The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023

• (b) within 20 working days of the issue of the final certificate pursuant to paragraph 37 National Highways must in writing release the bond provider from its obligations in respect of all remaining liability and release the remainder of the cash security to the Company save insofar as any claim or claims have been made against the bond or liability on its part has arisen prior to that date in which case National Highways will retain a sufficient sum to meet all necessary costs to settle the claim or claims.

• (3) Any sums payable to National Highways pursuant to these protective provisions shall be reduced by an amount equivalent to such sums as are payable by the Company to National Highways or the Secretary of State pursuant to the indemnity and any other arrangements for the reimbursement of the costs of National Highways and/or the Secretary of State for Transport that are required for compliance with the discharge of planning conditions relevant to the authorised works pursuant to Rother District Council’s grant of planning permission reference RR/2014/1608/P, so that there shall be no double recovery by National Highways or the Secretary of State.

Commuted sums

40

National Highways must provide to the Company an estimate of the commuted lump sum prior to the commencement of the NH works.

41

The Company must pay to National Highways the Commuted Sum calculated in accordance with FS Guidance S278 Commuted Lump Sum Calculation Method dated 18 January 2010 prior to the issue of the provisional certificate pursuant to paragraph 35(1).

Insurance

42

The Company must prior to commencement of the NH works effect sufficient public liability insurance with an insurer to indemnify National Highways in the minimum sum of £10,000,000.00 (ten million pounds) in respect of any legal liability for damage, loss or injury to any property or any person as a direct result of the execution of the NH works or the use of the NH works by the Company and must provide evidence of such insurance having been taken out prior to commencement of the NH works.

Indemnity

43

• (1) The Company must indemnify National Highways from and against all costs, expenses, damages, losses and liabilities suffered by National Highways arising from or in connection with any claim, demand, action or proceedings (including but not limited to statutory claims) resulting from:

• (a) the construction and maintenance of the NH works; and

• (b) the use of the NH works,

PROVIDED THAT—

• (c) National Highways notifies the Company upon receipt of any claim; and

• (d) National Highways following the acceptance of any claim notifies the quantum of the claim to the Company in writing.

• (2) Within 14 days of the receipt of the notification referred to in sub-paragraph (1)(c) the Company must pay to National Highways the amount specified as the quantum of such claim.

• (3) Sub-paragraphs (1) and (2) do not apply if the costs, expenses, liabilities and damages were caused by or arose out of the neglect or default of National Highways or its officers, servants, agents or contractors or any person or body for whom it is responsible.

• (4) National Highways must not settle any claim without first consulting the Company and having all proper regards to the Company’s response to such consultation.

Maintenance of the NH works

44

• (1) Following the issue of the Final Certificate, the Company must maintain those parts of the NH works that it is required to maintain under the DLOA, in accordance with the DLOA.

• (2) If the Company fails to maintain any part of the NH works which it is required to maintain pursuant to the DLOA and National Highways reasonably considers that such failure to maintain is causing or may cause a danger to road users or damage to the strategic road network or a National Highways asset or structure, or excessive delays to road users, National Highways may by notice in writing require the Company, at the Company’s own expense, to comply with the requirements of this Part of this Schedule.

• (3) If within 28 days on which a notice under sub-paragraph (2) is served on the Company (or in the event of there being in the reasonable opinion of National Highways a danger to or delay to road users within such lesser period as National Highways may stipulate), the Company has failed to take the steps required by that notice, National Highways may carry out such works as it reasonably considers necessary and may recover from the Company any expenditure reasonably incurred by it in so doing.

• (4) The Company must, prior to the commencement of any works of maintenance to the HE works for which it is responsible pursuant to the DLOA, give National Highways 28 days’ notice in writing of the date on which such maintenance works will start unless otherwise agreed by National Highways, acting reasonably; and where carrying out maintenance works following a notice served on it by National Highways pursuant to paragraph 44(2), the Company must give as much notice as is reasonably practicable.

• (5) Nothing in this Part of this Schedule prevents National Highways from carrying out any work or taking any such action as it reasonably believes to be necessary in respect of any part of the NH works that the Company are required to maintain pursuant to the DLOA without prior notice to the Company in the event of emergency or to prevent the occurrence of danger or significant delay to road users and National Highways may recover from the Company any reasonable expenditure incurred by National Highways in so doing.

• (6) If, for the purposes of maintaining the works pursuant to this paragraph 44, the Company needs to occupy any road space, the Company must comply with the National Highways road space booking requirements and no maintenance works for which a road space booking is required is to commence without a road space booking having first been secured.

• (7) The Company must comply with any reasonable requirements that National Highways may notify to the Company, such requirements to be notified to the Company not less than 7 days in advance of the planned commencement date of the maintenance works.

• (8) The provisions of paragraph 35(1) apply to the opening of any part of the trunk road following occupation of any road space under paragraph 43(1).

Expert Determination

45

• (1) Article 40 (arbitration) of the Order does not apply to this Part of this Schedule.

• (2) Any difference under this Part of this Schedule may be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers.

• (3) All parties involved in settling any difference must use best endeavours to do so within 21 days from the date of a dispute first being notified in writing by one party to the other and in the absence of the difference being settled within that period the expert must be appointed within 21 days of the notification of the dispute.

• (4) The expert must—

• (a) invite the parties to make submissions to the expert in writing and copied to the other party to be received by the expert within 21 days of the expert’s appointment;

• (b) permit a party to comment on the submissions made by the other party within 21 days of receipt of the submission;

• (c) issue a decision within 42 days of receipt of the submissions under paragraph (b); and

• (d) give reasons for the decision.

• (5) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 40.

• (6) The fees of the expert are payable by the parties in such proportions as the expert may determine or, in the absence of such determination, equally.

Bond Form

46

Form 1 as referred to in paragraph 39(1)(a)—

Signed

Signed by authority of the Secretary of State

Martin Gilmour — Deputy Director, Planning, Transport and Housing Division — Department for Transport — 12th July 2023

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises the Company to construct the new railway and maintain the new and existing railways in East Sussex from the point at which the existing Kent and East Sussex Railway terminates at Bodiam to a new terminus at Robertsbridge Junction station in Robertsbridge.

The Order authorises level crossings across Northbridge Street and the A21 at Robertsbridge, the B2244 at Udiam and across one bridleway.

The Order also authorises the acquisition of land, and the use of land, for this purpose.

Copies of the Order plans and sections and the book of reference referred to in the Order may be inspected at the offices of Rother Valley Railway Limited at Robertsbridge Junction Station, Robertsbridge, East Sussex, TN32 5DG.

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. 2012/2590, S.I. 2013/755, S.I 2014/469, S.I. 2015/627, S.I. 2017/979, S.I. 2017/1070 and 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]: 1845 c. 20.

[^f00004]: 1961 c. 33.

[^f00005]: 1965 c. 56.

[^f00006]: 1980 c. 66.

[^f00007]: 1981 c. 66.

[^f00008]: 1984 c. 27.

[^f00009]: 1990 c. 8.

[^f00010]: 1991 c. 22.

[^f00011]: 2003 c. 21.

[^f00012]: Section 32(1) was amended by S.I. 2011/1210.

[^f00013]: 1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1992 (c. 34). There are other amendments to section 7 which are not relevant to this Order.

[^f00014]: The definition of “road hump” was inserted by section 32 of, and paragraph 1 of Schedule 6 to, the Transport Act 1981 (c. 56).

[^f00015]: There is one amendment to section 58 that is not relevant to this Order.

[^f00016]: Sections 78 to 83 and 85 to 85E were substituted by section 15 of the Mines (Working Facilities and Support) Act 1923 (c. 20).

[^f00017]: Section 103 was amended by the Statute Law Revision Act 1892 (c. 19), Part 3 of Schedule 7 to the Justices of the Peace Act 1949 (c. 101) and section 46 of the Criminal Justice Act 1892 (c. 48).

[^f00018]: Section 145 was amended by the Statute Law Revision Act 1892 and Part 2 of Schedule 12 to the Transport Act 1962 (c. 46).

[^f00019]: Section 64 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of the 1991 Act.

[^f00020]: Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00021]: Section 54 was also amended by section 49(1) of the Traffic Management Act 2004.

[^f00022]: Section 55 was also amended by sections 49(2) and 51(9) of the Traffic Management Act 2004.

[^f00023]: Section 59 was amended by section 42 of the Traffic Management Act 2004.

[^f00024]: S.I. 2016/1154.

[^f00025]: 1991 c. 59.

[^f00026]: 1983 c.16.

[^f00027]: Section 64(4) was amended by paragraph 47 of Schedule 8 to the 1991 Act. There is another amendment that is not relevant to this Order.

[^f00028]: 1839 c. 45.

[^f00029]: 1842 c. 55.

[^f00030]: 1991 c. 56. Section 106 was amended by sections 35(1) and (8) and 43(2) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00031]: S.I. 2016/1154.

[^f00032]: 1991 c. 57.

[^f00033]: S.I. 2017/1012.

[^f00034]: 1981 c. 67.

[^f00035]: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

[^f00036]: Section 11(1B) was inserted by section 186(1) and (2)(b) of the Housing and Planning Act 2016.

[^f00037]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00038]: Schedule 2A was inserted by paragraph 3 of Schedule 3 to the Housing and Planning Act 2016.

[^f00039]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

[^f00040]: Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.

[^f00041]: 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.

[^f00042]: Section 7 was amended by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016.

[^f00043]: Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.

[^f00044]: 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 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00045]: Section 4 was amended by sections 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016.

[^f00046]: 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.

[^f00047]: 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).

[^f00048]: 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) Measures 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00049]: Section 272 was amended by paragraph 103(1) and (2) of Schedule 17 to the 2003 Act.

[^f00050]: 1990 c. 43. Section 82 was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40) and paragraph 6 of Schedule 17 to the Environment Act 1995 (c. 25).

[^f00051]: Section 79(1) was amended by section 2(2) of the Noise and Statutory Nuisance Act 1993, section 120 of, and paragraph 2(a) of Schedule 17 and paragraph 89(2) of Schedule 22 to, the Environment Act 1995, section 101(2) and 102(2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) and sections 109(2), 110(2), 111(2) and 112(2)(a) of the Public Health etc. (Scotland) Act 2008 (asp. 5).

[^f00052]: Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), paragraph 15(3) of Schedule 15 to the Environmental Protection Act 1990 (c. 43), Schedule 24 to the Environment Act 1995 and paragraph 10 of Schedule 6 to the Building (Scotland) Act 2003 (asp. 8).

[^f00053]: 1974 c. 40.

[^f00054]: 1993 c. 43.

[^f00055]: 1994 c. 22.

[^f00056]: 1978 c. 30.

[^f00057]: The term “Historical Railways Estate” includes over 3,100 structure and assets that were formally part of the railway network. The management of the Estate passed to National Highways in 2013 on the abolition of the British Rail Board (Residuary) Limited by the Public Bodies (Abolition of BRB (Residuary) Limited) Order 2013 (S.I. 2013/2314).

[^f00058]: Section 272 to 274 were amended by paragraph 103(1) and (2) of Schedule 17 to the 2003 Act.

[^f00059]: Section 279(3) was amended by paragraph 103(1) and (2), and section 280 was amended by paragraph 104, of Schedule 17 to the 2003 Act. Sections 280 and 282 were amended by S.I. 2009/1307.

[^f00060]: The definition of “public utility undertakers” 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).

[^f00061]: 1989 c. 29.

[^f00062]: 1986 c. 44.

[^f00063]: Section 106(1) was amended by section 4 of the Digital Economy Act 2017 (c. 30).

[^f00064]: 2010 c. 29.

[^f00065]: 1991 c. 59.

[^f00066]: 1991 c. 57.

[^f00067]: S.I. 2015/51.

[^f00068]: S.I. 2016/362.