, 2-116, 2-117, 2-118, 2-119, 2-120, 2-121, 2-122, 2-123, 2-124, 2-125, 2-126, 2-127, 2-128, 2-129, 2-131, 2-132, 2-133, 2-134, 2-135, 2-136, 2-137, 2-138, 2-139, 2-140, 2-141, 2-142, 2-143, 3-001, 3-002, 3-003, 3-004, 3-005, 3-006, 3-007, 3-008, 3-009, 3-010, 3-011, 3-012, 3-013, 3-014, 3-015, 3-016, 3-017, 3-018, 3-019, 3-020, 3-021, 3-022, 3-023, 3-024, 3-025, 3-026, 3-027, 3-032, 3-033, 3-035, 3-044, 3-046, 3-050, 3-077, 3-080, 3-083, 3-087, 3-088, 3-092, 3-096, 3-098, 3-101, 3-102, 3-103 and 3-104

SCHEDULE 16 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Number of land shown on the deposited plans	(3) Purpose for which temporary possession may be taken	(4) Authorised works
County of West Yorkshire, District of Kirklees	1-002, 1-005, 1-009 and 1-010	Access for construction	Work Nos. 1A and 1B
	1-003, 1-004, 1-007 and 1-008	Working site and access for construction	Work Nos. 1A and 1B
	2-001, 2-012, 2-020, 2-025, 2-026, 2-027, 2-028, 2-029, 2-031, 2-032, 2-033 and 2-035	Working site and access for construction	Work Nos. 1A and 1B
	2-014, 2-015, 2-016, 2-017 and 2-018	Access for construction	Work Nos. 1A and 1B
	2-110, 2-112, 2-115, 2-122, 2-124, 2-125, 2-126, 2-127, 2-128, 2-130, 2-131, 2-132, 2-133, 2-134, 2-136, 2-137, 2-138 and 2-139	Working site for construction	Work Nos. 1A and 1B
	3-041, 3-043, 3-044, 3-045, 3-046, 3-047, 3-049, 3-061, 3-062, 3-066, 3-071, 3-072, 3-073, 3-075, 3-076, 3-077, 3-080, 3-081, 3-085, 3-088, 3-089 and 3-109	Utility diversion works	Work Nos. 1A, 1B and 1C
	3-055, 3-074, 3-112, 3-123, 3-124, 3-127, 3-129, 3-130, 3-131, 3-132, 3-133, 3-135, 3-137, 3-138, 3-139, 3-140, 3-141, 3-142, 3-143 and 3-153	Working site and access for construction	Work No. 1C
	3-069, 3-070, 3-078, 3-079, 3-108, 3-146 and 3-154	Access for construction	Work No. 1C
	3-082 and 3-115	Working site for construction and utility diversion works	Work No. 1C
	3-083	Utility diversion works	Work No. 1C
	3-086, 3-092, 3-106 and 3-107	Working site for construction and utility diversion works	Work Nos. 1A, 1B and 1C
	3-091, 3-091a, 3-091b, 3-091c, 3-111, 3-147, 3-160, 3-161 and 3-162	Working site for construction	Work No. 1C
	4-001, 4-002, 4-003, 4-005, 4-010, 4-011, 4-012, 4-015, 4-020, 4-027, 4-028, 4-034, 4-035, 4-054, 4-064, 4-069, 4-073, 4-081, 4-090, 4-093 and 4-099	Working site and access for construction	Work No. 1C
	4-004, 4-006, 4-007, 4-008, 4-009, 4-017, 4-019, 4-025, 4-026 and 4-033	Working site and access for construction and temporary protective works to buildings	Work No. 1C
	4-039, 4-041, 4-043, 4-046, 4-049, 4-050, 4-055, 4-056, 4-060, 4-061, 4-063, 4-070, 4-072, 4-074, 4-076, 4-077, 4-078, 4-084, 4-086, 4-088, 4-089, 4-094, 4-097, 4-101, 4-109, 4-111 and 4-112	Working site for construction	Work No. 1C
	4-053	Access for construction	Work No. 1C
	5-001, 5-002, 5-002a, 5-003a, 5-003b, 5-008, 5-008a, 5-008b, 5-014, 5-017 and 5-042	Working site for construction	Work No. 1C
	5-005, 5-006a, 5-007, 5-010, 5-015, 5-016, 5-018, 5-021, 5-024, 5-025, 5-026, 5-027, 5-030, 5-031, 5-032, 5-033, 5-034, 5-036, 5-038, 5-039, 5-040, 5-041, 5-044, 5-046, 5-047, 5-048. 5-051, 5-052, 5-053, 5-054, 5-055, 5-056, 5-059, 5-060, 5-061, 5-063, 5-065, 5-066, 5-067, 5-068, 5-071, 5-072, 5-073, 5-076, 5-077, 5-078, 5-081, 5-084, 5-090, 5-091, 5-092, 5-093 and 5-094	Working site and access for construction	Work No. 1C
	6-003	Working site and access for construction	Work No. 2
	6-008	Working site and access for construction	Work No. 2B
	6-014, 6-019, 6-020 and 6-024	Working site and access for construction	Work Nos. 2, 2A and 2B
	6-015 and 6-016	Working site and access for construction	Work Nos. 2 and 5
	6-017	Working site and access for construction	Work Nos. 2A and 2B
	6-018, 6-033, 6-050 and 6-054	Access for construction	Work No. 2
	7-005, 7-012, 7-014, 7-016, 7-019, 7-020, and 7-023	Working site and access for construction	Work Nos. 2 and 2C
	7-006, 7-007, 7-008, 7-009, 7-010 and 7-011	Access for construction	Work Nos. 2 and 2C
	7-013, 7-024, 7-025 and 7-027	Working site and access for construction	Work No. 2
	7-021	Access for construction	Work No. 2
	7-028, 7-029, 7-030, 7-031, 7-032, 7-047, 7-049 and 7-050	Working site for construction	Work Nos. 2 and 3
	7-043, 7-044, 7-045, 7-046 and 7-048	Working site and access for construction	Work Nos. 2 and 3
	7-051, 7-052 and 7-053	Access for construction	Work Nos. 2 and 3
	8-001, 8-002, 8-008 and 8-009	Working site and access for construction	Work Nos. 2 and 3
	8-006	Working site and access for construction	Work Nos. 2, 3 and 4
	8-007 and 8-010	Access for construction	Work Nos. 2 and 3
	8-015, 8-016, 8-018, 8-022 and 8-024	Working site and access for construction	Work Nos. 2 and 4
	8-017, 8-019, 8-020, 8-021 and 8-027	Access for construction	Work Nos. 2 and 4
	8-025	Working site and access for construction	Work Nos. 2, 4 and 5
	8-031	Working site and access for construction	Work Nos. 5 and 6
	9-001, 9-005, 9-006 and 9-077,	Working site and access for construction	Work Nos. 5 and 6
	9-007, 9-007a and 9-011	Working site and access for construction and utility diversion works	Work No. 6
	9-020, 9-021 and 9-031	Working site for construction	Work Nos. 5 and 6
	9-056 and 9-079	Working site and access for construction and vehicle restraint barrier works	Work Nos. 5 and 6
	9-061, 9-063 and 9-066	Working site for construction	Work No. 5
	9-080, 9-128, 9-130, 9-131a, 9-132, 9-133 and 9-135	Working site and access for construction	Work No. 5
	9-081, 9-082, 9-093 and 9-094	Working site and access for construction	Work Nos. 5 and 7
	9-083, 9-084, 9-085, 9-086, 9-087, 9-088, 9-090 and 9-127	Working site for construction	Work Nos. 5 and 7
	9-097	Working site for construction	Work No. 7
	10-001 and 10-002	Working site and access for construction and vehicle restraint barrier works	Work No. 5
	10-003, 10-004, 10-006, 10-007, 10-010, 10-015, 10-016, 10-044 and 10-046	Working site and access for construction	Work No. 5
	10-009 and 10-012	Access for construction	Work No. 5
	10-024, 10-027, 10-030, 10-032, 10-033, 10-034, 10-043 and 10-045	Working site and access for construction	Work Nos. 5 and 8
	10-042	Working site and access for construction and creation of a new public right of way (cycleway)	Work Nos. 5 and 8
	10-047 and 10-049	Working site and access for construction and vehicle restraint barrier works	Work No. 5
	10-053	Working site and access for construction	Work Nos. 5, 8 and 9A
	10-061	Working site and access for construction	Work Nos. 5 and 9A
	10-062	Access for construction	Work Nos. 5, 8 and 9A
	11-002, 11-007 , 11-008, 11-010, 11-011, 11-014, 11-057, 11-058, 11-060, 11-067, 11-074, 11-075 and 11-078	Working site and access for construction	Work No. 9A
	11-015, 11-017, 11-018, 11-020 and 11-023	Working site and access for construction and utility diversion works	Work No. 10
	11-019, 11-022, 11-033 and 11-040	Working site and access for construction	Work Nos. 9A and 10
	11-025	Working site and access for construction and utility diversion works	Work Nos. 9A and 10
	11-032, 11-055, 11-070 and 11-071	Access for construction	Work No. 9A
	11-034, 11-035 and 11-039	Access for construction and environmental mitigation works	Work No. 9A
	11-048, 11-056, 11-063, 11-065, 11-068, 11-072, 11-076, 11-077, 11-079, 11-080, 11-081, 11-082, 11-083, 11-084, 11-085, 11-086¸ 11-087, 11-088, 11-089 and 11-091	Working site and access for construction and utility diversion works	Work No. 9A
	11-090 and 11-092	Access for construction	Work Nos. 9A, 9B, 9C and 11
	12-001, 12-007, 12-008, 12-009 and 12-010	Working site and access for construction	Work Nos. 9A, 9B and 9C
	12-013, 12-014 and 12-061	Working site and access for construction	Work Nos. 9A and 9B
	12-017 and 12-019	Working site and access for construction	Work Nos. 9A, 9B, 9C and 11
	12-028, 12-037, 12-052, 12-058 and 12-059	Working site and access for construction	Work Nos. 9B, 9C and 11
	12-031	Working site and access for construction and temporary highway works	Work Nos. 9B, 9C and 11
	12-032, 12-034, 12-055 and 12-057	Access for construction	Work Nos. 9B, 9C and 11
	12-045, 12-053 and 12-056	Access for construction	Work No. 9C
	12-049	Access for construction and highway alteration works	Work Nos. 9B, 9C and 11
	12-054	Working site and access for construction	Work No. 9C
	12-065 and 13-001	Environmental mitigation works	Work Nos. 9B and 9C
	13-002 and 13-011	Working site and access for construction	Work Nos. 9B, 9C, 11A and 11B
	13-013	Working site and access for construction	Work No. 9C
	13-015, 13-049 and 13-071	Working site and access for construction	Work No. 12
	13-049	Working site and access for construction	Work Nos. 9A, 9B, 9C and 11
	13-057	Working site and access for construction	Work Nos. 9B, 9C, 11A, 11B and 13
	13-085, 13-086, 13-087, 13-088 and 13-091	Working site and access for construction	Work No. 9D
	14-001 and 14-004	Working site and access for construction	Work Nos. 9D and 14
	15-001, 15-004, 15-005, 15-006, 15-011, 15-014, 15-015, 15-022, 15-023, 15-024, 15-025, 15-027, 15-029, 15-030, 15-031, 15-032, 15-033, 15-035, 15-036, 15-037, 15-038, 15-039, 15-041, 15-043 and 15-044	Working site and access for construction	Work No. 14
	15-007, 15-018, 15-019 and 15-020	Working site and access for construction and temporary highway works	Work No. 14
	15-021	Access for construction	Work No. 14
	16-001, 16-002, 16-005, 16-006, 16-007, 16-008, 16-009, 16-010, 16-011, 16-012, 16-014, 16-016, 16-020, 16-021, 16-022, 16-025, 16-026, 16-027, 16-028, 16-029, 16-030, 16-031, 16-032, 16-033, 16-036, 16-037, 16-038, 16-039, 16-041, 16-053, 16-065, 16-066 and 16-068	Working site and access for construction	Work No. 14
	16-013	Access for construction	Work No. 14
	16-017	Working site and access for construction and temporary highway works	Work No. 14
	17-001, 17-006, 17-009 and 17-010	Working site and access for construction	Work No. 14
	17-005	Working site and access for construction and environmental mitigation works	Work No. 14
	18-003, 18-004, 18-005, 18-006, 18-008, 18-009, 18-010, 18-011, 18-012, 18-015, 18-016, 18-017, 18-018, 18-020, 18-022, 18-025, 18-026, 18-028, 18-031, 18-032 and 18-038	Working site and access for construction	Work No. 14
	18-030, 18-033 and 18-037	Access for construction	Work No. 14
	19-004, 19-005, 19-006, 19-007, 19-010, 19-011, 19-014, 19-021 and 19-023	Working site and access for construction	Work No. 15
	19-028, 19-029, 19-032, 19-035, 19-038, 19-040 and 19-041	Working site and access for construction and utility diversion works	Work No. 15
	19-042	Working site and access for construction	Work Nos. 17, 17A and 17B
	20-001, 20-005, 20-010, 20-012, 20-015, 20-017 and 20-018	Access for construction	Work Nos. 15 and 16
	20-002, 20-003 and 20-004	Working site and access for construction	Work Nos. 15 and 16
	20-006, 20-007, 20-008, 20-009, 20-011 and 20-014	Working site and access for construction and utility diversion works	Work Nos. 15 and 16
	21-001, 21-002, 21-003 and 21-004	Working site and access for construction and utility diversion works	Work No. 15
	21-008, 21-014, 21-015 and 21-029	Working site and access for construction	Work No. 17
	21-010, 21-011, 21-032 and 21-042	Working site and access for construction and highway alteration works	Work No. 17
	21-033	Working site and access for construction	Work Nos. 17 and 17A
	21-040	Working site and access for construction and highway alteration works	Work Nos. 15, 16, 17, 17B and 18
	21-045, 21-046, 21-052, 21-057 and 21-059	Working site and access for construction and highway alteration works	Work Nos. 15 and 17
	21-051 and 21-055	Working site and access for construction and highway alteration works	Work Nos. 15, 17 and 17B
	21-058	Working site and access for construction	Work Nos. 15, 16 and 18
	21-062	Working site and access for construction	Work Nos. 15 and 16
	21-065	Working site for construction	Work No. 17A
	21-069 and 21-072	Working site and access for construction and utility diversion works	Work Nos. 15, 16 and 18
	21-074, 21-075, 21-076 and 21-081	Working site and access for construction	Work No. 18
	21-078	Access for construction	Work Nos. 15, 16, 17, 17A and 18
	21-087	Access for construction	Work Nos. 15 and 16
	21-088, 21-090, 21-104 and 21-106	Working site and access for construction	Work No. 15
	21-097, 21-098, 21-099 and 21-100	Working site and access for construction and utility diversion works	Work No. 15
	21-105 and 21-111	Working site and access for construction and temporary utility diversion works	Work Nos. 15 and 16
	21-116 and 21-119	Working site and access for construction	Work No. 16
	22-001, 22-003, 22-006, 22-007, 22-036, 22-039, 22-040, 22-042 and 22-043	Access for construction	Work Nos. 15 and 16
	22-004	Access for construction	Work Nos. 15, 16, 17, 17A and 18
	22-005, 22-008, 22-012, 22-014, 22-027, 22-028, 22-029, 22-031, 22-033 and 22-034	Working site and access for construction and temporary utility diversion works	Work Nos. 15 and 16
	22-009, 22-010, 22-011, 22-013, 22-015, 22-016, 22-017, 22-018, 22-019, 22-021, 22-022, 22-023, 22-024, 22-025, 22-026, 22-030 and 22-032	Oversailing for temporary diversion of electric cables	Work Nos. 15 and 16
	22-037 and 22-038	Working site and access for construction	Work Nos. 15 and 16
	23-001, 23-002, 23-006, 23-009, 23-011, 23-014, 23-017, 23-023, 23-027, 23-028, 23-030, 23-032, 23-033, 23-040, 23-043, 23-044, 23-047, 23-050, 23-051, 23-054, 23-064, 23-066, 23-067, 23-072, 23-074, 23-076, 23-077, 23-078, 23-079, 23-080, 23-081 and 23-084	Working site and access for construction	Work No. 15
	23-003	Working site and access for construction	Work Nos. 15 and 16
	23-004	Working site and access for construction and utility diversion works	Work No. 15
	23-012, 23-021 and 23-037	Access for construction	Work No. 15
	23-049, 23-052, 23-058 and 23-068a	Working site and access for construction	Work Nos. 15 and 21
	23-055	Working site and access for construction	Work Nos. 15, 16 and 21
	24-006, 24-008, 24-009, 24-010 and 24-010a	Working site and access for construction	Work Nos. 15, 16 and 21
	24-011	Working site and access for construction and temporary highway works	Work Nos. 15, 16 and 21
	25-001, 25-005, 25-006, 25-010, 25-015, 25-027, 25-029, 25-031 and 25-035	Working site and access for construction	Work Nos. 19 and 20
	25-002	Working site and access for construction and highway alteration works	Work No. 19
	25-004, 25-051, 25-053, 25-064, 25-065, 25-068, 25-070, 25-073, 25-074, 25-075, 25-077, 25-079, 25-081, 25-083, 25-084, 25-085, 25-086, 25-091, 25-091a, 25-091b and 25-091c	Working site and access for construction	Work No. 15
	25-008, 25-044, 25-045 and 25-046	Working site and access for construction and highway alteration works	Work No. 20
	25-013	Working site and access for construction	Work No. 20
	25-017, 25-023 and 25-033	Working site and access for construction and highway alteration works	Work Nos. 19 and 20
	25-049	Working site and access for construction and highway improvement works	Work No. 20
	25-056	Working site and access for construction and highway improvement works	Work No. 15
	25-059	Access for construction	Work No. 15

SCHEDULE 17 — TEMPORARY USE OF LAND FOR ACCESS

(1) Area	(2) Number of land shown on the deposited plans
County of West Yorkshire, District of Kirklees	9-124, 9-125, 9-126, 9-136, 11-009, 11-012, 21-063, 21-070 and 22-041

SCHEDULE 18 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

Apparatus of statutory undertakers etc. on land acquired

1

• (1) Sections 271 to 274[^f00087] (extinguishment of rights of statutory undertakers etc.) of the 1990 Act apply in relation to any land acquired or appropriated by Network Rail under this Order subject to the following provisions of this paragraph; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282[^f00088], which provide for the payment of compensation) have effect accordingly.

• (2) In the provisions of the 1990 Act, as applied by sub-paragraph (1), references to the appropriate Minister are references to the Secretary of State.

• (3) Where any apparatus of public utility undertakers or of a public communications provider is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from Network Rail compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (4) Sub-paragraph (3) does not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—

• (a) the owner or occupier of premises the drains of which communicated with that sewer; or

• (b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from Network Rail compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

• (5) The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, do not have effect in relation to apparatus as respects which paragraph (2) or Part 3 of the 1991 Act applies.

• (6) Nothing in this paragraph affects the provisions of any enactment or agreement regulating the relations between Network Rail and a public communications provider or public utility undertaker in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which the Order is made.

• (7) In this paragraph—

• “public communications provider” has the same meaning as in section 151(1) of the 2003 Act; and

• “public utility undertaker” has the same meaning as in the 1980 Act[^f00089].

Apparatus of statutory undertakers etc. in stopped up streets

2

• (1) Where a street is stopped up under article 14 (stopping up of streets) any statutory utility whose apparatus is under, in, upon, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

• (2) Where a street is stopped up under article 14 any statutory utility whose apparatus is under, in, upon, over, along or across the street may, and if reasonably requested to do so by Network Rail must—

• (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

• (b) provide other apparatus in substitution for the existing apparatus and place it in that other position.

• (3) Subject to the following provisions of this paragraph, Network Rail must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

• (a) the execution of the relocation works required in consequence of the stopping up of the street; and

• (b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

• (4) If in the course of the execution of relocation works under sub-paragraph (2)—

• (a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by Network Rail, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the statutory utility by virtue of sub-paragraph (3) is to be reduced by the amount of that excess.

• (5) For the purposes of sub-paragraph (4)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

• (6) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (3) (and having regard, where relevant, to sub-paragraph (4)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

• (7) Sub-paragraphs (3) to (6) do not apply where the authorised works constitute major transport works for the purposes of Part 3 (street works in England and Wales) of the 1991 Act, but instead—

• (a) the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

• (b) the allowable costs are to be borne by Network Rail and the statutory utility in such proportions as may be prescribed by any such regulations.

• (8) Nothing in this paragraph affects the provisions of any enactment or agreement regulating the relations between Network Rail and a statutory utility in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which the Order is made.

• (9) In this paragraph—

• (a) “apparatus” has the same meaning as in Part 3 of the 1991 Act;

• (b) “relocation works” means work executed, or apparatus provided, under sub-paragraph (2); and

• (c) “statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in paragraph 1(7).

Railway and navigation undertakings

3

• (1) Subject to the following provisions of this paragraph, the powers under article 13 (power to execute street works) to break up or open a street are not exercisable where the street, not being a highway maintainable at public expense (within the meaning of the 1980 Act) is under the control or management of, or is maintainable by, railway undertakers or a navigation authority except with the consent of the undertakers or authority.

• (2) Sub-paragraph (1) does not apply to the carrying out under this Order of emergency works, within the meaning of Part 3 of the 1991 Act.

• (3) A consent given for the purpose of sub-paragraph (1) may be made subject to such reasonable conditions as may be specified by the person giving it but must not be unreasonably withheld.

• (4) In this paragraph “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.

• (5) Nothing in this paragraph affects the provision of any enactment or agreement regulating the relations between Network Rail and a railway undertaker or a navigation authority in respect of any street to which sub-paragraph (1) applies which have effect on the date on which this Order is made.

SCHEDULE 19 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF SPECIFIED UNDERTAKERS

1

For the protection of the undertakers referred to in this Part of this Schedule the following provisions have effect unless otherwise agreed in writing between Network Rail and the undertakers concerned.

2

The provisions of paragraph 1 of Schedule 18 (provisions relating to statutory undertakers etc.), in so far as they relate to the removal of apparatus, do not apply in relation to apparatus to which this Part of this Schedule applies.

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between Network Rail and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.

4

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00090]) belonging to or maintained by that undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply; in the case of a water undertaker any mains, pipes or other apparatus belonging to, or maintained by, the undertaker for the purposes of water supply; and in the case of a sewerage undertaker— any drain or works vested in the undertaker under the Water Industry Act 1991; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)[^f00091] of that Act or an agreement to adopt made under section 104[^f00092] of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

• “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and

• “undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00093]; a water undertaker within the meaning of the Water Industry Act 1991; and a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991, for the area of the authorised works, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

5

Without affecting any provision in this Order or anything shown on the deposited plans Network Rail must not acquire any apparatus other than by agreement.

6

• (1) If, in the exercise of the powers conferred by this Order, Network Rail acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of an undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertaker in question.

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, Network Rail requires the removal of any apparatus placed in that land, it must give to the undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed.

• (3) Any alternative apparatus to be constructed in land of Network Rail under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and Network Rail within 21 days of the service of a notice under sub-paragraph (2) or in default of agreement settled by arbitration in accordance with article 57 (arbitration).

• (4) In any case where alternative apparatus is to be provided or constructed under sub-paragraph (2), or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus, Network Rail must, subject to sub-paragraph (5), afford to the undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of Network Rail and for the subsequent maintenance of that apparatus.

• (5) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of Network Rail, or Network Rail is unable to afford such facilities and rights as are mentioned in sub-paragraph (4) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker in question must, on receipt of a written notice to that effect from Network Rail, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (6) The undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 57 (arbitration), and after the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (4) or (5), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by Network Rail to be removed under the provisions of this Part of this Schedule.

• (7) Without affecting anything in sub-paragraph (6), if Network Rail gives notice in writing to the undertaker in question that it desires itself to execute any work to which this sub-paragraph applies, that work, instead of being executed by the undertaker, must be executed by Network Rail without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the undertaker.

• (8) Sub-paragraph (7) applies to any part of any work necessary in connection with construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land of Network Rail.

• (9) Nothing in sub-paragraph (7) authorises Network Rail to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

7

• (1) Where, in accordance with the provisions of this Part of this Schedule, Network Rail affords to an undertaker facilities and rights for the construction and maintenance in land of Network Rail of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between Network Rail and the undertaker in question or in default of agreement settled by arbitration in accordance with article 57 (arbitration).

• (2) In settling those terms and conditions in respect of the alternative apparatus to be constructed in or along any railway of Network Rail, the arbitrator must—

• (a) give effect to all reasonable requirements of Network Rail for ensuring the safety and efficient operation of the railway and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of Network Rail or the traffic on the railway; and

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or along the railway for which the alternative apparatus is to be substituted.

• (3) If the facilities and rights to be afforded by Network Rail in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by Network Rail to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

8

• (1) Not less than 28 days before starting the execution of any of the authorised works that are near to, or will or may affect, any apparatus the removal of which has not been required by Network Rail under paragraph 6(2), Network Rail must submit to the undertaker in question a plan, section and description of the works to be executed.

• (2) Those works are to be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and an officer of the undertaker is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by the undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description are submitted to it under sub-paragraph (1).

• (4) If an undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by Network Rail, reasonably requires the removal of any apparatus and gives written notice to Network Rail of that requirement, paragraphs 1 to 7 apply as if the removal of the apparatus had been required by Network Rail under paragraph 6(2).

• (5) Nothing in this paragraph precludes Network Rail from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

• (6) Network Rail is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

9

If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed Network Rail must provide such alternative means of access to such apparatus as will enable the undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

10

• (1) Subject to the following provisions of this paragraph, Network Rail must repay to an undertaker the reasonable expenses incurred by that undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 6(2).

• (2) The value of any apparatus removed under the provisions of this Part of this Schedule is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

• (3) If in accordance with the provisions of this Part of this Schedule—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by Network Rail or, in default of agreement, is not determined by arbitration in accordance with article 57 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertaker in question by virtue of sub-paragraph (1), is to be reduced by the amount of that excess.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.

• (5) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

• (6) Any dispute as to whether a financial benefit is conferred in accordance with sub-paragraph (5) or as to the amount of such financial benefit which cannot be agreed is to be determined in accordance with article 57 (arbitration).

11

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 6(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any undertaker, Network Rail must—

• (a) bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and

• (b) make reasonable compensation to that undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker,

by reason or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on Network Rail with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an undertaker, its officers, servants, contractors or agents.

• (3) An undertaker must give Network Rail reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of Network Rail, which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

12

Nothing in this Part of this Schedule affects the provision of any enactment or agreement regulating the relations between Network Rail and an undertaker in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which this Order is made.

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

13

• (1) For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between Network Rail and the operator, have effect.

• (2) In this Part of this Schedule—

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;

• “electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106[^f00094] (application of the electronic communications code) of the 2003 Act; and an electronic communications network which the Secretary of State is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

• “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and

• “operator” means the operator of an electronic communications code network.

14

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised works or their construction, or of any subsidence resulting from any of those works—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

• (b) there is any interruption in the supply of the service provided by an operator,

Network Rail must bear and pay the cost reasonably incurred by an operator in making good such damage or restoring the supply and must—

• (c) make reasonable compensation to that operator for loss sustained by it; and

• (d) indemnify that operator against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, that operator by reason, or in consequence of, any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on Network Rail with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

• (3) The operator must give Network Rail reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of Network Rail which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between Network Rail and the operator under this Schedule must be referred to and settled by arbitration under article 57 (arbitration).

15

This Part of this Schedule does not apply to—

• (a) any apparatus in respect of which the relations between Network Rail and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

• (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised works.

16

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between Network Rail and an operator in respect of any apparatus laid or erected in land belonging to Network Rail on the date on which this Order is made.

PART 3 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

17

• (1) The following provisions of this Part of this Schedule apply for the protection of the Agency unless otherwise agreed in writing between Network Rail and the Agency.

• (2) In this Part of this Schedule—

• “the Agency” means the Environment Agency;

• “construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are to be construed accordingly;

• “drainage work” means any main river and includes any land which provides or is expected to provide flood storage capacity for any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

• “the fishery” means any waters containing fish and fish in, or migrating to or from such waters and the spawn, spawning grounds, habitat or food of such fish;

• “main river” has the same meaning as in section 221 (general interpretation) of the Water Resources Act 1991;

• “plans” includes sections, drawings, specifications and method statements; and

• “specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to— affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work; affect the flow, purity or quality of water in any watercourse or other surface waters or ground water; cause obstruction to the free passage of fish or damage to any fishery; affect the conservation, distribution or use of water resources; or affect the conservation value of any main river and habitats in its immediate vicinity.

18

• (1) Before beginning to construct any specified work, Network Rail must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the receipt of the plans reasonably request.

• (2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 29.

• (3) Any approval of the Agency required under this paragraph—

• (a) must not be unreasonably withheld or delayed;

• (b) is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval or where further particulars are submitted under sub-paragraph (1) within 2 months of the submission of those particulars, and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

• (c) may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties.

• (4) The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

19

Without limitation on the scope of paragraph 18, the requirements which the Agency may make under that paragraph include conditions requiring Network Rail at its own expense to construct such protective works, whether temporary or permanent, before or during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

• (a) to safeguard any drainage work against damage; or

• (b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,

by reason of any specified work.

20

• (1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 19, must be constructed—

• (a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and

• (b) to the reasonable satisfaction of the Agency,

and an officer of the Agency is entitled to watch and inspect the construction of such works.

• (2) Network Rail must give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is completed.

• (3) If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require Network Rail at Network Rail’s own expense to comply with the requirements of this Part of this Schedule or (if Network Rail so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

• (4) Subject to sub-paragraph (5) and paragraph 24, if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) is served upon Network Rail, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from Network Rail.