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

• Citation: S.I. 2022/1067
• Sections: 128

Section 1 Citation and commencement

This Order may be cited as the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 and comes into force on 3rd November 2022.

Section 2 Interpretation

(1) In this Order—

“ the 1961 Act ” means the Land Compensation Act 1961 ;

“ the 1965 Act ” means the Compulsory Purchase Act 1965 ;

“ the 1980 Act ” means the Highways Act 1980 ;

“ the 1981 Act ” means the Acquisition of Land Act 1981 ;

“ the 1984 Act ” means the Road Traffic Regulation Act 1984 ;

“ the 1990 Act ” means the Town and Country Planning Act 1990 ;

“ the 1991 Act ” means the New Roads and Street Works Act 1991 ;

“ the 2003 Act ” means the Communications Act 2003 ;

“ the 2016 Regulations ” means the Environmental Permitting (England and Wales) Regulations 2016 ;

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

“ authorised works ” means the scheduled works and any other works authorised by this Order or any part of them;

“ the book of reference ” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

“ bridleway ” has the same meaning as in the 1980 Act;

“ building ” includes any structure or erection or any part of a building, structure or erection;

“ carriageway ” has the same meaning as in the 1980 Act;

“ cycle track ” has the same meaning as in the 1980 Act;

“ deposited plans ” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;

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

“ electronic transmission ” means a communication transmitted—

by means of an electronic communications network; or

by other means but while in electronic form;

and in this definition “ electronic communications network ” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 2003 ;

“ footpath ” and “ footway ” have the same meaning as in the 1980 Act;

“ highway ” and “ highway authority ” have the same meaning as in the 1980 Act;

“ limits of deviation ” means the limits of deviation for the scheduled works shown on the deposited plans;

“ limits of land to be acquired or used ” means the limits of land to be acquired or used shown on the deposited plans;

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

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

“ Order limits ” means the limits of deviation and the limits of land to be acquired or used shown on the deposited plans;

“ owner ”, in relation to land, has the same meaning as in section 7 (interpretation) of the 1981 Act ;

“ protective works limits ” means the protective works limits shown on the deposited plans;

“ the Trust ” means the Canal and River Trust;

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

“ street ” includes part of a street;

“ street authority ”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

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

“ the relevant parts of the waterways ” means—

so much of the Huddersfield Broad Canal as is within the Order limits; and

so much of the Calder and Hebble Navigation as is within the Order limits; and

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

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in Network Rail’s railway undertaking.

(3) References in this Order to numbered plots are references to plot numbers on the deposited plans.

(4) All distances, directions and lengths referred to in this Order are approximate and distances between points on a scheduled work are taken to be measured along the scheduled work.

(5) References in this Order to points by letters, or letters and numbers are construed as references to points on the deposited plans.

Section 3 Incorporation of the Railway Clauses Acts

(1) The following provisions of the Railways Clauses Consolidation Act 1845 are incorporated in this Order—

section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;

section 61 (company to make sufficient approaches and fences to highways crossing on the level);

section 68 (gates, bridges, &c);

section 71 (power to owners of land to make additional accommodation works), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;

section 72 (such works to be constructed under the superintendence of the company’s engineer) and 73 (accommodation works not to be required after five years);

section 75 (penalty on persons omitting to fasten gates);

section 77 (company not to be entitled to minerals, unless expressly purchased);

sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ;

section 103 (penalty on passengers practising frauds on the company);

section 105 (penalty for bringing dangerous goods on railway), except for the words from “and if any person” to “for every such offence”; and

section 145 (penalties to be summarily recovered before two justices).

(2) Section 12 (as to expense of signals, watchmen, &c.) of the Railways Clauses Act 1863 is incorporated in this Order.

(3) In those provisions, as incorporated in this Order—

“ the company ” means Network Rail;

“ goods ” includes anything conveyed on the railway authorised to be constructed by this Order;

“ lease ” includes an agreement for a lease;

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

“ the railway ” means any railway authorised to be constructed by this Order and any other authorised works;

“ the special Act ” means this Order; and

“ toll ” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.

Section 4 Application of the 1991 Act

(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major transport works if—

(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or

(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) of the 1980 Act.

(2) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

section 56 (power to give directions as to timing of street works);

section 56A (power to give directions as to placing of apparatus);

section 58 (restriction on works following substantial road works);

section 73A (power to require undertaker to re-surface street);

section 73B (power to specify timing, etc., of re-surfacing);

section 73C (materials, workmanship and standard of re-surfacing);

section 78A (contributions to costs of re-surfacing by undertaker); and

Schedule 3A (restriction on works following substantial street works).

(3) The provisions of the 1991 Act mentioned in paragraph (4), together with other provisions of that Act, which apply in relation to the execution of street works, and any regulations made or code of practice issued or approved under those provisions, apply (with the necessary modifications) in relation to the temporary stopping up, temporary alteration or temporary diversion of a street by Network Rail under the powers conferred by article 14 (stopping up of streets) and article 15 (power to alter layout etc. of streets) and article 16 (temporary stopping up of streets) and the carrying out of works under article 13 (power to execute street works), whether or not the stopping up, alteration or diversion, or the carrying out of such works, constitutes street works within the meaning of that Act.

(4) The provisions of the 1991 Act referred to in paragraph (3) are—

section 54 (advance notice of certain works), subject to paragraph (5);

section 55 (notice of starting date of works), subject to paragraph (5);

section 57 (notice of emergency works);

section 59 (general duty of street authority to co-ordinate works);

section 60 (general duty of undertakers to co-operate);

section 68 (facilities to be afforded to street authority);

section 69 (works likely to affect other apparatus in the street);

section 76 (liability for cost of temporary traffic regulation);and

section 77 (liability for cost of use of alternative route);

and all such other provisions as apply for the purposes of the provisions mentioned above.

(5) Sections 54 and 55 of the 1991 Act as applied by paragraph (3) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

(6) Nothing in article 18 (construction and maintenance of new or altered streets)—

(a) prejudices the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and Network Rail is not, by reason of any duty under that article to maintain a street, to be taken to be a street authority in relation to that street for the purposes of Part 3 of that Act; or

(b) has effect in relation to street works with regard to which the provisions of Part 3 of the 1991 Act apply.

Section 5 Disapplication of legislative provisions

(1) The following provisions do not apply in relation to any works executed under the powers conferred by this Order—

(a) regulation 12(1)(a) (requirement for environmental permit) of the 2016 Regulations in relation to the carrying out of a relevant flood risk activity for the purposes of the works;

(b) section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991 ;

(c) paragraph 5 (effect of designation) of Schedule 1 (risk management: designation of features) to the Flood and Water Management Act 2010 ;

(d) paragraph 7 (requirement for approval) of Schedule 3 (sustainable drainage) to the Flood and Water Management Act 2010; and

(e) the provision of any byelaws made under, or having effect as if made under, section 66 (powers to make byelaws) of the Land Drainage Act 1991, which require consent or approval for the carrying out of the works.

(2) In paragraph (1) “ relevant flood risk activity ” means an activity described in paragraph 3(1)(a), (b) or (c) of Schedule 25 (flood risk activities and excluded flood risk activities) to the 2016 Regulations.

(3) Sections 80(2)(b), 81 and 82 of the Building Act 1984 do not apply to the demolition of the whole or part of a building carried out in exercise of the powers under this Order and to which section 80 of the Building Act 1984 otherwise applies.

Section 6 Disapplication of legislative provisions relating to the surrender of an environmental permit

(1) The following provisions do not apply in relation to any application made by Network Rail pursuant to paragraph (2)—

(a) regulation 25 (application for the surrender of an environmental permit) of the 2016 Regulations; and

(b) part 1 of Schedule 5 (Environmental Permits) of the 2016 Regulations.

(2) Subject to paragraph (3) Network Rail may by application to the Environment Agency request the surrender in whole or in part of any environmental permit—

(a) issued by the Environment Agency to any person; or

(b) transferred by the Environment Agency to Network Rail,

under the 2016 Regulations for the operation of a regulated facility on the relevant land.

(3) The Environment Agency must accept any application from Network Rail for the surrender in whole or in part of an environmental permit under paragraph (2) provided that Network Rail have submitted to the Environment Agency, and the Environment Agency have approved, plans detailing in relation to the site of the regulated facility subject of an application under paragraph (2) the measures—

(a) to avoid a pollution risk resulting from the construction and operation of the authorised works on the site of the regulated facility or from the former use of the site as a regulated facility; and

(b) to return the site of the regulated facility to a satisfactory state upon completion of the construction of the authorised works.

(4) Any approval of the Environment Agency required under paragraph (3)—

(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 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 Environment Agency may make for the avoidance of a pollution risk resulting from the construction of the authorised works on the site of the regulated facility or from the former use of the site as a regulated facility.

(5) The construction of any authorised works on the site of a regulated facility which is subject of an approval under paragraph (3) must be constructed—

(a) in accordance with the plans approved or deemed to have been approved under this article; and

(b) to the reasonable satisfaction of the Environment Agency, and an officer of the Environment Agency is entitled, on giving such notice as may be reasonable in the circumstances, to inspect and watch the construction of such works.

(6) Network Rail must give the Environment Agency—

(a) not less than 14 days’ notice in writing of its intention to commence the construction of any authorised works on the site of a regulated facility which is subject of an approval under paragraph (3); and

(b) notice in writing of the completion of such works not less than 7 days’ after the date on which such works are first brought into public use.

(7) Any approval given or deemed to have been given by the Environment Agency to a request for approval under paragraph (3) is to be treated as overriding any requirement under the 2016 Regulations for any further environmental permit in consequence of the construction and operation of the authorised works on the site of the regulated facility subject of such an approval.

(8) Any dispute arising between Network Rail and the Environment Agency under this article, if the parties agree, is to be determined by arbitration under article 57 (arbitration), but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly on a reference to them by Network Rail or the Environment Agency, after notice in writing by one to the other.

(9) In this article—

(a) “ the relevant land ” means the land numbered 21-086, 21-092, 21-094, 21-101, 21-114, 23-024, 23-035, 23-035a, 23-036, 23-046, 23-050, 23-054, 23-055, 23-056, 23-065, 24-003, 24-004 and 24-006 in the district of Kirklees as shown on the deposited plans

(b) “ regulated facility ” has the same meaning as in the 2016 Regulations; and

(c) “plans” has the same meaning given in paragraph 17(2) of Part 3 of Schedule 19 to this Order.

Section 7 Application of local railway enactments

(1) The following provisions do not apply in relation to any works executed under the powers conferred by this Order—

(a) section 38 (company not to obstruct the navigation of the river and canal in constructing or repairing their bridges) of the Manchester and Leeds Railway Act 1836 ;

(b) section 100 (regulations as to width and height of bridges for carrying railway over public roads) of the Manchester and Leeds Railway Act 1836;

(c) section 102 (regulating bridges for carrying public roads over railway) of the Manchester and Leeds Railway Act 1836;

(d) section 12 (as to width and height of bridges for carrying railway over public roads) of the Manchester and Leeds Railway Act 1837 ;

(e) section 13 (regulating width and ascent of bridges for carrying public roads over railway) of the Manchester and Leeds Railway Act 1837;

(f) section 30 (bridge over Thornhill Lees Cut) of the Manchester and Leeds Railway Act 1837;

(g) section 33 (no obstruction to be made to the Calder and Hebble Navigation, &c.) of the Manchester and Leeds Railway Act 1837;

(h) section 25 (prescribing manner of constructing bridges over cuts in the township of Mirfield) of the Leeds, Dewsbury and Manchester Railway Act 1845 ;

(i) section 26 (prescribing manner of constructing bridges over the river part of the Calder and Hebble Navigation) of the Leeds, Dewsbury and Manchester Railway Act 1845;

(j) section 27 (no obstruction to be made to the Calder and Hebble Navigation, &c.) of the Leeds, Dewsbury and Manchester Railway Act 1845;

(k) section 16 (clauses of recited Act as to the protection of the Calder and Hebble Navigation extended to this Act) Leeds, Dewsbury and Manchester (Deviations and Branches) Railway Act 1846 ; and

(l) section 21 (for the protection of the Calder and Hebble Navigation) of the London and North Western Railway Act 1885 .

(2) Section 4(2) (power to make railway, &c. according to deposited plans) of the London and North Western Railway (Wortley to Leeds, &c.) Act 1878 has effect subject to the repeal of—

Provided always, that the Company shall not enter upon, take, or use any part of the lands numbered 84 on that part of the deposited plans which relates to the parish of Huddersfield, expect with the previous consent in writing of William Henry Hirst, his executors, administrators or assigns:

(3) Section 22 (for the protection of the Lancashire and Yorkshire Railway Company as to new road at Ravensthorpe) of the London and North Western Railway Act 1885 is repealed and ceases to have effect.

(4) Section 38 (agreement with Ravensthorpe and Thornhill local boards confirmed) of the London and North Western Railway Act 1888 is repealed and ceases to have effect.

Section 8 Power to construct and maintain works

(1) Network Rail may construct and maintain the scheduled works.

(2) Subject to article 12 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

(3) Network Rail may on the land specified in columns (1) and (2) of Schedule 2 (acquisition of certain lands for ancillary works) carry out and maintain any works specified in relation to that land in column (3) of that Schedule together with all works as may be necessary or expedient in connection with those works.

(4) Network Rail may on land specified in columns (1) and (2) of Schedule 10 (acquisition of new rights and imposition of restrictive covenants only) carry out and maintain any works specified in relation to that land in column (3) of that Schedule with all works as may be necessary or expedient in connection with those works.

(5) Network Rail may, on the land specified in columns (1) and (2) of Schedule 13 (power to acquire ground anchor rights) carry out and maintain any works specified in relation to that land in articles 30(4)(a) and 30(4)(b) (power to acquire ground anchor rights) with all works as may be necessary or expedient in connection with those works.

(6) Network Rail may on land specified in columns (1) and (2) of Schedule 14 (acquisition of subsoil) carry out and maintain any works specified in relation to that land in column (3) of that Schedule with all works as may be necessary or expedient in connection with those works.

(7) Network Rail may on land specified in columns (1) and (2) of Schedule 15 (land of which only subsoil may be acquired) carry out and maintain any works specified in relation to that land in article 32(2) (power to acquire subsoil or airspace only) with all works as may be necessary or expedient in connection with those works.

(8) Subject to paragraph (10), Network Rail may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely—

(a) construction of electrification works, electrical equipment, signalling and permanent way works;

(b) buildings, yards, machinery, plant, apparatus, track drainage works, fencing, platforms, platform shelters, and other works and conveniences;

(c) make, provide and maintain all such approaches, ramps, footbridges, subways, lifts, stairs, passages, shafts and stagings, means of access, turning places, footpaths, bridleways, cycle tracks, gates, including temporary means of access from a highway to adjoining land;

(d) embankments, cuttings, aprons, abutments, retaining walls, wing walls, ground anchors, rock anchors and culverts;

(e) works for the strengthening or alteration of viaducts and viaduct pile strengthening works;

(f) works for the strengthening, alteration or demolition of any building;

(g) works to alter or remove any structure erected upon any highway or adjoining land;

(h) works to alter the position of apparatus, including mains, sewers, drains, cables and street furniture;

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

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

(k) works for the benefit or protection of premises affected by the scheduled works.

(9) Subject to paragraph (10), Network Rail may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised works.

(10) Paragraphs (8) and (9) only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on—

(a) land specified in columns (1) and (2) of Schedule 2 (acquisition of certain lands for ancillary works) for the purpose specified in relation to that land in column (3) of that Schedule;

(b) land specified in columns (1) and (2) of Schedule 10 (acquisition of new rights and imposition of restrictive covenants only) for the purposes specified in column (3) of that Schedule;

(c) land specified in columns (1) and (2) of Schedule 13 (power to acquire ground anchor rights) for the proposes specified in articles 30(4)(a) and 30(4)(b) (power to acquire ground anchor rights);

(d) land specified in columns (1) and (2) of Schedule 14 (acquisition of subsoil) for the purposes specified in column (3) of that Schedule;

(e) land specified in columns (1) and (2) of Schedule 15 (land of which only subsoil may be acquired) for the purposes specified in article 32(2) (power to acquire subsoil or airspace only); or

(f) land specified in columns (1) and (2) of Schedule 16 (land of which temporary possession may be taken) for the purposes specified in relation to that land in column (3) of that Schedule, relating to the scheduled works specified in column (4) of that Schedule.

(11) Network Rail may, within the Order limits—

(a) carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance and operation of the authorised works (other than works authorised by this paragraph); and

(b) carry out and maintain works for the benefit or protection of land affected by the authorised works (other than works authorised by this paragraph).

Section 9 Station works at Huddersfield

Network Rail may, in the construction of Work No. 1C, and within the limits of deviation for that work—

(a) alter and extend Huddersfield station with all necessary works and conveniences connected with that work, including the construction of a new platform, new platform extensions and new canopy over Network Rail’s platforms at the station;

(b) construct a new passenger footbridge incorporating lifts and staircases at the station; and

(c) extend the existing passenger subway (MVL3/91) at the station and infill the existing parcel subway (MVL3/91A) at the station.

Section 10 Station works at Deighton

Network Rail may, in the construction of Work No. 5, and within the limits of deviation for that work—

(a) alter and extend Deighton station with all necessary works and conveniences connected with that work, including the demolition of the two existing platforms and the construction of two new platforms; and

(b) construct a new passenger footbridge incorporating lifts and staircases at the station.

Section 11 Station works at Mirfield

Network Rail may, in the construction of Work No. 14, and within the limits of deviation for that work—

(a) alter and extend Mirfield station with all necessary works and conveniences connected with that work, including the demolition of an existing platform and the construction of new platform extensions; and

(b) construct a new passenger footbridge incorporating lifts and staircases at the station.

Section 12 Power to deviate

In constructing or maintaining any of the scheduled works, Network Rail may—

(a) deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation for that work; and

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

(i) to any extent upwards not exceeding 0.5 metres in relation to Work Nos. 1A and 1B;

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

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

Section 13 Power to execute street works

(1) Network Rail may, for the purposes of the authorised works, enter upon so much of any of the streets specified in Schedule 3 (streets subject to street works) as are within the Order limits to the extent necessary and may—

(a) break up or open the street, or any sewer, drain or tunnel under it, or tunnel or bore under the street;

(b) place apparatus in the street;

(c) maintain apparatus in the street or change its position; and

(d) execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c).

(2) This article is subject to paragraph 3 of Schedule 18 (provisions relating to statutory undertakers etc.).

(3) In this article “ apparatus ” has the same meaning as in Part 3 of the 1991 Act.

Section 14 Stopping up of streets

(1) Subject to the provisions of this article, Network Rail may, in connection with the carrying out of the authorised works, stop up each of the streets specified in columns (1) and (2) of Parts 1 and 2 of Schedule 4 (streets to be stopped up) to the extent specified in column (3) of Parts 1 and 2 of that Schedule.

(2) No street specified in columns (1) and (2) of Part 1 of Schedule 4 (streets for which a substitute is to be provided) is to be wholly or partly stopped up under this article unless—

(a) the new street to be constructed and substituted for it, which is specified in column (4) of that Part of that Schedule, has been constructed and completed to the reasonable satisfaction of the street authority and is open for use; or

(b) a temporary alternative route for the passage of such traffic as could have used the street to be stopped up is first provided and then maintained by Network Rail, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street until the completion and opening of the new street in accordance with sub-paragraph (a).

(3) No street specified in columns (1) and (2) of Part 2 of Schedule 4 (street for which no substitute is to be provided) is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the land which abuts on either side of the street to be stopped up.

(4) The condition referred to in paragraph (3) is that—

(a) Network Rail is in possession of the land; or

(b) there is no right of access to the land from the street concerned; or

(c) there is reasonably convenient access to the land otherwise than from the street concerned; or

(d) the owners and occupiers of the land have agreed to the stopping up.

(5) Where a street has been stopped up under this article—

(a) all rights of way over or along the street so stopped up are extinguished; and

(b) Network Rail may appropriate and use for the purpose of its railway undertaking so much of the site of the street as is bounded on both sides by land owned by Network Rail.

(6) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(7) This article is subject to paragraph 2 of Schedule 18 (provisions relating to statutory undertakers etc.).

Section 15 Power to alter layout etc. of streets

(1) Network Rail may for the purposes of the authorised works alter the layout of, and carry out any works in, the streets specified in columns (1) and (2) of Schedule 5 (streets subject to alteration of layout) in the manner specified in relation to that street in column (3).

(2) Without limiting the scope of the specific powers conferred by article 8 (power to construct and maintain works) or paragraph (1), but subject to paragraph (3), Network Rail may, for the purposes of constructing, maintaining or using the authorised works, alter the layout of any street within the Order limits and the layout of any street having a junction with such a street; and, without limitation on the scope of that power, Network Rail may—

(a) increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street;

(b) alter the level or increase the width of any such kerb, footpath, footway, cycle track or verge; and

(c) reduce the width of the carriageway of the street.

(3) Network Rail must restore to the reasonable satisfaction of the street authority any street which has been temporarily altered under this article.

(4) The powers conferred by paragraph (2) must not be exercised without the consent of the street authority, but such consent must not be unreasonably withheld.

(5) If within 28 days of receiving an application for consent under paragraph (4) a street authority fails to notify Network Rail of its decision or refuses consent without giving any grounds for its refusal, that street authority is deemed to have granted consent.

Section 16 Temporary stopping up of streets

(1) Network Rail, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time—

(a) divert the traffic from the street; and

(b) subject to paragraph (3), prevent all persons from passing along the street.

(2) Without limitation on the scope of paragraph (1), Network Rail may use any street stopped up under the powers conferred by this article as a temporary working site.

(3) Network Rail must provide reasonable access for pedestrians going to or from premises abutting a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.

(4) Without limitation on the scope of paragraph (1), Network Rail may exercise the powers conferred by this article in relation to the streets specified in columns (1) and (2) of Schedule 6 (streets to be temporarily stopped up) to the extent specified in column (3) of that Schedule.

(5) Network Rail must not exercise the powers conferred by this article—

(a) in relation to any street specified as mentioned in paragraph (4) without first consulting the street authority; and

(b) in relation to any other street without the consent of the street authority which may attach reasonable conditions to any consent, but such consent must not be unreasonably withheld.

(6) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(7) If within 28 days of receiving an application for consent under paragraph (5)(b) a street authority fails to notify Network Rail of its decision or refuses consent without giving any grounds for its refusal that street authority is deemed to have granted consent.

Section 17 Access to works

(1) Network Rail may, for the purposes of the authorised works—

(a) form and lay out means of access, or improve existing means of access, in the locations specified in columns (1) and (2) of Schedule 7 (access to works) at or about the points marked “A” on the deposited plans; and

(b) with the approval of the highway authority, form and lay out such other means of access, or improve existing means of access, at such locations within the Order limits as Network Rail reasonably requires for the purposes of the authorised works.

(2) If a highway authority fails to notify Network Rail of its decision within 28 days of receiving an application for approval, under paragraph (1)(b), the highway authority is deemed to have granted approval.

Section 18 Construction and maintenance of new or altered streets

(1) With the exception of the street specified in paragraph (6), any street to be constructed under this Order must be completed to the reasonable satisfaction of the highway authority and, unless otherwise agreed in writing between Network Rail and the highway authority, must be maintained by and at the expense of Network Rail for a period of 12 months from its completion and at the expiry of that period by and at the expense of the highway authority.

(2) Where a street is altered or diverted under this Order, the altered or diverted part of the street must, when completed to the reasonable satisfaction of the street authority, unless otherwise agreed in writing between Network Rail and the street authority, be maintained by and at the expense of Network Rail for a period of 12 months from its completion and from the expiry of that period by and at the expense of the street authority.

(3) Paragraphs (1) and (2) do not apply in relation to the structure of any bridge or tunnel carrying a street over or under any railway of Network Rail and except as provided in those paragraphs Network Rail is not liable to maintain the surface of any street under or over which the scheduled works are constructed, or the immediate approaches to any street.

(4) In any action against Network Rail in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without affecting any other defence or the application of the law relating to contributory negligence) to prove that Network Rail had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

(5) For the purposes of a defence under paragraph (4), the court must in particular have regard to the following matters—

(a) the character of the street and the traffic which was reasonably to be expected to use it;

(b) the standard of maintenance appropriate for a street of that character and used by such traffic;

(c) the state of repair in which a reasonable person would have expected to find the street;

(d) whether Network Rail knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and

(e) where Network Rail could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that Network Rail had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that Network Rail had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions.

(6) The excepted street in paragraph (1) is the access road on the land numbered 25-049, 25-056 and 25-067 in the district of the Kirklees on the deposited plans.

(7) In the case of the street specified in paragraph (6), the street to be constructed under this Order must be completed to the reasonable satisfaction of the street authority and, unless otherwise agreed in writing between Network Rail and the street authority, must be maintained by and at the expense of Network Rail for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.

Section 19 Construction of bridges

(1) Any bridge to be constructed under this Order for carrying a highway over or under a railway must be constructed in accordance with the plans and specifications approved by the highway authority, but such approval not to be unreasonably withheld.

(2) If within 28 days of receiving an application for approval under paragraph (1) a highway authority fails to notify Network Rail of its decision or refuses approval without giving any grounds for its refusal that highway authority is deemed to have granted approval.

Section 20 Agreements with street authorities

(1) A street authority and Network Rail may enter into agreements with respect to—

(a) the construction of any new street (including any structure carrying the street over or under a railway) under the powers conferred by this Order;

(b) the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order;

(c) the maintenance of the structure of any bridge constructed under the powers conferred by this Order;

(d) any stopping up, alteration or diversion of a street under the powers conferred by this Order; or

(e) the execution in the street of any of the works referred to in article 13(1) (power to execute street works).

(2) Such an agreement may, without limitation on the scope of paragraph (1)—

(a) make provision for the street authority to carry out any function under this Order which relates to the street in question; and

(b) contain such terms as to payment and otherwise as the parties consider appropriate.

Section 21 Accommodation crossings

(1) Subject to paragraph (2) and regardless of anything in the Manchester and Leeds Railway Act 1836, the Manchester and Leeds Railway Act 1837 and section 68 (accommodation works by the Company) of the Railways Clauses Consolidation Act 1845 as incorporated in the Huddersfield and Manchester Railway and Canal Act 1845 , the Leeds, Dewsbury and Manchester Railway Act 1845, the Huddersfield and Manchester Railway and Canal (Huddersfield Diversion and Cooper Bridge Branch) Act 1846 and the London and North Western Railway (Wortley to Leeds etc.) Act 1878 or any other enactment or instrument, all public or private rights of way (if any) across the railway by means of the accommodation facilities specified in columns (2) and (3) of Parts 1 and 2 Schedule 8 (accommodation crossings), are extinguished.

(2) Paragraph (1) does not take effect with respect to the extinguishment of the private rights of way by means of an accommodation facility specified in columns (2) and (3) of Part 1 of Schedule 8 (accommodation crossings for which a substitute is to be provided) until the accommodation facility specified in relation to it in column (4) of Part 1 of that Schedule has been provided.

(3) Any person who suffers loss by the extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

Section 22 Discharge of water

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

(2) Any dispute arising from the exercise of the powers in paragraph (1) to connect to or use a public sewer or drain is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991 .

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

(4) Network Rail must not make any opening into any public sewer or drain except—

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

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

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

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

(7) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) (requirement for environmental permit) of the 2016 Regulations.

(8) If a person who receives an application for consent or approval fails to notify Network Rail of a decision within 28 days of receiving an application for consent under paragraph (3) or approval under paragraph (4)(a) that person is deemed to have granted consent or given approval, as the case may be.

(9) In this article—

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

(b) other expressions, excluding watercourses, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.

Section 23 Protective works to buildings, roads and apparatus of a statutory undertaker

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

(a) any building; or

(b) any road; or

(c) any apparatus of a statutory undertaker,

lying within the Order limits or the protective works limits as Network Rail considers to be necessary or expedient.

(2) Protective works may be carried out—

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

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

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

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

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

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

(5) Before exercising—

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

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

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

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

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

(6) Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land or the owner of the road or apparatus concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 57 (arbitration).

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

(8) Where—

(a) protective works are carried out under this article to a building, road or apparatus falling within paragraph (1); and

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

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

(9) Without affecting article 56 (no double recovery) nothing in this article relieves Network Rail from any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 Act.

(10) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(11) In this article—

“ protective works ” in relation to a building, road or apparatus means—

underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building, road or apparatus by the construction, maintenance or operation of the authorised works;

any works the purpose of which is to remedy any damage which has been caused to the building, road or apparatus by the construction, maintenance or operation of the authorised works; and

any works the purpose of which is to secure the safe operation of the authorised works or to prevent or minimise the risk of such operation being disrupted; and

“ road ” includes any structure supporting the road.

Section 24 Power to survey and investigate land

(1) Network Rail may for the purposes of this Order—

(a) survey or investigate any land shown within the Order limits;

(b) without limitation on the scope of sub-paragraph (a), make trial holes in such positions on the land as Network Rail thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

(c) without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land;

(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes; and

(e) enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (d).

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1), unless at least 7 days’ notice has been served on every owner and occupier of the land.

(3) Notice given in accordance with paragraph (2) must include—

(a) a statement of the recipient’s rights under paragraph (15); and

(b) a copy of any warrant issued under paragraph (8).

(4) If Network Rail proposes to do any of the following, the notice must include details of what is proposed—

(a) searching, boring or excavating;

(b) leaving apparatus on the land;

(c) taking samples;

(d) an aerial survey;

(e) carrying out any other activities that may be required to facilitate compliance with the instruments mentioned in paragraph (5).

(5) The instruments referred to in paragraph (4)(e) are—

(a) Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment ; or

(b) Council Directive 92/43/EEC of 21 May 1992 of the on the conservation of natural habitats and of wild fauna and flora .

(6) If Network Rail obtains a warrant after giving notice in accordance with paragraph (2) it must give a copy of the warrant to all those to whom it gave that notice.

(7) Any person entering land under this article on behalf of Network Rail—

(a) must, if so required, before or after entering the land produce written evidence of authority to do so including any warrant issued under paragraph (8);

(b) may not use force unless a justice of the peace has issued a warrant under paragraph (8) authorising the person to do so;

(c) may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes;

(d) may only enter and survey at a reasonable time; and

(e) must, if the land is unoccupied or the occupier is absent from the land when the person enters it, leave it as secure against trespassers as when the person entered it.

(8) A justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred by this article if satisfied—

(a) that another person has prevented or is likely to prevent the exercise of that power; and

(b) that it is reasonable to use force in the exercise of that power.

(9) The force that may be authorised by a warrant is limited to that which is reasonably necessary.

(10) A warrant authorising the person to use force must specify the number of occasions on which Network Rail can rely on the warrant when entering and surveying or valuing land.

(11) The number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry and survey or valuation are required.

(12) Any evidence in proceedings for a warrant under this article must be given on oath.

(13) No trial holes are to be made under this article—

(a) in a carriageway or footway without the consent of the highway authority; or

(b) in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld.

(14) If either a highway authority or a street authority which receives an application for consent fails to notify Network Rail of its decision within 14 days of receiving the application for consent—

(a) under paragraph (13)(a) in the case of a highway authority; or

(b) under paragraph (13)(b) in the case of a street authority,

that authority is deemed to have granted consent.

(15) Network Rail must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(16) Nothing in this article overrides the need to obtain scheduled monument consent under the Ancient Monuments and Archaeological Areas Act 1979 .

Section 25 Temporary closure of, and works in the Huddersfield Broad Canal and the Calder and Hebble Navigation

(1) Network Rail may, in connection with the construction of the authorised works—

(a) temporarily interfere with the relevant parts of the waterways by constructing or maintaining caissons, cofferdams or other temporary works at any point within the relevant part of the waterway as Network Rail considers necessary or expedient;

(b) temporarily moor or anchor barges or other vessels or craft in the relevant parts of the waterways;

(c) load or unload into and from such barges, other vessels or craft as are referred to in sub-paragraph (b) equipment, machinery, soil and any other materials; and

(d) temporarily close to navigation the relevant parts of the waterways.

(2) During the period of any closure referred to in paragraph (1)(d), all rights of navigation and other rights relating to, and any obligations of the Trust to manage, the relevant parts of the waterways so closed are to be suspended and unenforceable against the Trust.

(3) The power conferred by paragraph (1) must be exercised in a way which secures—

(a) that no more of the relevant parts of the waterways are closed to navigation at any time than is necessary in the circumstances; and

(b) that, if complete closure to navigation of the relevant parts of the waterways becomes necessary, reasonable steps are taken to secure that the period of closure is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part so closed.

(4) Any person who suffers loss or damage as a result of the suspension or interruption of any right under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

Section 26 Power to acquire land

(1) Network Rail may acquire compulsorily—

(a) so much of the land shown on the deposited plans within the Order limits as land to be acquired compulsorily and described in the book of reference as may be required for the purposes of the authorised works; and

(b) so much of the land specified in columns (1) and (2) of Schedule 2 (acquisition of certain lands for ancillary works) (being land shown on the deposited plans and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that Schedule,

and may use any land so acquired for those purposes, or for any other purposes that are ancillary to its railway undertaking.

(2) This article is subject to article 29 (power to acquire new rights), article 30 (power to acquire ground anchor rights), article 31 (power to acquire subsoil and imposition of restrictive covenants), article 32(2) (power to acquire subsoil or airspace only) and article 34 (temporary use of land for construction of works).

(3) This article does not apply to—

(a) any land shown on the deposited plans within the protective works limits and described in the book of reference; and

(b) any land specified in Schedule 17 (temporary use of land for access).

Section 27 Application of Part 1 of the 1965 Act

(1) Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, applies to the acquisition of land under this Order—

(a) as it applies to a compulsory purchase to which the 1981 Act applies; and

(b) as if this Order were a compulsory purchase order under that Act.

(2) Part 1 of the 1965 Act, as applied by paragraph (1), has effect with the following modifications.

(3) Omit section 4 (which provides a time limit for compulsory purchase of land).

(4) In section 4A(1) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4”, substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 40 (time limit for exercise of powers of acquisition) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022” .

(5) In section 11(1B) (powers of entry) in a case where the notice to treat relates only to the acquisition of an easement or other right over land, for “3 months” substitute “1 month” .

(6) In section 11A (powers of entry: further notices of entry)—

(a) in subsection (1)(a), after “land” insert “under that provision” ;

(b) in subsection (2), after “land” insert “under that provision” .

(7) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 40 (time limit for exercise of powers of acquisition) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022” .

(8) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

(a) for paragraphs 1(2) and 14(2) substitute—

(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.

(b) after paragraph 29, insert—

INTERPRETATION

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 23 (protective works to buildings, roads and apparatus of a statutory undertaker), article 34 (temporary use of land for construction of works) or 35 (temporary use of land for maintenance of works) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022.

Section 28 Application of the Compulsory Purchase (Vesting Declarations) Act 1981

(1) The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Order were a compulsory purchase order.

(2) The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), has effect with the following modifications.

(3) In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.

(4) Omit section 5A (time limit for general vesting declaration).

(5) In section 5B (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 22 of the Transport and Works Act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 40 (time limit for exercise of powers of acquisition) of the Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022” .

(6) In section 6 (notices after execution of declaration), in subsection (1)(b), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 14A of the Transport and Works Act 1992” .

(7) In section 7 (constructive notice to treat) in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(8) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) for paragraph 1(2) substitute—

(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.

(9) References to the 1965 Act are construed as references to that Act as applied to the acquisition of land under article 26 (power to acquire land) by article 27 (application of Part 1 of the 1965 Act).

Section 29 Power to acquire new rights

(1) Subject to paragraphs (4) and (5), Network Rail may acquire compulsorily such easements or other rights over any land which it is authorised to acquire under article 26 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.

(2) In the case of the land specified in columns (1) and (2) of Schedule 9 (land subject to imposition of restrictive covenants), Network Rail’s powers under paragraphs 1(a) and 1(b) of article 26 (power to acquire land) also includes the power to impose restrictive or other covenants over the land as may be required for the purposes specified in relation to that land in column (3) of that Schedule.

(3) Network Rail may impose restrictive or other covenants affecting any land referred to in—

(a) article 30 (power to acquire ground anchor rights) and columns (1) and (2) of Schedule 13 (power to acquire ground anchor rights) as may be required for the purposes referred to in article 30(5); and

(b) article 31 (power to acquire subsoil and imposition of restrictive covenants) and columns (1) and (2) of Schedule 14 (power to acquire subsoil) as may be required for the purposes referred to in article 31(2).

(4) In the case of the land specified in columns (1) and (2) of Schedule 10 (acquisition of new rights and imposition of restrictive covenants only) Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the compulsory acquisition of such new rights and the imposition of restrictive or other covenants over land as may be required for the purpose specified in relation to that land in column (3) of that Schedule.

(5) In the case of the land specified in columns (1) and (2) of Schedule 11 (imposition of restrictive covenants only) Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the imposition of restrictive or other covenants over land as may be required for the purpose specified in relation to that land in column (3) of that Schedule.

(6) Without limitation on the scope of paragraph (1), the rights which may be acquired under that paragraph include the acquisition of rights over the land numbered 25-049, 25-056 and 25-067 in the district of Kirklees as shown on the deposited plans to provide a means of vehicular access for the benefit of the owners and occupiers of land affected by the closure of MDL1 Bridge 10 – Occupation Underbridge;

(7) Subject to Schedule 2A (counter-notice requiring purchase of land) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 12 (modification of compensation and compulsory purchase enactments for creation of new rights or imposition of restrictive covenants) where Network Rail acquires a right over land or the benefit of a restrictive or other covenant under paragraph (1), paragraph (2), paragraph (4), paragraph (5), article 30 (power to acquire ground anchor rights) or article 31 (power to acquire subsoil and imposition of restrictive covenants) Network Rail is not required to acquire a greater interest in that land.

(8) Schedule 12 (modification of compensation and compulsory purchase enactments for creation of new rights or imposition of restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article, article 30 (power to acquire ground anchor rights) or article 31 (power to acquire subsoil and imposition of restrictive covenants) of a right over land by the creation of a new right or the imposition of restrictive or other covenant under these articles.

(9) In any case where the acquisition of new rights under paragraph (1) or (4) is required for the purpose of diverting, replacing or protecting apparatus of an undertaker Network Rail may, with the consent of the Secretary of State, transfer the power to acquire such rights to the undertaker in question.

(10) The exercise by an undertaker of any power in accordance with a transfer under paragraph (9) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by Network Rail.

(11) In paragraphs (9) and (10) “ undertaker ” means—

(a) any person who is a statutory undertaker for the purposes of the 1990 Act; and

(b) any public communications provider within the meaning of section 151(1) of the 2003 Act.

Section 30 Power to acquire ground anchor rights

(1) In the case of the land specified in columns (1) and (2) of Schedule 13 (power to acquire ground anchor rights) Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the compulsory acquisition of ground anchor rights in the subsoil or under surface of the land and the imposition of restrictive or other covenants affecting land under paragraph (5).

(2) Where Network Rail acquires ground anchor rights in the subsoil or under surface of land to which this article applies or imposes a restrictive or other covenant under paragraph (5) affecting land it is not required to acquire a greater interest in the land or any other interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to ground anchor rights or under paragraph (5) in relation to the imposition of restrictive or other covenants—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the Compulsory Purchase (Vesting Declarations) Act 1981; and

(c) section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

(4) In this article “ ground anchor rights ” means—

(a) rights to insert ground anchors or soil nails into the subsoil, or to carry out other subsoil works, for the purpose of strengthening and stabilising Work No. 5 and Work No. 14 as described in Schedule 1 (scheduled works); and

(b) rights to maintain the ground anchors, soil nails or other subsoil works referred to in sub-paragraph (a).

(5) In addition to acquiring ground anchor rights over the land referred to in columns (1) and (2) of Schedule 13, Network Rail may impose such restrictive or other covenants affecting the land as may be required for the purposes of maintaining or protecting the ground anchors, soil nails or other subsoil works referred to in paragraph (4)(a).

(6) Paragraphs (2) and (3) are to be disregarded where Network Rail acquires ground anchor rights affecting a cellar, vault, arch or other construction forming part of a house, building or manufactory.

Section 31 Power to acquire subsoil and imposition of restrictive covenants

(1) In the case of the land specified in columns (1) and (2) of Schedule 14 (acquisition of subsoil), Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the compulsory acquisition of only so much of, or such rights in, the subsoil or under surface of that land as may be required for the purpose specified in relation to that land in column (3) of that Schedule and the imposition of restrictive or other covenants affecting land under paragraph (2).

(2) In addition to acquiring so much of, or such rights in, the subsoil or under surface of land referred in columns (1) and (2) of Schedule 14, Network Rail may impose such restrictive or other covenants affecting the land as may be required for the purposes of maintaining or protecting any subsoil works constructed in the subsoil or under surface of that land for the purposes of strengthening and stabilising Work No. 1A and Work No. 1B as described in Schedule 1 (scheduled works).

(3) Where Network Rail acquires any part of, or rights in, the subsoil or under surface of land under paragraph (1) or imposes a restrictive or other covenant under paragraph (2), Network Rail is not required to acquire a greater interest in the land or any other interest in any other part of the land.

(4) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only or under paragraph (2) in relation to the imposition of restrictive or other covenants—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the Compulsory Purchase (Vesting Declarations) Act 1981; and

(c) section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

(5) Paragraphs (3) and (4) are to be disregarded where Network Rail acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.

Section 32 Power to acquire subsoil or airspace only

(1) Network Rail may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraphs (1)(a) or (b) of article 26 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) In the case of the land specified in columns (1) and (2) of Schedule 15 (land of which only subsoil may be acquired), Network Rail’s powers of compulsory acquisition under article 26(1) are limited to the compulsory acquisition of only so much of, or such rights in, the subsoil or under surface of that land as may be required for the purposes of the—

(a) construction, operation and maintenance of Work No. 1A and Work No. 1B as described in Schedule 1 (scheduled works); and

(b) construction, operation and maintenance of works for the purposes of strengthening and stabilising Work No. 1A and Work No. 1B as described in Schedule 1.

(3) Where Network Rail acquires any part of, or rights in, the subsoil of or the airspace over land under paragraphs (1) or (2), Network Rail is not required to acquire an interest in any other part of the land.

(4) The following do not apply in connection with the exercise of the power under paragraphs (1) or (2) in relation to subsoil or airspace only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the Compulsory Purchase (Vesting Declarations) Act 1981; and

(c) section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

(5) Paragraphs (3) and (4) are to be disregarded where Network Rail acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

Section 33 Rights under or over streets

(1) Network Rail may enter upon and appropriate so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised works and may use the subsoil or airspace for those purposes or any other purpose ancillary to its railway undertaking.

(2) Subject to paragraph (4), the power under paragraph (1) may be exercised in relation to a street without Network Rail being required to acquire any part of the street or any easement or right in the street.

(3) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without Network Rail acquiring any part of that person’s interest in the land, and who suffers loss by the exercise of that power, is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(4) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(5) Compensation is not payable under paragraph (3) to any person who is an undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Section 34 Temporary use of land for construction of works

(1) Network Rail may, in connection with the carrying out of the authorised works—

(a) enter upon and take temporary possession of—

(i) the land specified in columns (1) and (2) of Schedule 16 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the authorised works (or any of those works) specified in column (4) of that Schedule; and

(ii) subject to paragraph (12), any other land within the Order limits in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the Compulsory Purchase (Vesting Declarations) Act 1981;

(b) remove any buildings and vegetation from that land;

(c) construct temporary works (including the provision of means of access) and buildings on that land;

(d) temporarily occupy and use airspace for the purposes of the operation of a crane in connection with the construction of the authorised works; and

(e) construct any permanent works specified in relation to that land in column (3) of Schedule 16 or any other permanent mitigation works on that land.

(2) Without limitation on the scope of paragraph 1(a)(i) the power exercisable under paragraph 1(a)(i) in respect of the land numbered 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 in the district of Kirklees as shown on the deposited plans is to be limited to the temporary occupation and use of the designated airspace for the purposes of temporary utility diversions through the designated airspace in connection with the construction of the authorised works.

(3) Not less than 14 days before entering upon and taking temporary possession of land under this article Network Rail must serve notice of the intended entry on the owners and occupiers of the land.

(4) Network Rail may not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a) in the case of land specified in columns (1) and (2) of Schedule 16, after the end of the period of one year beginning with the date of completion of the work specified in relation to that land in column (4) of Schedule 16; or

(b) in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless Network Rail has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981.

(5) Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land, but Network Rail is not required to—

(a) replace a building removed under this article; or

(b) restore the land on which any works have been constructed under paragraph 1(e).

(6) Network Rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(8) Without affecting article 56 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2) (further provisions as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).

(9) The powers of compulsory acquisition of land conferred by this Order do not apply in relation to the land referred to in paragraph (1)(a)(i).

(10) Where Network Rail takes possession of land under this article, Network Rail is not required to acquire the land or any interest in it.

(11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 27(1) (application of Part 1 of the 1965 Act).

(12) Paragraph (1)(a)(ii) does not authorise Network Rail to take temporary possession of any land which it is not authorised to acquire under article 26 (power to acquire land).

(13) In this article “ designated airspace ” means so much of the airspace as is comprised in the airspace directly above the highest point of any building currently located on the land specified in paragraph (2).

Section 35 Temporary use of land for maintenance of works

(1) Subject to paragraph (2), at any time during the maintenance period relating to any of the scheduled works, Network Rail may—

(a) enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the work or any ancillary works connected with it; and

(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise Network Rail to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering upon and taking temporary possession of land under this article Network Rail must serve notice of the intended entry on the owners and occupiers of the land.

(4) Network Rail may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of works for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6) Network Rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(8) Without affecting article 56 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2) (further provisions as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where Network Rail takes possession of land under this article, Network Rail is not required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 27(1) (application of Part 1 of the 1965 Act).

(11) In this article “ the maintenance period ”, in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use.

Section 36 Temporary use of land for access

(1) Network Rail may use any land specified in Schedule 17 (temporary use of land for access) for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction of the authorised works.

(2) The power under paragraph (1) is exercisable on giving at least 7 days’ notice (or, where access is urgently required, such notice as is reasonably practicable) to the owners and occupiers of the land.

(3) But paragraph (2) does not require notice to be given in relation to land where notice under that paragraph has already been given in relation to that land.

(4) Network Rail must pay compensation to the owners and occupiers of the land to which paragraph (1) applies for any loss or damage arising from the exercise of the power conferred by that paragraph.

(5) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of such compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(6) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of article 27(1) (application of Part 1 of the 1965 Act).

Section 37 Disregard of certain interests and improvements

(1) In assessing the compensation payable to any person on the acquisition from that person of any land under this Order, the tribunal must not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In paragraph (1) “ relevant land ” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

Section 38 Set-off for enhancement in value of retained land

(1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised works.

(2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil), or the imposition of restrictive or other covenants, under this Order, the tribunal must set off against the value of the rights so acquired or restrictive or other covenants imposed—

(a) any increase in the value of the land over which the new rights are required or restrictive or other covenants are imposed; and

(b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised works.

(3) The 1961 Act has effect, subject to paragraphs (1) and (2), as if this Order were a local enactment for the purposes of that Act.

Section 39 Extinction or suspension of private rights of way

(1) Subject to the provisions of this article all private rights of way over land subject to compulsory acquisition under this Order are extinguished—

(a) as from the date of acquisition of the land by Network Rail, whether compulsorily or by agreement; or

(b) on the date of entry on the land by Network Rail under section 11(1) (powers of entry) of the 1965 Act,

whichever is the sooner.

(2) Subject to the provisions of this article in respect of land owned by Network Rail and required for the purposes of this Order all private rights of way are extinguished on the appropriation of the land for any of those purposes by Network Rail.

(3) Subject to the provisions of this article, all private rights of way over land subject to the compulsory acquisition of rights or the imposition of restrictive or other covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive or other covenant—

(a) as from the date of the acquisition of the right or the imposition of the restrictive or other covenant by Network Rail, whether compulsorily or by agreement; or

(b) on the date of entry on the land by Network Rail under section 11(1) of the 1965 Act in pursuance of the right or enforcement of the restrictive or other covenant,

whichever is the sooner.

(4) Subject to the provisions of this article all private rights of way over land of which Network Rail takes temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.

(5) Subject to paragraph (7), any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(6) This article does not apply in relation to any right of way to which section 271 (extinguishment of rights of statutory undertakers) or 272 (extinguishment of rights of electronic communications code network operators) of the 1990 Act or paragraph 2 of Schedule 18 (provisions relating to statutory undertakers etc.) applies.

(7) Paragraphs (1), (2), (3) and (4) have effect subject to—

(a) any notice given by Network Rail before the completion of the acquisition of the land, Network Rail’s appropriation of it, Network Rail’s entry onto it or Network Rail taking temporary possession of it that any or all of those paragraphs do not apply to any right of way specified in the notice; and

(b) any agreement made (whether before or after any of the events mentioned in sub-paragraph (a) and before or after the coming into force of this Order) which makes reference to this article between Network Rail and the person in or to whom the right of way in question is vested or belongs.

(8) If any such agreement as is mentioned in sub-paragraph (7)(b) which is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Section 40 Time limit for exercise of powers of acquisition

(1) After the end of the period of 5 years beginning with the day on which this Order comes into force—

(a) no notice to treat is to be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 27 (application of Part 1 of the 1965 Act); and

(b) no declaration is to be executed under section 4 (execution of declaration) of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 28 (application of the Compulsory Purchase (Vesting Declarations) Act 1981).

(2) The powers conferred by article 34 (temporary use of land for construction of works) cease at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents Network Rail remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period.

Section 41 Defence to proceedings in respect of statutory nuisance

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisances) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—

(a) that the nuisance relates to premises used by Network Rail for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to authorised works and that the nuisance is attributable to the carrying out of authorised works which are being carried out in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites); or

(b) that the nuisance is a consequence of the operation of the authorised works and that it cannot reasonably be avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by Network Rail for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.

(3) In proceedings for an offence under section 80(4) of the Environmental Protection Act 1990 (offence of contravening abatement notice) in respect of a statutory nuisance falling within section 79(1)(g) or (ga) of that Act where the offence consists in contravening requirements imposed by virtue of section 80(1)(a) or (b) of that Act, it is a defence to show that the nuisance—

(a) is a consequence of the construction, operation or maintenance of the works authorised by this Order; and

(b) cannot reasonably be avoided.

(4) The provisions of this article do not affect the application to the authorised works of section 122 (statutory authority as a defence to actions in nuisance, etc.) of the Railways Act 1993 or any rule of common law having similar effect.

Section 42 Planning permission

Planning permission which is deemed by a direction under section 90(2A) (development with government authorisation) of the 1990 Act to be granted in relation to the authorised works is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land of the purposes of that Act) of that Act.

Section 43 Power to lop trees overhanging the authorised works

(1) Network Rail may fell or lop any tree or shrub near any part of the authorised works, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used on the authorised works; or

(b) from constituting a danger to passengers or other persons using the authorised works.

(2) In exercising the powers conferred by paragraph (1), Network Rail must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from the exercise of those powers.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

Section 44 Open space and exchange land

(1) Network Rail will not under the powers of this Order take possession of any part of the special category land until Network Rail has taken possession of the exchange land.

(2) Upon Network Rail taking possession of so much of the special category land as is required for the authorised works that land will be discharged from all rights, trusts and incidents to which it was previously subject.

(3) Network Rail must lay out as replacement open space, before the end of the period of one year beginning with the date the authorised works are first brought into public use, the exchange land of which possession has been taken under paragraph (1).

(4) As soon as Kirklees District Council has certified that the exchange land referred to in paragraph (3) has been laid out to its reasonable satisfaction as replacement open space that land will vest in Kirklees District Council subject to—

(a) the like rights, trusts and incidents as attached to so much of the special category land of which possession has been taken under paragraph (1); and

(b) such rights as may be required by Network Rail to carry out monitoring, remedial or maintenance works upon the exchange land for the benefit of the exchange land.

(5) In this article—

“ the special category land ” means the land described as open space on the plan entitled “Open Space Plans” attached to the deposited plans, which may be acquired compulsorily under this Order and for which exchange land is to be provided; and

“ the exchange land ” means the land described as exchange land on the plan entitled “Open Space Plans” attached to the deposited plans.

Section 45 Open space land

(1) As from the date on which Network Rail enters onto the open space land under section 11(1) of the 1965 Act (powers of entry) or section 8 of the Compulsory Purchase (Vesting Declarations) Act 1981 (vesting, and right to enter and take possession) the open space land will be discharged from all rights, trusts and incidents to which it was previously subject.

(2) In this article “ the open space land ” means the land numbered 2-044, 7-042 and 8-005 in the district of Kirklees on the deposited plans and forming part of an open space within the meaning of section 19(1) of the 1981 Act which the Secretary of State has certified as not exceeding 209 square metres and that the giving in exchange of other land for the open space land is unnecessary for the purposes of section 19(1) of the 1981 Act.

Section 46 Power to operate and use railway

(1) Network Rail may operate and use the railway and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.

(2) Nothing in this Order, or in any enactment incorporated with or applied by this Order, affects the operation of Part 1 (the provision of railway services) of the Railways Act 1993.

Section 47 Disapplication of the 1887 Agreement

(1) The provisions of the 1887 Agreement will on the day on which this Order comes into force cease to have effect.

(2) In this article “ the 1887 Agreement ” means the agreement dated 14 th November 1887 between (1) the London and North Western Railway Company (2) the Local Board of the District of Ravensthorpe in the County of York and (3) the Local Board of the District Thornhill in the County of York.

Section 48 Obstruction of construction of authorised works

Any person who, without reasonable excuse—

(a) obstructs any person acting under the authority of Network Rail in setting out the lines of the scheduled works or in constructing any authorised work; or

(b) interferes with, moves or removes any apparatus belonging to any person acting under the authority of Network Rail,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 49 Traffic regulation

(1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the street concerned is situated, which consent must not be unreasonably withheld, Network Rail, may, insofar as may be necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance or operation of the authorised works—

(a) revoke, amend or suspend in whole or in part any traffic regulation order made, or having effect as if made, under the 1984 Act;

(b) permit, prohibit or restrict the parking, stopping, waiting, loading or unloading of vehicles on any road;

(c) suspend or authorise the use as a parking place of any road;

(d) restrict the speed of vehicles along any road;

(e) make provision as to the direction or priority of vehicular traffic on any road; and

(f) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by Network Rail.

(2) The powers conferred by paragraph (1) may be exercised at any time prior to the expiry of 12 months from the opening of the authorised works for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (1) may have effect both before and after the expiry of that period.

(3) The powers conferred by paragraph (1) may only be exercised after Network Rail has consulted the chief officer of police and the traffic authority in whose area the road concerned before complying with provisions of paragraph (4).

(4) Network Rail must not exercise the powers conferred by paragraph (1) unless it has—

(a) given not less than—

(i) 12 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) 4 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the street is situated; and

(b) advertised its intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of Network Rail’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of Network Rail’s intention in the case of sub-paragraph (a)(ii).

(5) If within 28 days of receiving an application for consent under paragraph (1) a traffic authority fails to notify Network Rail of its decision or refuses consent without giving any grounds for its refusal that traffic authority is deemed to have granted consent.

(6) Any prohibition, restriction or other provision made by Network Rail under paragraph (1)—

(a) has effect as if duly made by, as the case may be—

(i) the traffic authority in whose area the street is situated, as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the street is situated, as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

(b) be deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004 (road traffic contraventions subject to civil enforcement).

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by Network Rail from time to time by subsequent exercise of the powers conferred by paragraph (1) within a period of 24 months from the opening of the authorised works for public use.

(8) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(9) The powers conferred on Network Rail by this article with respect to any road have effect subject to any agreement entered into by Network Rail with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

Section 50 Traffic signs

(1) Network Rail may, for the purposes of, or in connection with, the construction or operation of, the authorised works, place or maintain traffic signs on any street within the Order limits or which gives access to such a street, or on any street in connection with any instrument made under article 49 (traffic regulation) or any other street as reasonably required for conveying information to traffic.

(2) Network Rail—

(a) must consult with the traffic authority as to the placing of traffic signs; and

(b) may subject to any directions given under section 65 (powers and duties of traffic authorities as to placing of traffic signs) of the 1984 Act, enter into arrangements with the consent of the traffic authority for the traffic signs to be placed and maintained by the traffic authority, such consent not to be unreasonably withheld.

(3) Any power conferred by section 65 of the 1984 Act to give directions to a traffic authority or local traffic authority as to traffic signs includes a power to give directions to Network Rail as to traffic signs under this article; and the powers conferred by paragraph (1) are exercisable subject to and in conformity with any directions given under that section.

(4) A traffic authority or other authority having power under or by virtue of the 1984 Act to place and maintain, or cause to be placed and maintained, traffic signs on any street referred to in paragraph (1) must consult with Network Rail as to the placing of any traffic signs which may affect the authorised works.

(5) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.