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Statutory Instrument 1999 No. 537

The Channel Tunnel Rail Link (Boarley Lane Diversion) Order 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS


1999 No. 537


TRANSPORT AND WORKS

TRANSPORT

The Channel Tunnel Rail Link (Boarley Lane Diversion) Order 1999


 Made12th February 1999 
 Coming into force19th February 1999 


ARRANGEMENT OF ARTICLES


PART I

PRELIMINARY
1.Citation and commencement
2.Interpretation

PART II

WORKS
3.Construction and maintenance of scheduled work
4.Stopping up of Boarley Lane

PART III

ACQUISITION OF LAND
5.Power to acquire land
6.Application of Compulsory Purchase Act 1965 and Compulsory Purchase (Vesting Declarations) Act 1981
7.Acquisition of new rights
8.Compensation for injurious affection
9.Acquisition and use of subsoil of highway
10.Temporary occupation of certain land
11.Time limit for powers of compulsory acquisition

PART IV

MISCELLANEOUS AND GENERAL
12.Certification of plans etc.
13.Application of provisions of principal Act
14.Transfer of functions under Order
15.Termination of development agreement
16.Cessation of certain powers under principal Act

SCHEDULES

 Schedule 1The scheduled work

 Schedule 2Modifications relating to acquisition of new rights

 Schedule 3Application of provisions of principal Act

Whereas an application has been made to the Secretary of State for Transport, in accordance with the Transport and Works (Applications and Objections Procedure) Rules 1992[1] made under sections 6, 7 and 10 of the Transport and Works Act 1992[2] ("the 1992 Act"), for an Order under sections 1 and 5 of the 1992 Act;

    And whereas the Secretary of State for the Environment, Transport and the Regions ("the Secretary of State") has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;

    And whereas notice of the Secretary of State's determination was published in the London Gazette on 10th February 1999;

    Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11, and 15 to 17 of Schedule 1 to, the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:-



PART I

PRELIMINARY

Citation and commencement
    1.This Order may be cited as the Channel Tunnel Rail Link (Boarley Lane Diversion) Order 1999 and shall come into force on 19th February 1999.

Interpretation
    2. - (1) In this Order, unless the context otherwise requires-

    "the 1965 Act" means the Compulsory Purchase Act 1965[3];

    "authorised works" means the scheduled work and any other works authorised by this Order;

    "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;

    "deemed planning permission" means a planning permission which is deemed by a direction under section 90(2A) of the Town and Country Planning Act 1990[4] to be granted in relation to any authorised works;

    "the deposited plan" means the plan certified by the Secretary of State as the deposited plan for the purposes of this Order;

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

    "Eurostar" means Eurostar (U.K.) Limited;

    "highway" has the same meaning as in the Highways Act 1980[5];

    "the limit of deviation" means the limit of deviation which is shown on the deposited plan (being the limit of deviation for the scheduled work);

    "the limits of land to be acquired or used" means the limits of land to be acquired or used which are shown on the deposited plan (being limits designating certain land outside the limit of deviation which may be acquired or used under this Order);

    "maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace and "maintenance" shall be construed accordingly;

    "the Order limits" means any of the limits of land to be acquired or used or the limit of deviation;

    "owner", in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;

    "the principal Act" means the Channel Tunnel Rail Link Act 1996[6];

    "the scheduled work" means the work specified in Schedule 1 to this Order.

    (2) Unless the context otherwise requires, other expressions used in this Order and in the principal Act have the same meaning as in that Act.

    (3) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.

    (4) All directions, distances, lengths and points stated in any description of works, powers or lands shall be construed as if the words "or thereabouts" were inserted after each such direction, distance, length and point.

    (5) References in this Order to points identified by letters shall be construed as references to the points so marked on the deposited plan.



PART II

WORKS

Construction and maintenance of scheduled work
    3. - (1) Eurostar may construct and maintain the scheduled work.

    (2) Subject to paragraph (5) below, the scheduled work shall be constructed in the line or situation shown on the deposited plan and in accordance with the levels shown on the deposited sections.

    (3) Eurostar may, for the purposes of or in connection with the scheduled work, do any of the following within the Order limits-

    (a) construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient,

    (b) make junctions with any highway abutting on the scheduled work and make any ancillary alteration or adjustment of the highway for the purpose,

    (c) alter or remove any structure erected upon any highway or adjoining land,

    (d) alter the position of apparatus, including mains, sewers, drains and cables,

    (e) alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses, and

    (f) carry out and maintain such other works, of whatever description, as may be necessary or expedient.

    (4) Eurostar may within the Order limits-

    (a) carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of any of the other authorised works, and

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

    (5) In constructing or maintaining the scheduled work, Eurostar may-

    (a) deviate laterally from the line or situation shown on the deposited plan within the limit of deviation;

    (b) deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards or downwards.

Stopping up of Boarley Lane
    4. - (1) Subject to paragraph (2) below Eurostar may stop up Boarley Lane, in the County of Kent, Borough of Maidstone, Parish of Boxley, between points A and B.

    (2) The power conferred by paragraph (1) above shall not be exercised until the later of the date of practical completion of the scheduled work and the date on which the scheduled work is first open for public use, as determined for the purposes of paragraph 11(2) of Schedule 3 to the principal Act as applied by article 13 below.



Notes:

[1] S.I. 1992/2902.back

[2] 1992 c. 42.back

[3] 1965 c. 56.back

[4] 1990 c. 8. Subsection (2A) was inserted by section 16(1) of the Transport and Works Act 1992.back

[5] 1980 c. 66.back

[6] 1996 c. 61.back

 

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