The Northumberland Line Order 2022

• (1) If any permanent or temporary alterations or additions to railway property, are reasonably necessary in consequence of the construction of a specified work or a protective work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Nexus, such alterations and additions may be carried out by Nexus and if Nexus gives to the Council reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the Council must pay to Nexus the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Nexus in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If during the construction of a specified work or a protective work by the Council, Nexus gives notice to the Council that Nexus desires itself to construct that part of the specified work or protective work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Nexus then, if the Council decides that part of the specified work or protective work is to be constructed, Nexus must assume construction of that part of the specified work or protective work and the Council must, regardless of any such approval of a specified work or protective work under paragraph 29(3), pay to Nexus all reasonable expenses to which Nexus may be put and compensation for any loss which it may suffer by reason of the execution by Nexus of that specified work or protective work.

• (3) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving is to be set off against any sum payable by the Council to Nexus under this paragraph.

• (4) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 34(a) provide such details of the formula by which those sums have been calculated as the Council may reasonably require.

34

The Council must repay to Nexus all reasonable fees, costs, charges and expenses reasonably incurred by Nexus—

• (a) in constructing any part of a specified work on behalf of the Council as provided by paragraph 29(3) or in constructing any protective works under the provisions of paragraph 29(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

• (b) in respect of the approval by the engineer of plans submitted by the Council and the supervision by the engineer of the construction of a specified work or a protective work;

• (c) in respect of the employment or procurement of the services of any inspectors, signallers, watchkeepers and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work or a protective work;

• (d) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or a protective work or from the substitution of diversion of services which may be reasonably necessary for the same reason; and

• (e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work or a protective work.

35

• (1) In this paragraph—

• “EMI” means, subject to sub-paragraph (2), electromagnetic interference with Nexus apparatus generated by the operation of the development where such interference is of a level which adversely affects the safe operation of Nexus’s apparatus; and

• “Nexus’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the development) which are owned or used by Nexus for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

• (2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Nexus’s apparatus carried out after approval of plans under paragraph 29(1) for the relevant part of the development giving rise to EMI (unless the Council has been given notice in writing before the approval of those plans of the intention to make such change).

• (3) Subject to sub-paragraph (5), the Council must in the design and construction of the development take all measures necessary to prevent EMI and must establish with Nexus (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

• (4) In order to facilitate the Council’s compliance with sub-paragraph (3)—

• (a) the Council must consult with Nexus as early as reasonably practicable to identify all Nexus’s apparatus which may be at risk of EMI, and must continue to consult with Nexus (both before and after formal submission of plans under paragraph 29(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

• (b) Nexus must make available to the Council all information in the possession of Nexus reasonably requested by the Council in respect of Nexus’s apparatus identified under sub-paragraph (a); and

• (c) Nexus must allow the Council reasonable facilities for the inspection of Nexus’s apparatus identified under sub-paragraph (a).

• (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Nexus’s apparatus, Nexus must not withhold its consent unreasonably to modifications of Nexus’s apparatus, but the means of prevention and the method of their execution may be selected at the reasonable discretion of Nexus, and in relation to such modifications paragraph 29(1) has effect subject to this sub-paragraph.

• (6) If at any time prior to the completion of the development and regardless of any measures adopted under sub-paragraph (3), the testing or commissioning of the development causes EMI then the Council must immediately upon receipt of notification by Nexus of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) cease to use (or procure the cessation of use of) the Council’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Nexus’s apparatus.

• (7) In the event of EMI having occurred—

• (a) the Council must afford reasonable facilities to Nexus for access to the Council’s apparatus in the investigation of such EMI;

• (b) Nexus must afford reasonable facilities to the Council for access to Nexus’s apparatus in the investigation of such EMI; and

• (c) Nexus must make available to the Council any additional material information in its possession reasonably requested by the Council in respect of Nexus’s apparatus or such EMI.

• (8) Where Nexus approves modifications to Nexus’s apparatus under sub-paragraphs (5) or (6)—

• (a) Nexus must allow the Council reasonable facilities for the inspection of the relevant part of Nexus’s apparatus; and

• (b) any modifications to Nexus’s apparatus approved under those sub-paragraphs must be carried out and completed by the Council in accordance with paragraph 30.

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 39(1) applies to the costs and expenses reasonably incurred or losses suffered by Nexus through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Nexus’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

• (10) For the purpose of paragraph 34(a) any modifications to Nexus’s apparatus under this paragraph are deemed to be protective works referred to in that paragraph.

• (11) In relation to any dispute arising under this paragraph the reference in article 366 (arbitration) to a single arbitrator to be agreed between the parties is to be read as a reference to an arbitrator being a member of the Institution of Engineering and Technology to be agreed.

36

If at any time after the completion of a specified work or a protective work, not being a work vested in Nexus, Nexus gives notice to the Council informing it that the state of maintenance of any part of the specified work or protective work appears to be such as adversely affects the operation of railway property, the Council must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work or protective work in such state of maintenance as to not adversely affect railway property.

37

The Council must not provide any illumination or illuminated sign or signal on or in connection with a specified work or a protective work in the vicinity of any railway belonging to Nexus unless the Council has first consulted Nexus and the Council must comply with Nexus’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

38

Any additional expenses which Nexus may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work or a protective work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the Council, be repaid by the Council to Nexus.

39

• (1) The Council must pay to Nexus all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to or reasonably incurred by Nexus—

• (a) by reason of the construction or maintenance of a specified work or a protective work or the failure of it; or

• (b) by reason of any act or omission of the Council or of any person in the Council’s employ or of the Council’s contractors or others whilst engaged upon a specified work or a protective work,

and the Council must indemnify and keep indemnified Nexus from and against all claims and demands arising out of or in connection with a specified work or a protective work or any such failure, act or omission; and the fact that any act or thing may have been done by Nexus on behalf of the Council or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision will not (if it was done without negligence on the part of Nexus or of any person in its employ or of its contractors or agents) excuse the Council from any liability under the provisions of this sub-paragraph.

• (2) Nexus must give the Council reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand is to be made without the prior written consent of the Council.

• (3) The sums payable by the Council under sub-paragraph (1) may include a sum equivalent to the relevant costs.

40

Nexus must, on receipt of a request from the Council, at a frequency to be agreed between the Council and Nexus, provide the Council free of charge with written estimates of the costs, charges, expenses, future cost forecasts and other liabilities for which the Council is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 39) and with such information as may reasonably enable the Council to assess the reasonableness of any such estimate or claim made or to be made under this Part of this Schedule (including any claim relating to those relevant costs).

41

In the assessment of any sums payable to Nexus under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Nexus if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the Council under this Part of this Schedule or increasing the sums so payable.

42

The Council and Nexus may enter into, and carry into effect, agreements for the transfer to the Council of—

• (a) any railway property shown on the works plans or land plans and described in the book of reference;

• (b) any lands, works or other property held in connection with any such railway property; and

• (c) any rights and obligations (whether or not statutory) of Nexus relating to any railway property or any lands, works or other property referred to in this paragraph.

43

Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993.

44

The Council must give written notice to Nexus where any application is required and is proposed to be made for the Secretary of State’s consent under article 27 (power to transfer benefit of the Order) and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

• (a) the nature of the application to be made;

• (b) the extent of the geographical area to which the application relates; and

• (c) the name and address of the person acting for the decision-maker to whom the application is to be made.

45

The Council must no later than 28 days from the date that the documents referred to in article 333 (certification of plans, etc.) are submitted to and certified by the Secretary of State provide a set of those documents to Nexus in a format specified by Nexus.

Signed

Signed by authority of the Secretary of State

Natasha Kopala — Head of Transport Infrastructure Planning Unit — Department for Transport — 11th July 2022

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order confers powers on Northumberland County Council to acquire compulsorily land and rights in land, to use land temporarily, to close level crossings and to stop up and divert highways and carry out works in connection with development required to re-introduce passenger rail services to the existing railway between Ashington and Newcastle upon Tyne.

Copies of the rights of way plans, the land and works plans and the book of reference referred to in the Order may be inspected at the offices of Northumberland County Council at County Hall, Morpeth, Northumberland, NE61 2EF.

Footnotes

[^f00001]: S.I. 2006/1466, as amended by S.I. 2010/439, S.I. 2011/556, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2013/755, S.I. 2014/469, S.I. 2015/377, S.I. 2015/627, S.I. 2015/1682, S.I. 2017/979, S.I. 2017/1070 and S.I. 2019/311.

[^f00002]: 1992 c. 42. Section 1 was amended by paragraphs 51 and 52 of Schedule 2 to the Planning Act 2008 (c. 29). Section 5 was amended by S.I. 2012/1659.

[^f00003]: There are amendments to section 11 which are not relevant to this Order.

[^f00004]: 1961 c. 33.

[^f00005]: 1965 c. 56.

[^f00006]: 1980 c. 66.

[^f00007]: 1981 c. 66.

[^f00008]: 1990 c. 8.

[^f00009]: 1991 c. 22.

[^f00010]: 2003 c. 21.

[^f00011]: The definition of “cycle track” (in section 329(1)) was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00012]: S.I. 2015/596.

[^f00013]: 2003 c. 21. Section 32(1) was amended by S.I. 2011/1210.

[^f00014]: 1852 c. cxxii.

[^f00015]: 1853 c. clxxii.

[^f00016]: 1854 c. lxxix.

[^f00017]: 1857 c. cxiv.

[^f00018]: 1861 c. xcviii.

[^f00019]: 1872 c. l.

[^f00020]: 1902 c. clxviii.

[^f00021]: 1981 c. 67. The definition of “owner” (in section 7(1)) was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to the Order.

[^f00022]: Section 73 was amended by section 120 of, and paragraph 1 of Schedule 9 to, the Planning and Compulsory Purchase Act 2004 (c. 5) and section 14(4) of, and paragraph 4 of Schedule 3 to, the Neighbourhood Planning Act 2017 (c. 20). There are further amendments to section 73 which are not relevant to this Order.

[^f00023]: There are amendments to section 151 which are not relevant to this Order.

[^f00024]: S.I. 2017/1012.

[^f00025]: Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00026]: 1991 c. 56. Section 106 was amended by sections 35(8), 43(2) and 56(7) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), section 99 of the Water Act 2003 (c. 37), and section 32 of, and paragraph 16(1) of Schedule 3 to, the Flood and Water Management Act 2010 (c. 29).

[^f00027]: S.I. 2016/1154. There are amendments to regulation 12 which are not relevant to this Order.

[^f00028]: 1991 c. 57.

[^f00029]: Section 28 was amended by S.I. 2007/1177.

[^f00030]: Subsections (1) and (2) were amended by section 84(6) of and Part 5 of Schedule 19 to, the Planning and Compensation Act 1991 (c. 34), and S.I. 2009/1307.

[^f00031]: 1981 c. 69. Section 53(1) was amended by section 51 of, and paragraph 1(2) of Schedule 5 to, the Countryside and Rights of Way Act 2000 (c. 37).

[^f00032]: 1981 c. 67.

[^f00033]: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

[^f00034]: Subsection (1B) of section 11 was inserted by section 186(1) and (2)(b) of the Housing and Planning Act 2016.

[^f00035]: Section 11A was inserted by 186(3) of the Housing and Planning Act 2016.

[^f00036]: Schedule 2A was inserted by paragraph 3 of Schedule 17 to the Housing and Planning Act 2016.

[^f00037]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

[^f00038]: Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.

[^f00039]: Section 6 was amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016 (c. 22).

[^f00040]: Section 7 was amended by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016.

[^f00041]: Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.

[^f00042]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 6 to, the Housing and Planning Act 2016 (c. 22) and S.I.2009/1307.

[^f00043]: Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

[^f00044]: 2017 c. 20.

[^f00045]: 1990 c. 43.

[^f00046]: Section 79(1)(ga) was inserted by section 2(2)(b) of the Noise and Statutory Nuisance Act 1993 (c. 40).

[^f00047]: 1974 c. 40.

[^f00048]: Section 80(1) was amended by section 86 of the Clean Neighbourhoods and Environment Act 2005.

[^f00049]: 1993 c. 43.

[^f00050]: 1978 c. 30.

[^f00051]: Section 5A was inserted by section103 of the Planning and Compulsory Purchase Act 2004 (c. 5) and amended by section 199(2) of, and paragraph 9 of Schedule 18 to, the Housing and Planning Act 2016. There are other amendments to section 5A which are not relevant to this Order.

[^f00052]: 1973 c. 26.

[^f00053]: There are amendments to section 44 which are not relevant to this Order.

[^f00054]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00055]: Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016.

[^f00056]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraph 4 of Schedule 16 to the Housing and Planning Act 2016.

[^f00057]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00058]: Section 20 was amended by section 70 of, and paragraph 4 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34) and S.I.2009/1307.

[^f00059]: Sections 272 to 274 were amended by section 406(1) of, and paragraph 103 of Schedule 17 to, the Communications Act 2003 (c. 21).

[^f00060]: Section 279(3) was amended by section 406(1) of, and paragraph 103(1) and (2) to, the Communications Act 2003. Section 280 was amended by section 406(1) of, and paragraph 104, of Schedule 17 to that Act and S.I. 2009/1307. Section 282 was also amended by S.I. 2009/1307.

[^f00061]: There are amendments to section 151(1) which are not relevant to this Order.

[^f00062]: The definition of “public utility undertakers” (in section 329(1)) was amended by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c. 15) and section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29).

[^f00063]: Section 8 was amended by sections 216 and 274 of, and paragraph 4 of Schedule 17 and Part 4 of Schedule 31 to, the Transport Act 2000 (c. 38); section 16(5) of, and paragraph 3 and 5 of Schedule 2 to, the Railways and Transport Safety Act 2003 (c. 20); section 59(1) of, and paragraph 3 of Schedule 1 and Part 1 of Schedule 13 to, the Railways Act 2005 (c. 14); and S.I. 2015/1682.

[^f00064]: 2006 c. 46.