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The Docklands Light Railway (Capacity Enhancement) Order 2005

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  1. Introductory Text

  2. PART I PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application of 1991 Act

    4. 4.Incorporation of the Railways Clauses Consolidation Act 1845

  3. PART 2 WORKS PROVISIONS

    1. Principal Powers

      1. 5.Power to construct and maintain works

      2. 6.Power to deviate

      3. 7.Station works at Tower Gateway

      4. 8.Station works at Poplar

      5. 9.Station works at Mudchute

    2. Streets

      1. 10.Power to keep apparatus in streets

      2. 11.Power to execute street works

      3. 12.Stopping up of streets

      4. 13.Temporary stopping up of streets

      5. 14.Access to works

      6. 15.Construction and maintenance of new or altered streets

      7. 16.Agreements with street authorities

      8. 17.Construction of bridges

      9. 18.Works in the Docks

    3. Supplemental

      1. 19.Discharge of water

      2. 20.Protective works to buildings

      3. 21.Town and country planning

      4. 22.Power to survey and investigate land, etc.

      5. 23.Obstruction of construction of authorised works

  4. PART 3 ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 24.Power to acquire land

      2. 25.Application of Part I of the Compulsory Purchase Act 1965

      3. 26.Application of Compulsory Purchase (Vesting Declarations) Act 1981

      4. 27.Powers to acquire new rights

      5. 28.Powers to acquire subsoil only

      6. 29.Rights under or over streets

    2. Temporary possession of land

      1. 30.Temporary use of land for construction of works

      2. 31.Temporary use of land for maintenance of works

    3. Compensation

      1. 32.Disregard of certain interests and improvements

    4. Supplementary

      1. 33.Acquisition of part of certain properties

      2. 34.Extinction or suspension of private rights of way

      3. 35.Public open space at Deptford Bridge

      4. 36.Time limit for exercise of powers of acquisition

  5. PART 4 OPERATION OF AUTHORISED WORKS

    1. 37.Maintenance of approved works, etc.

    2. 38.Power to lop trees overhanging authorised works

  6. PART 5 PROTECTIVE PROVISIONS

    1. 39.Statutory undertakers, etc.

    2. 40.For protection of Network Rail Infrastructure Limited

    3. 41.For protection of local highway authorities

    4. 42.For protection of the Environment Agency

    5. 43.For protection of specified undertakers

    6. 44.For protection of British Waterways Board

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 45.Traffic regulation

    2. 46.Powers of disposal, agreements for operation, etc.

    3. 47.Application of landlord and tenant law

    4. 48.Defence to proceedings in respect of statutory nuisance

    5. 49.Disclosure of confidential information

    6. 50.Application of certain railway enactments

    7. 51.Certification of plans, etc.

    8. 52.Service of notices

    9. 53.No double recovery

    10. 54.Arbitration

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      SCHEDULED WORKS

    2. SCHEDULE 2

      ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED

      1. PART 1 GENERAL

      2. PART 2 STATION WORKS

    3. SCHEDULE 3

      STREETS SUBJECT TO STREET WORKS

    4. SCHEDULE 4

      STREETS TO BE STOPPED UP

      1. PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 STREETS FOR WHICH NO SUBSTITUTE WILL BE PROVIDED

    5. SCHEDULE 5

      STREETS TO BE TEMPORARILY STOPPED UP

    6. SCHEDULE 6

      ACCESS TO WORKS

    7. SCHEDULE 7

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without prejudice to the generality of paragraph 1, the...

      2. Adaptation of the 1965 Act

        1. 3.(1) The 1965 Act shall have effect with the modifications...

        2. 4.For section 7 of the 1965 Act (measure of compensation)...

        3. 5.For section 8 of the 1965 Act (provisions as to...

        4. 6.The following provisions of the 1965 Act (which state the...

        5. 7.Section 11 of the 1965 Act (powers of entry) shall...

        6. 8.Section 20 of the 1965 Act (protection for interests of...

        7. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    9. SCHEDULE 9

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

      1. Apparatus of statutory undertakers, etc., on land acquired

        1. 1.(1) Sections 271 to 274 of the 1990 Act (power...

      2. Apparatus of statutory undertakers, etc., in stopped up streets

        1. 2.(1) Where a street is stopped up under articles 12...

        2. 3.(1) Subject to the following provisions of this paragraph, the...

    10. SCHEDULE 10

      FOR PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED

      1. 1.The following provisions of this Schedule shall, unless otherwise agreed...

      2. 2.In this Schedule— “C2C” means C2C Limited and includes its...

      3. 3.(1) Subject to paragraph (5), DLRL shall not pursuant to...

      4. 4.(1) DLRL shall before commencing construction of any specified work...

      5. 5.(1) Any specified work shall, when commenced, be constructed—

      6. 6.DLRL shall— (a) at all times afford reasonable facilities to...

      7. 7.Network Rail Infrastructure Limited shall at all times afford reasonable...

      8. 8.(1) If any alterations or additions, either permanent or temporary,...

      9. 9.DLRL shall repay to Network Rail Infrastructure Limited all reasonable...

      10. 10.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

      11. 11.If at any time after the completion of a specified...

      12. 12.DLRL shall not provide any illumination or illuminated sign or...

      13. 13.Any additional expenses which Network Rail Infrastructure Limited may reasonably...

      14. 14.(1) DLRL shall pay to Network Rail Infrastructure Limited all...

      15. 15.Network Rail Infrastructure Limited shall, on receipt of a request...

      16. 16.In the assessment of any sums payable to Network Rail...

      17. 17.DLRL and Network Rail Infrastructure Limited may subject in the...

      18. 18.In so far as any specified work or the acquisition...

    11. SCHEDULE 11

      FOR PROTECTION OF LOCAL HIGHWAY AUTHORITIES

      1. 1.The following provisions of this Schedule shall, unless otherwise agreed...

      2. 2.In this Schedule— “the appropriate Council” means— the Corporation of...

      3. 3.Before commencing to construct any scheduled work DLRL shall consult...

      4. 4.DLRL shall consult the appropriate Council as to—

      5. 5.Before commencing to construct any authorised work which will involve...

      6. 6.Any such highway shall be reinstated by DLRL in a...

      7. 7.DLRL shall not, except with the consent of the appropriate...

      8. 8.Except in an emergency or where reasonably necessary to secure...

      9. 9.DLRL shall, if reasonably so required by the appropriate Council,...

      10. 10.DLRL shall indemnify the appropriate Council against any claim which...

      11. 11.Wherever in this Schedule provision is made with respect to...

      12. 12.Any difference arising between DLRL and the appropriate Council under...

    12. SCHEDULE 12

      FOR PROTECTION OF THE ENVIRONMENT AGENCY

      1. 1.The following provisions of this Schedule shall, unless otherwise agreed...

      2. 2.In this Schedule— “construction” includes execution, placing, altering, replacing, relaying...

      3. 3.(1) Before beginning to construct any specified work, DLRL shall...

      4. 4.Without prejudice to the generality of paragraph 3, the requirements...

      5. 5.(1) Any specified work, and all protective works required by...

      6. 6.If by reason of the construction of any specified work...

      7. 7.(1) Without prejudice to the other provisions of this Schedule,...

      8. 8.DLRL shall indemnify the Agency in respect of all costs,...

      9. 9.(1) Without prejudice to the other provisions of this Schedule,...

      10. 10.(1) The fact that any work or thing has been...

      11. 11.Any difference arising between DLRL and the Agency under this...

    13. SCHEDULE 13

      FOR PROTECTION OF SPECIFIED UNDERTAKERS

      1. Interpretation

        1. 1.In this Schedule— “apparatus” means— in the case of a...

      2. Application of Schedule 9

        1. 2.Paragraphs 1(1) and 2 of Schedule 9 to this Order...

      3. Apparatus in stopped up streets

        1. 3.Where any street is stopped up under article 12 of...

        2. 4.DLRL shall give not less than 28 days' notice in...

      4. On-street apparatus

        1. 5.This Schedule shall not apply to anything done or proposed...

      5. Acquisition of land

        1. 6.DLRL shall not acquire any apparatus from a specified undertaker...

        2. 7.DLRL may in exercise of the powers of this Order...

      6. Removal of apparatus

        1. 8.Paragraphs 9 to 11 apply where— (a) DLRL requires the...

        2. 9.DLRL shall, if it is practicable to do so, afford...

        3. 10.Any alternative apparatus to be constructed by the specified undertaker...

        4. 11.The specified undertaker shall, after the manner of construction and...

      7. Removal of apparatus and construction of alternative apparatus by DLRL

        1. 12.Paragraphs 13 to 15 apply to so much of the...

        2. 13.If DLRL gives notice in writing to the specified undertaker...

        3. 14.In carrying out any work under paragraph 13 DLRL shall...

        4. 15.Nothing in paragraph 13 shall authorise DLRL to carry out...

      8. Facilities and rights for alternative apparatus

        1. 16.Where, in accordance with the provisions of this Schedule, DLRL...

        2. 17.In determining the terms and conditions mentioned in paragraph 16...

        3. 18.If the facilities and rights to be afforded by DLRL...

      9. Retained apparatus: protection and plan approval

        1. 19.Not less than 56 days before commencing to construct or...

        2. 20.In relation to a work which is a specified work...

        3. 21.DLRL shall not commence the construction or renewal of any...

        4. 22.Any approval of the specified undertaker required under paragraph 21—...

        5. 23.In relation to a work to which paragraph 20 applies,...

        6. 24.A specified work shall be constructed (and in the case...

        7. 25.If within 42 days after the submission to it of...

        8. 26.Nothing in paragraphs 19 or 25 shall preclude DLRL from...

        9. 27.DLRL shall not be required to comply with paragraph 19...

        10. 28.Nothing in paragraph 27 shall entitle DLRL to carry out...

      10. Co-operation

        1. 29.Where in consequence of the proposed construction of any of...

      11. Access

        1. 30.If in consequence of the exercise of the powers of...

      12. Expenses

        1. 31.Subject to the provisions of the following paragraphs of this...

        2. 32.There shall be deducted from any sum payable under paragraph...

        3. 33.If in pursuance of the provisions of this Schedule—

        4. 34.For the purposes of paragraph 33— (a) an extension of...

        5. 35.An amount which apart from this paragraph would be payable...

        6. 36.Paragraphs 31 to 35 shall not apply where the authorised...

        7. 37.In any case where work is carried out by DLRL...

      13. Indemnity

        1. 38.If by reason or in consequence of the construction, maintenance...

        2. 39.Nothing in paragraph 38 shall impose any liability on DLRL...

        3. 40.The specified undertaker shall give to DLRL reasonable notice of...

      14. Exercise of protective and survey powers

        1. 41.DLRL shall, so far as is reasonably practicable, so exercise...

        2. 42.DLRL shall not, in the exercise of the powers of...

      15. Arbitration

        1. 43.Any difference arising between DLRL and a specified undertaker under...

      16. Transfer of powers

        1. 44.DLRL shall give notice to every specified undertaker if any...

        2. 45.The obligation to give notice under paragraph 44 to a...

      17. Notices

        1. 46.Any notice in writing to be given by DLRL to...

    14. SCHEDULE 14

      FOR PROTECTION OF BRITISH WATERWAYS BOARD

      1. 1.(1) For the protection of the Board the following provisions...

      2. 2.DLRL shall not under the powers conferred by this Order...

      3. 3.(1) DLRL shall not in the exercise of the powers...

      4. 4.DLRL shall not use any land or property of the...

      5. 5.If in consequence of or in connection with the exercise...

      6. 6.Where so required by the engineer DLRL shall to the...

      7. 7.(1) Before the commencement of the initial construction of any...

      8. 8.(1) DLRL shall before commencing construction of any specified work...

      9. 9.Without prejudice to its obligations under the foregoing provisions of...

      10. 10.DLRL shall give to the engineer 56 days' notice of...

      11. 11.DLRL shall provide and maintain at its own expense in...

      12. 12.(1) Any specified works shall, when commenced, be constructed—

      13. 13.(1) Any pile, stump or other obstruction which becomes exposed...

      14. 14.DLRL shall not in the course of constructing any specified...

      15. 15.(1) DLRL shall at all times on being given reasonable...

      16. 16.(1) If during the construction of a specified work or...

      17. 17.(1) DLRL shall upon completion of any part of any...

      18. 18.If at any time after the completion of a specified...

      19. 19.Any additional expenses which the Board may reasonably incur in...

      20. 20.DLRL shall repay to the Board all fees, costs, charges...

      21. 21.(1) If any detriment shall be caused by the construction...

      22. 22.Where under any provision of this Schedule the Board or...

      23. 23.Except as provided by this Order, nothing in this Order...

      24. 24.Any difference arising between DLRL and the Board under this...

    15. SCHEDULE 15

      TRAFFIC REGULATION

  10. Explanatory Note

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