Channel Tunnel Rail Link Act 1996 (c. 61)

(The document as of February, 2008)

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(a)

paragraph 7, so far as relating to item 1 or 6 in the table in that paragraph,

(b)

paragraph 16, so far as relating to item 5 in the table in that paragraph,

(c)

paragraph 23, so far as relating to item 5 in the table in that paragraph, and

(d)

paragraph 25;

"authorised works" means works authorised by this Part of this Act; and

"the London Lorry Ban Order" means the Greater London (Restriction of Goods Vehicles) Traffic Order 1985.

London lorries: emergency permits

10 (1) This paragraph applies where a person proposes to undertake a journey before the end of the next complete eight working days, being a journey--

(a) proposed to be undertaken in connection with the carrying out of authorised works, and

(b) for which a permit under the London Lorry Ban Order will be required.

(2) The person may apply for a permit under the Order for the journey by giving the details mentioned in sub-paragraph (3) below to the authority concerned by telephone or by means of facsimile transmission.

(3) The details referred to above are--

(a) the identity of the applicant,

(b) a number on which he can be contacted by telephone or by means of facsimile transmission,

(d) the authorised works in connection with which the journey is to be undertaken,

(e) whether any approved arrangements are relevant to the application, and, if so, what they are,

(f) the date when the journey is proposed to be undertaken,

(g) if it is proposed to stop anywhere in Greater London for the purpose of making a delivery or collection, the place or places at which, and the time or times when, it is proposed to stop for that purpose.

(4) In this paragraph--

"approved arrangements", "authorised works" and "the London Lorry Ban Order" have the same meanings as in paragraph 9 above; and
"working day" means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the [1971 c. 80.] Banking and Financial Dealings Act 1971.

11 (1) An authority responsible for dealing with applications for permits under the London Lorry Ban Order shall make arrangements enabling applications under paragraph 10 above to be made at any time.

(2) Once an application for a permit has been made under paragraph 10 above, then, for the purpose of any relevant journey, the application shall be treated as granted subject to such conditions as the Secretary of State may by order specify for the purposes of this provision.

(3) A journey is a relevant journey for the purposes of sub-paragraph (2) above if it is begun before the authority to which the application is made has communicated its decision on the application to the applicant by telephone or by means of facsimile transmission.

(4) If an application under paragraph 10 above has been granted, or is treated as granted, then, while the vehicle concerned is undertaking a journey covered by the application, paragraph 4 of the London Lorry Ban Order and of the Westminster Lorry Ban Order shall have effect in relation to it with the substitution for paragraph (a) of--

" (a) in relation to any goods vehicle being driven by any person in a restricted street during the prescribed hours in respect of which an application under paragraph 10 of Schedule 10 to the Channel Tunnel Rail Link Act 1996 has been granted, or is treated as granted, provided that any conditions subject to which the application is granted, or treated as granted, are complied with; or " .

(5) The power to make an order under sub-paragraph (2) above includes--

(a) power to make different provision for different cases, and

(b) power to make an order varying or revoking any order previously made under that provision.

(6) In this paragraph--

"the London Lorry Ban Order" has the same meaning as in paragraph 9 above; and
"the Westminster Lorry Ban Order" means the City of Westminster (Restriction of Goods Vehicles) Traffic Order 1992.

Works under streets in Greater London

12 The following provisions of the [1986 c. iv.] Greater London Council (General Powers) Act 1986, namely--

(a) section 5(1) (consent of borough council required for demolition of works under a street),

(b) section 6(1) (consent of borough council required for works preventing access to premises under a street), and

shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

Communication with public sewers in London

13 Section 106(8) of the [1991 c. 56.] Water Industry Act 1991 (which qualifies the general right to communicate with the public sewers of a sewerage undertaker) shall not apply where the proposed communication involves a drain or sewer serving the rail link.

Section 39.

SCHEDULE 11 Burial Grounds: Removal of Human Remains and Monuments

Notice of removal

1 (1) Before removing from the land in question any remains or any monument to the deceased, the nominated undertaker shall--

(a) publish in each of two successive weeks in a newspaper circulating in the area where the land is situated, and

(b) at the same time leave displayed in a conspicuous place on or near the land,

a notice complying with sub-paragraph (2) below.

(2) A notice under sub-paragraph (1) above shall--

(a) identify the land to which it relates,

(b) set out in general terms the effect of paragraphs 2 to 5 below,

(d) state how the nominated undertaker proposes to carry out its functions under this Schedule with respect to the disposal of the remains or monument.

(3) No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased where the Secretary of State notifies the nominated undertaker that he is satisfied--

(a) that the remains were interred more than 100 years ago, and

(b) that no relative or personal representative of the deceased is likely to object to the remains or monument being removed in accordance with this Schedule.

(4) No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased if--

(a) there is in force under section 25 of the [1857 c. 81.] Burial Act 1857 (bodies not to be removed from burial grounds without licence of the Secretary of State) a licence relating to the remains, and

(b) the holder of the licence is the nominated undertaker or a body corporate which is a member of the same group as the nominated undertaker.

(5) In sub-paragraph (4)(b) above, "group" means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the [1985 c. 6.] Companies Act 1985.

Removal of remains

2 (1) In the case of remains in relation to which paragraph 1(1) above applies, the nominated undertaker shall issue a licence for the removal of the remains if--

(a) it receives an application in writing from a relative or personal representative of the deceased, and

(b) the application is received before the end of 56 days after the day on which notice relating to the remains is first published under paragraph (a) of that provision.

(2) In the case of remains in relation to which paragraph 1(3) above applies, the nominated undertaker shall issue a licence for the removal of the remains if--

(a) it receives an application in writing from a relative or personal representative of the deceased, and

(b) the application is received before the nominated undertaker has removed the remains under paragraph 3(1) below.

(3) For the purposes of sub-paragraphs (1) and (2) above, a person shall be taken to be a relative or personal representative of the deceased if the nominated undertaker is satisfied that he is or the county court has declared that he is.

(4) A licensee under this paragraph may remove the remains to which the licence relates and reinter them elsewhere or cremate them.

(5) The reasonable costs of removal and reinterment or cremation under this paragraph shall be paid by the nominated undertaker.

(6) An application for a declaration for the purposes of sub-paragraph (3) above shall be made to the county court for the district in which the remains are interred.

(7) In this paragraph, references to a relative of the deceased are to a person who--

(a) is a husband, wife, parent, grandparent, child or grandchild of the deceased, or

(b) is, or is a child of, a brother, sister, uncle or aunt of the deceased.

3 (1) In the case of remains in relation to which paragraph 1(1) or (3) above applies, the nominated undertaker may remove the remains unless--

(a) it is required under paragraph 2(1) or (2) above to issue a licence for their removal, or

(b) not more than 28 days have passed since the issue under that provision of such a licence.

(2) In the case of remains in relation to which paragraph 1(4) above applies, the nominated undertaker may remove the remains and, if it does so, shall be treated for the purposes of this Act as acting under this paragraph and not under the licence under the [1857 c. 81.] Burial Act 1857.

(3) The nominated undertaker shall reinter any remains removed under this paragraph in a burial ground or cremate them in a crematorium.

Removal of monuments

4 (1) Where a licence to remove any remains is issued under paragraph 2(1) or (2) above, the licensee may remove from the land any monument to the deceased and re-erect it elsewhere or otherwise dispose of it.

(2) The reasonable costs of removal and re-erection under sub-paragraph (1) above shall be paid by the nominated undertaker.

5 (1) Where the nominated undertaker removes any remains under paragraph 3 above, it may also remove from the land any monument to the deceased.

(2) Where any remains are removed under a licence under paragraph 2(1) or (2) above, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee within 28 days of the issue of the licence.

(3) Where any remains are removed under a licence under section 25 of the Burial Act 1857, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee.

(4) The nominated undertaker may remove any monument removed under this paragraph to the place, if any, where the remains of the deceased are interred or to some other appropriate place.

(5) The nominated undertaker shall break and deface any monument removed under this paragraph which is not dealt with under sub-paragraph (4) above.

Records

6 (1) Where any remains are removed under this Schedule, the nominated undertaker shall, within two months of the removal, provide the Registrar General with a certificate which--

(a) identifies the remains, so far as practicable,

(b) states the date on which, and the place from which, the remains were removed, and

(2) Where any monument is removed under this Schedule, the nominated undertaker shall, within two months of the removal--

(a) deposit with the local authority in whose area the monument was situated prior to the removal a record which--

(i) identifies the monument,

(ii) gives any inscription on it,

(iii) states the date on which and the place from which it was removed, and

(iv) states the place, if any, to which it was moved or how it was disposed of,

and

(b) provide the Registrar General with a copy of the record deposited under paragraph (a) above.

(3) The nominated undertaker may require any person who removes remains or a monument under this Schedule to provide it with any information about the remains or monument removed which it needs to comply with sub-paragraph (1) or (2) above.

(4) In sub-paragraph (2)(a) above, "local authority" means a district or London borough council or the Common Council of the City of London.

Supplementary

7 (1) Where the nominated undertaker removes remains in relation to the removal of which a licence has been granted under paragraph 2(1) or (2) above, it shall carry out in accordance with the reasonable requests of the licensee--

(a) its functions under paragraph 3 above with respect to disposal of the remains, and

(b) if it removes any monument to the deceased, its functions under paragraph 5 above with respect to disposal of the monument.

(2) The Secretary of State may give such directions as he thinks fit with respect to the carrying out of any function under this Schedule.

(3) No licence shall be required under section 25 of the [1857 c. 81.] Burial Act 1857 for the removal under this Schedule of any remains.

(4) Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the removal under this Schedule of any remains or monument.

Section 44.

SCHEDULE 12 The A2 and M2 Improvement Works

Part I The Authorised Works

Description of works

1 The works which the Secretary of State is authorised by section 44 of this Act to construct are the following--

In the county of Kent--

In the borough of Gravesham, parishes of Cobham, Higham and Shorne--

Work No. 31--Improvement of the A2 between its junction with Halfpence Lane (C492) and its junction with the M2 at Junction 1, comprising--

Work No. 31A--Improvement and realignment of the eastbound carriageway of the A2 commencing at a point 115 metres east of the bridge carrying Brewers Road over that road, passing eastwards and terminating at a point 100 metres west of the bridge carrying the westbound slip road of the A2 over the M2 at Junction 1;

Work No. 31B--Improvement and realignment of the westbound carriageway of the A2 commencing at a point 340 metres west of the said bridge carrying Brewers Road over that road, passing eastwards and terminating at a point 220 metres west of the bridge carrying the said westbound slip road over that road;

Work No. 32--Improvement of the junction of Halfpence Lane (C492) and Brewers Road with the A2 at Cobham Junction, comprising--

Work No. 32A--A road, forming an entry slip road to the eastbound carriageway of the A2 (Work No. 31A), commencing by a junction with Brewers Road at a point 150 metres north-east of the north-eastern abutment of the bridge carrying that road over the A2, passing southwards and terminating by a junction with that carriageway at a point 410 metres east of that bridge;

Work No. 32B--A road, forming an exit slip road from the westbound carriageway of the A2 (Work No. 31B), commencing by a junction with the C492 at a point 150 metres south-west of the existing junction of Brewers Road with that road, passing northwards, then north-eastwards over the railway (Work No. 12) in tunnel, and terminating by a junction with that carriageway at a point 20 metres west of the said bridge over the A2, including a roundabout at the junction of the slip road with Brewers Road (Work No. 32C);

Wrok No. 32C--A road, forming an entry slip road to the westbound carriageway of the A2 from the C492 commencing at a point 30 metres south-east of that carriageway, passing southwards over the railway (Work No. 12), passing eastwards through the roundabout (part of Work No. 32B) along Brewers Road and terminating at a point 160 metres west of the said roundabout, including a bridge over Work No. 12;

In the borough of Gravesham, parishes of Cobham, Higham and Shorne, and in the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton--

Work No. 33--Improvement of the M2 between Junction 1 and Junction 2, comprising--

Work No. 33A--Improvement and realignment of the M2 to form the eastbound carriageway of the motorway, commencing by a junction with Work No. 31A at its termination, passing south-eastwards under the A2 (Work No. 35A) at Junction 1 of the M2, over the existing subway by which footpath NS 183 passes under the M2, then over the road (Work No. 36E) and under Rochester Road (Work No. 36F) and the cycle track (Work No. 36G), over the London and Chatham Railway and terminating on the existing bridge carrying the M2 over that railway at a point 20 metres south-east of that railway, including a bridge over Work No. 36E;

Work No. 33B--A road, forming the westbound carriageway of the M2, commencing by a junction with Work No. 31B at its termination, passing south-eastwards under the A2 (Work No. 35A) at Junction 1 of the M2, over footpath NS 183, then over Work No. 36E and under Work No. 36F and Work No. 36G, over the London and Chatham railway and terminating at a point 180 metres south-east of that railway, including bridges over Work No. 36E and the said railway and extension of the subway for the footpath NS 183;

Work No. 34--Improvement of Junction 1 of the M2 comprising--

Work No. 34A--A road, forming the exit slip road from the eastbound carriageway of the A2, commencing by a junction with that carriageway (Work No. 31A) at a point 210 metres west of the existing bridge carrying the footpath between Park Pale and the Rochester and Cobham Park Golf Course, passing eastwards and terminating in the A2 at a point 20 metres east of the junction of Crutches Lane with that road;

Wrok No. 34B--A road, forming the entry slip road to the eastbound carriageway of the M2, commencing at a point on the northern side of Old Watling Street 270 metres east of its junction with Bowesden Lane and terminating in the M2 (Work No. 33A) at a point 30 metres north-west of the bridge carrying the A2 (Work No. 35A) over the M2;

Work No. 34C--A road, forming the exit slip road from the westbound carriageway of the M2, commencing in the intended eastbound entry slip road to the Wainscott Northern Bypass at a point 435 metres east of the bridge carrying the said footpath between Park Pale and the Rochester and Cobham Park Golf Course over the M2 and terminating in the M2 (Work No.33B) at a point 190 metres from that commencement;

Work No. 35--Roads between the junction of the A2 and Halfpence Lane (C492) and Junction 1 of the M2, comprising--

Work No. 35A--Diversion of the A2 at Junction 1 commencing in the westbound carriageway of the A2 (Work No. 31B) at a point 660 metres east of the existing bridge carrying Brewers Road over the A2, passing eastwards on the southern side of the A2, then north-eastwards over the M2 (Works Nos. 33A and 33B) on the northern side of the existing bridge carrying the westbound slip road from the A2 over the M2, continuing eastwards and terminating in the westbound carriageway of the A2 at a point 20 metres east of the junction of Crutches Lane with that road, including bridges over Works Nos. 33A and 33B;

Work No. 35B--A road, forming a diversion of the access road to the Colewood Reservoirs of Southern Water Services Limited, commencing by a junction with the new road (Work No. 35A) at a point 230 metres west of the junction of the existing access road with the A2, passing southwards then eastwards and terminating by a junction with the existing access on the northern side of those reservoirs;

Work No. 36--Improvement of Junction 2 of the M2, comprising--

Work No. 36A--A road, forming the exit slip road from the eastbound carriageway of the M2 (Work No. 33A) at Junction 2, commencing by a junction with that carriageway at a point 550 metres north-west of the existing subway by which the footpath RS 203 passes under the M2, passing south-eastwards and terminating at the eastern junction roundabout (part of Work No. 36E);

Work No. 36B--A road, forming the entry slip road to the eastbound carriageway of the M2 (Work No. 33A) at Junction 2, commencing at the said eastern junction roundabout (part of Work No. 36E), passing southwards under Rochester Road (Work No. 36F) and the cycle track (Work No. 36G), over the London and Chatham Railway and terminating by a junction with Work No. 33A at its termination;

Work No. 36C--A road, forming the entry slip road on to the westbound carriageway of the M2 (Work No. 33B) at Junction 2, commencing by a junction with that carriageway at a point 590 metres north-west of the southern end of the said existing subway, passing south-eastwards under the railway (Work No. 13) and terminating at the western junction roundabout (part of Work No. 36E);

Work No. 36D--A road, forming the exit slip road from the westbound carriageway of the M2 (Work No. 33B) at Junction 2, commencing at the western junction roundabout (part of Work No. 36E), passing south-eastwards under the railway (Work No. 13), under Rochester Road (Work No. 36F) and the cycle track (Work No. 36G) and over the London and Chatham Railway and terminating by a junction with the westbound carriageway (Work No. 37B) at a point 160 metres south-east of that railway, including a bridge over the London and Chatham Railway;

Work No. 36E--A road, forming dual carriageways, commencing by junctions with Work No. 36A at its termination and Work No. 36B at its commencement at the eastern junction roundabout, the centre of which is at a point 180 metres south of the junction of Bootham Close with Rushdean Road, passing south-westwards under the M2 (Works Nos. 33A and 33B) and the railway (Work No. 13) to junctions with Work No. 36C at its termination and Work No. 36D at its commencement at the western junction roundabout, the centre of which is at a point 355 metres south-west of the junction of Bootham Close with Rushdean Road, then passing southwards and terminating by a junction with the A228 (Rochester Road) (Work No.38F) at a roundabout, the centre of which is at a point 190 metres north-east of the northern end of the existing bridge carrying the A228 over the London and Chatham Railway, including those roundabouts;

Work No. 36F--A road, being a diversion of the A228, commencing in that road at the northern end of the said bridge carrying that road over the London and Chatham Railway, passing north-eastwards over the cycle track (Work No. 36H) to the roundabout (part of Work No. 36E), then north-eastwards over the railway (Work No. 13) and the M2 (Works Nos. 36B, 33A, 33B and 36D), over the cycle track (Work No. 36J) and terminating in the A228 at a point 30 metres south-west of the junction of Roman Way with that road, including bridges over Works Nos. 13, 33A, 33B, 36B, 36D 36H and 36J;

Work No. 36G--A cycle track on the southern side of the A228 (Work No. 36F) commencing by a junction with that work at a point 45 metres north-east of its commencement, passing north-eastwards on the eastern side of Work No. 36F to a junction with the cycle track (Work No. 36H), then over Work No. 13, the M2 and Work No. 36J and terminating by a junction with the A228 at a point 370 metres south-west of the termination of Work No. 36F;

Work No. 36H--A cycle track commencing by a junction with the A228 (Work No. 36F) at a point 60 metres north-east of its commencement, passing northwards then eastwards and south-eastwards under the A228 and terminating by a junction with Work No. 36G at a point 90 metres north-east of the commencement of that work;

Work No. 36J--A cycle track commencing by a junction with the A228 (Work No. 36F) at a point 370 metres south-west of its termination, passing westwards then southwards under the A228 and terminating by a junction with the cycle track (Work No. 36K) at a point 180 metres north-east of the termination of that work;

Work No. 36K--Realignment and improvement of the cycle track between the A228 and the bridge carrying the M2 over the River Medway, commencing by a junction with the cycle track (Work No. 36G) at a point 45 metres south-west of its termination, passing southwards to a junction with the cycle track (Work No. 36J), then south-westwards and south-eastwards and terminating by a junction with the existing cycle track at a point 5 metres south-east of the western abutment of the bridge carrying the M2 over the London and Chatham Railway;

In the city of Rochester-upon-Medway, town of Rochester and parish of Cuxton, and in the borough of Tonbridge and Malling, parishes of Wouldham and Aylesford--

Work No. 37--Improvement of the M2 between Junctions 2 and 3, comprising--

Work No. 37A--Improvement and realignment of the M2 to form the eastbound carriageway of the motorway, commencing by a junction with Work No. 33A at its termination, passing south-eastwards on the existing viaduct over the Strood and Maidstone Railway and the River Medway, then over Wouldham Road (Work No. 38B) and under Work No. 38F, then continuing south-eastwards to Junction 3 (Work No. 39), under the A229 (Work No. 40A) east of Buckmore Park, the new roundabout (Work No. 39E) and Robin Hood Lane (Work No. 41C) and over footpath MR 440 and terminating at a point 145 metres south-west of the junction of Woodbury Road with Walderslade Woods, including a bridge over Work No. 38B;

Work No. 37B--A road, forming the westbound carriageway of the M2, commencing by a junction with Work No. 33B at its termination, passing south-eastwards on viaduct over the Strood and Maidstone Railway and the River Medway, then over Work No. 38B and under Work No. 38F, then continuing south-eastwards to Junction 3 (Work No. 39), under Works Nos. 40A, 39E and 41C and over footpath MR 440 and terminating at a point 205 metres south of the junction of Woodbury Road with Walderslade Woods, including the said viaduct and a bridge over Work No. 38B and extension of the underpass for the said footpath;

Work No. 38--Roads between Junctions 2 and 3 of the M2, comprising--

Work No. 38A--A road, for construction purposes, commencing at a point 300 metres north-west of the western abutment of the bridge carrying the M2 over Wouldham Road (Work No. 38B), passing south-eastwards on the northern side of Work No. 37A and terminating by a junction with Work No. 38B at a point 30 metres north-west of the M2 eastbound carriageway;

Work No. 38B--Realignment of Wouldham Road commencing in that road at a point 20 metres north-east of the northern side of the existing bridge carrying the M2 over that road, passing south-westwards under Works Nos. 37A and 37B and terminating in Wouldham Road at a point 35 metres north-east of the junction of Burham Road with that road;

Work No. 38C--A road, forming a diversion of Nashenden Farm Lane and the access to Waterworks Cottages, commencing by a junction with Wouldham Road (Work No. 38B) at a point 110 metres south-west of its commencement, passing south-eastwards on the southern side of the M2 to a junction with Nashenden Farm Lane at a point 65 metres north-east of the access to Nashenden Farm Cottages, continuing southwards and terminating at a point 20 metres south-east of the entrance to Waterworks Cottages;

Work No. 38D--A road, for construction purposes, forming a diversion of the access to Nashenden Farm and Borstal Court Farm, commencing in Burham Road (Work No. 13B) at a point 100 metres south-east of the commencement of that work, passing eastwards, then south-eastwards on the southern side of Work No. 38C and terminating by a junction with the new road (Work No. 38C) at a point 225 metres from the commencement of that work;

Work No. 38E--A road, forming a diversion of the access track from the Roman Burial grounds to Stony Lane, commencing at a point 30 metres north of the existing bridge carrying that track over the M2, passing south-eastwards and terminating by a junction with Stony Lane (Work No. 38F) at a point 325 metres from its commencement;

Work No. 38F--A road, forming a diversion of bridleway MR11 (Stony Lane) commencing in Maidstone Road at its junction with Stony Lane, passing south-westwards and north-westwards, then south-westwards over the M2 (Works Nos. 37A and 37B), then southwards and terminating by a junction with the new access road (Work No. 13C) at a point 340 metres north-west of the western end of the subway by which Stony Lane passes under the M2, including a bridge over Works Nos. 37A and 37B;

Work No. 39--Improvements of the M2 at Junction 3, comprising--

Work No. 39A--Realignment of the exit slip road from the eastbound carriageway of the M2 (Work No. 37A), commencing by a junction with Work No. 37A at a point 185 metres south of the access from Rochester Road to the caravan site on the south side of Rochester Airport, passing south-eastwards under the A229 (Work No. 40A) and terminating at the north-eastern end of the roundabout (Work No. 39E);

Work No. 39B--Realignment of the entry slip road to the eastbound carriageway of the M2 (Work No. 37A), commencing at the north-eastern end of the roundabout (Work No. 39E), passing southwards under Robin Hood Lane (Work No. 41C), over footpath MR 440 and terminating by a junction with Work No.37A at a point 145 metres south-west of the junction of Woodbury Road with Walderslade Woods;

Work No. 39C--A road, forming the entry slip road to the westbound carriageway of the M2 (Work No. 37B), commencing by a junction with Work No. 37B at a point 230 metres south of the access from Rochester Road to the said caravan site, passing south-eastwards under the A229 (Work No. 40A) and terminating at the south-western end of the roundabout (Work No. 39E);

Work No. 39D--A road, forming the exit slip road from the westbound carriageway of the M2 (Work No. 37B), commencing at the south-western end of the roundabout (Work No. 39E), passing south-eastwards under Robin Hood Lane (Work No. 41C), over footpath MR 440 and terminating by a junction with Work No. 37B at a point 205 metres west of the junction of Woodbury Road with Walderslade Woods;

Work No.39E--Improvement of the Taddington Wood Loop Junction, forming a new roundabout over the M2 (Works Nos. 37A and 37B) including two bridges over those works;

Work No. 39F--A road commencing at the north-eastern end of the roundabout (Work No. 39E), passing eastwards and terminating by a junction with Walderslade Woods (Work No. 39G) at the Walderslade Woods Roundabout, the centre of which is 160 metres south of the junction of Hurst Hill with Taddington Wood Lane, including the said Walderslade Woods Roundabout;

Work No. 39G--Realignment of Walderslade Woods, forming dual carriageways, commencing at a point 140 metres south-east of the junction of that road with Taddington Wood Lane, passing south-eastwards to the roundabout (part of Work No. 39F) then continuing south-eastwards and terminating in Walderslade Woods at a point 310 metres from that commencement;

Work No. 39H--A road, forming dual carriageways, commencing at the south-western end of the roundabout (Work No. 39E), passing westwards and north-westwards and terminating by a junction with the A229 at the roundabout (Work No. 40N);

Work No. 39J--Realignment of Maidstone Road to form a junction with the new road (Work No. 39H) at Blue Bell Hill, commencing in that road at a point 40 metres north-west of its existing junction with Victoria Close, passing south-eastwards, then southwards to the junction with Work No. 39H, then continuing southwards and south-westwards and terminating in Maidstone Road at a point 120 metres north of its junction with Robin Hood Lane;

Work No. 40--Improvements of the A229 at Junction 3 of the M2, comprising--

Work No. 40A--Improvement and realignment of the A229 (Maidstone Road), forming dual carriageways, commencing at a point 345 metres north of the existing Bridgewood Roundabout at the junction of that road with Walderslade Woods and Rochester Road, passing southwards over the new roundabout at that road junction (Work No. 40F), the M2 (Works Nos. 37A, 37B, 39A and 39C), then under the roundabout (Work No. 40N) and terminating at a point 10 metres north of the bridge carrying Common Road over the A229, including bridges over Works Nos. 40F, 37A, 37B, 39A and 39C;

Work No. 40B--A road, forming the southbound exit slip road from the A229 (Work No. 40A), commencing by a junction with that road at a point 280 metres north of the existing Bridgewood Roundabout, passing southwards and terminating at the eastern end of the roundabout (Work No. 40F);

Work No. 40C--A road, forming the southbound entry slip road to the A229 (Work No. 40A), commencing at the eastern end of the roundabout (Work No. 40F), passing southwards and terminating by a junction with Work No. 40A at a point 145 metres south of the existing Bridgewood Roundabout;

Work No. 40D--A road, forming the northbound entry slip road to the A229 (Work No. 40A), commencing by a junction with that road at a point 280 metres north of the said existing Bridgewood Roundabout, passing southwards and terminating at the western end of the roundabout (Work No. 40F);

Work No. 40E--A road, forming the northbound exit slip road from the A229 (Work No. 40A), commencing at the western end of the roundabout (Work No. 40F), passing southwards and terminating by a junction with Work No. 40A at a point 145 metres south of the existing Bridgewood Roundabout;

Work No. 40F--A roundabout (the Bridgewood Roundabout) at the junction of Walderslade Woods, Rochester Road and the A229;

Work No. 40G--Realignment of Rochester Road commencing in that road at a point 160 metres north-west of its junction with the A229 at the existing Bridgewood Roundabout, passing south-eastwards and terminating at the western end of the roundabout (Work No. 40F);

Work No. 40H--Improvement and realignment of Walderslade Woods forming dual carriageways, commencing at the eastern end of the roundabout (Work No. 40F), passing eastwards and terminating in Walderslade Woods at a point 100 metres east of that commencement;

Work No. 40J--A road, forming the southbound exit slip road from the A229 (Work No. 40A), commencing by a junction with that road at a point 270 metres north of the intended Lord Lees Roundabout (Work No. 40N), passing southwards and terminating at the eastern end of that roundabout;

Work No. 40K--A road, forming the southbound entry slip road to the A229 (Work No. 40A), commencing at the eastern end of the intended Lord Lees Roundabout (Work No. 40N), passing southwards and terminating by a junction with Work No. 40A at a point 80 metres north-west of the bridge carrying Common Road over the A229;

Work No. 40L--A road, forming the northbound entry slip road to the A229 (Work No. 40A), commencing by a junction with that road at a point 300 metres north of the intended Lord Lees Roundabout (Work No. 40N), passing southwards and terminating at the western end of that roundabout;

Work No. 40M--A road, forming the northbound exit slip road from the A229 (Work No. 40A), commencing at the western end of the Roundabout (Work No. 40N), passing southwards and terminating by a junction with Work No. 40A at a point 70 metres north-east of the bridge carrying Common Road over the A229;

Work No. 40N--A roundabout (Lord Lees Roundabout) over the A229 (Work No. 40A) at Blue Bell Hill, including two bridges over Work No. 40A;

Work No. 40P--A road, forming an access road to the Buckmore Park Activity Centre and an access way for cycles and pedestrians at Shall Hook Wood, commencing in the existing access road at a point 250 metres north of the centre of the existing Lord Lees Roundabout, passing southwards and south-westwards on the western side of the slip road (Work No. 40L) and terminating at the western end of the roundabout (Work No. 40N);

Work No. 40Q--A road, forming an access road to the premises known as Nil Desperandum, commencing by a junction with the access road (Work No. 40P) at a point 40 metres west of the termination of that work, passing north-eastwards and terminating in the curtilage of those premises;

Work No. 40R--An access way to land on the northern side of the Common Road Sports Ground, commencing by a junction with the access way (Work No. 40S) at a point 90 metres north of the termination of that work, passing southwards on the western side of that work and Work No. 40M and terminating in the existing access way at a point 30 metres north of the said land;

Work No. 40S--A road, forming an access way for cycles and pedestrians, commencing by a junction with the access road (Work No. 40P) at a point 30 metres from the termination of that work, passing southwards and south-eastwards and terminating by a junction with the slip road (Work No. 40M) at a point 250 metres from the termination of that work;

Work No. 41--Associated works connected with improvements at Junction 3 of the M2, comprising--

Work No. 41A--A road, forming a southern extension of Hallsfield Road, commencing at a point 30 metres east of the western end of that road east of Maidstone Road, passing westwards, then southwards and terminating at a point 260 metres south of that commencement;

Work No. 41B--Realignment of Hallsfield Road commencing at a point 30 metres west of the junction of that road with Sadlers Close and terminating in Hallsfield Road at a point 95 metres north-west of that road junction;

Work No. 41C--Realignment of Robin Hood Lane commencing at a point 60 metres west of the existing junction of that road with the access road to the Medway Crematorium, passing eastwards over the M2 (Works Nos. 37A and 37B) and terminating at a point 180 metres east of that commencement, including a bridge over Works Nos. 37A, 37B, 39B and 39D;

Work No. 41D--Diversion of the said access road to the Medway Crematorium, commencing by a junction with Robin Hood Lane (Work No. 41C) at a point 15 metres west of its existing junction with that road and terminating in that access road at a point 80 metres south of that commencement;

In the borough of Tonbridge and Malling, parish of Aylesford, in the borough of Maidstone, parishes of Boxley and Bredhurst and in the borough of Gillingham, town of Gillingham--

Work No. 42--Improvement of the M2 between Junctions 3 and 4, comprising --

Work No. 42A--Improvement and realignment of the M2, to form the eastbound carriageway of that motorway, commencing by a junction with Work No. 37A at its termination, passing under the footpath KH 32 (Work No. 45), over Harp Farm Road (Work No. 43A), and under Lidsing Road and Forge Lane (Works Nos. 43C and 43E) and under Maidstone Road, then passing to Junction 4 (Work No. 44) and terminating at a point 190 metres east of the easternmost bridge at that Junction carrying the A278 (Hoath Way) over the M2, including a bridge over Harp Farm Road;

Work No. 42B--A road forming the westbound carriageway of the M2, being in part a new road and in part improvement and realignment of the existing westbound carriageway, commencing by a junction with Work No. 37B at its termination, passing over Work No. 43A, under Works Nos. 43C, 43E and 45 and under Maidstone Road, then passing to Junction 4 (Work No. 44) and terminating at a point 190 metres east of the said bridge over the M2, including a bridge over Harp Farm Road;

Work No. 43--Roads between Junctions 3 and 4, comprising--

Work No. 43A--Realignment of Harp Farm Road, commencing at a point 65 metres south of the centre of the roundabout at its junction with Walderslade Woods, passing southwards under the M2 (Works Nos. 42A and 42B) and terminating at a point 50 metres south-west of its existing junction with Yelsted Lane;

Work No. 43B--A road, forming a diversion of Yelsted Lane, commencing by a junction with Harp Farm Road (Work No. 43A) at a point 10 metres south of its existing junction with that road, passing eastwards on the southern side of the M2 (Work No. 42B) and terminating in Yelsted Lane at a point 345 metres east of that commencement;

Work No. 43C--Realignment of Lidsing Road commencing at a point 260 metres south of the southern end of the existing bridge carrying that road over the M2, passing northwards over the M2 (Works Nos. 42A and 42B) and terminating at a point 70 metres south of the junction of that road with Westfield Sole Road and Blind Lane, including a new bridge over Works Nos. 42A and 42B;

Work No. 43D--Realignment of an existing track between Blind Lane and Forge Lane on the northern side of the M2 (Work No. 42A), commencing at a point 370 metres north-east of the junction of that track with Blind Lane, passing north-eastwards on the northern side of the existing track then northwards and terminating by a junction with Forge Lane (Work No. 43E) at a point 260 metres south-east of its junction with Chapel Lane;

Work No. 43E--Realignment of Forge Lane commencing at its junction with Chapel Lane, passing south-eastwards over the M2 (Works Nos. 42A and 42B) and terminating at a point 40 metres south-east of the junction of Forge Lane with Blind Lane on the southern side of the motorway, including a bridge over the M2;

Work No. 44--Improvement of Junction 4 of the M2, comprising --

Work No. 44A--Realignment of the exit slip road from the eastbound carriageway of the M2 (Work No. 42A), commencing by a junction with Work No. 42A at a point 390 metres north-east of the existing bridge carrying Forge Lane over the M2, passing under Maidstone Road and terminating at the northern end of the roundabout over the M2 at Junction 4;

Work No. 44B--Realignment of the entry slip road to the westbound carriageway of the M2 (Work No. 42B) commencing by a junction with Work No. 42B at a point 155 metres north-east of the said bridge carrying Forge Lane over the M2, passing under Maidstone Road and terminating at the southern end of the roundabout over the M2 at Junction 4.

Work No.45--Realignment of footpath KH 32, commencing at a point 12 metres south of the southern end of the footbridge carrying footpath KH 32A over Walderslade Wood, passing southwards over the M2 (Works Nos. 42A and 42B) on the eastern side of the existing bridge carrying that footpath over the M2 and terminating at a point 30 metres south of the southern end of that existing bridge, including a bridge over Works Nos. 42A and 42B;

Work No. 46--A cycle track commencing by a junction with the existing cycle track on the western side of the A229 (Maidstone Road) at a point 190 metres north of the centre of the Bridgewood Roundabout, passing westwards and terminating at a point on the eastern side of Rochester Road 200 metres west of the centre of that roundabout.

Interpretation of Part I

2 In paragraph 1 above--

references to the M2 are to the special road so designated;
references to the A2 are to the trunk road so designated;
references to the A228 and the A229 are to the principal roads so designated;

"Wainscott Northern Bypass" means the road scheme so named for a bypass between the A2 and the Medway Tunnel;
"westbound" in any description of the direction of traffic signifies travel in the direction of London, whether or not London is the destination, and "eastbound" signifies travel in the opposite direction.

Part II Interference with Highways and Means of Access

Stopping up of highways

3 (1) Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works, stop up--

(a) each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table, and

(b) any other bridleways or footpaths within the limits of deviation for the works authorised by this Part of this Act or within the limits of land to be acquired or used.

(2) No highway or part of a highway, other than one specified in columns (1) and (2) of Part II of the following table, shall be stopped up under this paragraph unless the Secretary of State is in possession of all lands abutting on it, except so far as the owners and occupiers of those lands may otherwise agree.

(3) No highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall be stopped up under this paragraph until the Secretary of State is satisfied that the new highway specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to works authorised by this Part of this Act, has been completed and is open for public use.

(4) On a highway or part of a highway being stopped up under this paragraph, all rights of way over or along it shall be extinguished.

(5) The Secretary of State shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.

(6) Any dispute as to a person's entitlement to compensation under sub-paragraph (5) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

The Table Highways to be Stopped Up

Part I Highways to be Stopped Up Without Provision of Substitute

(1)

(2)

Area

Highway or part to be stopped up

COUNTY OF KENT
Borough of Gravesham, Parish of Shorne	Footpath NS312 for a distance of 45 metres north-eastwards from its junction with Watling Street (A2)
Borough of Gravesham, Parish of Cobham	Old Watling Street (B395) between points K1 and K2
City of Rochester upon Medway, Parish of Cuxton	Footpath RS205 between points D1 and D2
	Footpath RR27 between points D2 and D3
Borough of Tonbridge and Malling, Parish of Aylesford	Access road to go-kart racing track between points S1 and S2
	Access road between points H1 and H2
	Victoria Close between points B3 and B4
	Footpath MR201 between points T1 and T3 and between points T3 and T4
	Footpath MR14 for a distance of 120 metres westwards from its junction with Maidstone Road (A229)

Part II Highways to be Stopped Up Only on Provision of Substitute

(1)

(2)

(3)

Area

Highway or part to be stopped up

New highway to be substituted for it

COUNTY OF KENT
Borough of Gravesham, Parish of Cobham	A2 westbound entry slip road between points H3 and H2	Work No. 32C
	A2 westbound exit slip road between points H4 and H2	Work No. 32B
	Halfpence Lane (C492) between points H1 and H2	Works Nos. 32B and 32C
	Footpath NS182 between points N9, P3 and N8	New footpath between points N7 and N8
	Access road between points N1 and N2 and points N3 and N4	Works Nos. 35A and 35B
Borough of Gravesham, Parish of Shorne	A2 eastbound entry slip road between points J3 and J4	Work No. 32A
Borough of Gravesham, Parishes of Cobham and Higham	A2 westbound slip road between points P1 and P2	Work No. 35A
City of Rochester upon Medway, Parish of Cuxton	Work No. 13A(2)	Work No. 36C between its commencement and its junction with Work No. 13A(2)
	Work No. 13A(3)	Work No. 36D
City of Rochester upon Medway, Town of Rochester and Parish of Cuxton	Footpath RS203 between points B1 and B2	New footpath between points B1, B6, B5, B4 and B3
	Work No. 13A(4)	Work No. 36F between its junction with Work No. 13A(4) and its termination
	Work No. 13A(1)	Works Nos. 36A and 36E
City of Rochester upon Medway, Town of Rochester	A228 (Rochester Road) between points C1 and C2	Work No. 36F
	M2 eastbound exit slip road between points C9 and C4	Works Nos. 36A and 36E
	M2 westbound entry slip road between points C6 and C7	Works Nos. 36C and 36E
	M2 eastbound entry slip road between points C9 and C5	Works Nos. 36B and 36E
	M2 westbound exit slip road between points C8 and C7	Works Nos. 36D and 36E
	Footpath RS205A between points C9 and C10	Work No. 36K
	Nashenden Farm Lane between points E1 and E2	Work No. 38C
	Bridleway RR16 between points E3, E2 and E4	Work No. 38C
	Bridleway RR18 between points C1 and A3	Works Nos. 38F and 13C
City of Rochester upon Medway, Town of Rochester and Borough of Tonbridge and Malling, Parish of Wouldham	Work No. 13C between its commencement and its junction with Work No. 38F	Work No. 38F
Borough of Tonbridge and Malling, Parish of Wouldham	Bridleway MR11 between points A3, A2 and A1	Works Nos. 38F and 13C
Borough of Tonbridge and Malling, Parish of Aylesford	A229 (Maidstone Road) between points F1 and F2d	Works Nos. 40A, 40B, 40C, 40D, 40E, 40F and 41A
	Rochester Road between points F3 and F4	Work No. 40G
	A229 slip road between points B1 and B2	Work No. 40J
	A229 slip road between points C1 and C2	Work No. 40L
	A229 slip road between points D1 and D2	Work No. 40M
	A229 slip road between points E1 and E2	Work No. 39H
	A229 slip road between points G1 and G2	Work No. 40K
	Walderslade Woods between points F5 and F6	Work No. 40H
	Walderslade Woods between points F7 and F8	Work No. 39G
	M2 eastbound exit slip road between points K1 and K2	Work No. 39A
	M2 eastbound entry slip road between points J1 and J2	Work No. 39B
Access way between points P3 and P4	Works Nos. 40R and 40S
	Access road between points P1, P3 and P2	Work No. 40Q
	Access road to Crematorium between points V3 and V4	Work No. 41D
	Footpath MR440 between points Q3 and Q4	New footpath between points Q3 and Q5
	Footpath MR438A between points R1 and R2	New footpath between those points
Borough of Maidstone, Parish of Boxley	Footpath KH32 between points Q1 and Q2	Work No. 45
	Yelsted Lane between points E3 and E4	Work No. 43B
	Lidsing Road between points F1 and F2	Work No. 43C
	Footpath KH9 between points G1, G3 and G4	New footpath between points G1, G2 and G4
	Footpath KH634 between points H1 and H2	Work No. 43D
Borough of Maidstone, Parishes of Boxley and Bredhurst	Forge Lane between points H3 and H4	Work No. 43E
Borough of Gillingham, Town of Gillingham and Borough of Maidstone, Parish of Bredhurst	M2 westbound entry slip road between points A1 and A2	Work No. 44B
	M2 eastbound exit slip road between points A3 and A4	Work No. 44A

Note: In the event that Work No. 38F is not carried out after Work No. 13C, references in column (3) of the table to Work No. 13C shall be construed as references to so much of it as lies between its junction with Work No. 38F and its termination.

Stopping up of private access to premises

4 (1) Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works--

(a) stop up any private means of access to premises adjoining or adjacent to any land--

(i) comprised in the route of any highway which becomes, by virtue of paragraph 6 below, a special road, or

(ii) forming part of the site of any works authorised by this Part of this Act,

and

(b) provide a new means of access to any such premises.

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