TRANSPORT AND WORKS Citation and commencement 1 This Order may be cited as the Bicester (Tibbett & Britten Consumer Limited Siding) Order 1997 and shall come into force on 24th September 1997. Interpretation 2 In this Order, unless the context requires otherwise:— “the Applications Rules ” means the Transport and Works (Application and Objections Procedure) Rules 1992; “authorised railway” means the railway whose construction is authorised by this order; “authorised works” means the scheduled work and any other works authorised by this Order; “carriageway” has the same meaning as in the Highways Act 1980 ; “highway” and “highway authority” have the same meaning as in the Highways Act 1980; “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly; “the Order plans” means the plans described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order and marked by the Secretary of State as “the Order plans” for the purposes of this Order; “the scheduled work” means the work specified in Schedule 1 to this Order; “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 three years; “the Secretary of State” means the Secretary of State for Transport; “the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with this Order and marked by the Secretary of State as “the sections” for the purposes of this Order; “ the Transfer ” means a transfer of land dated 16 May 1994 between Bicester Park Development Company Limited and Tibbett & Britten Limited (including its successors in title); and “the undertaker” means Tibbett & Britten Consumer Limited, whose registered office is at Ross House, 1 Shirley Road, Windmill Hill, Enfield, Middlesex EN1 6SB. Application of enactments relating to railways 3 1 The following provisions of the Railway Clauses Consolidation Act 1845 shall be incorporated in this Order but shall apply only in relation to the authorised railway:— 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 (accommodation works by company); and section 145 (recovery of penalties). 2 In these provisions, as incorporated in this Order:— “the company” means the undertaker; “goods” includes anything conveyed on the railways authorised to be constructed by this Order; and “the railway” means the authorised railway and, except where the context otherwise requires, any authorised works ancillary to the authorised railway. Power to construct and maintain works 4 1 The undertaker may construct and maintain the scheduled work. 2 Subject to article 5 below, the scheduled work may only be constructed in the lines or situations shown on the Order plans and in accordance with the levels shown on the sections. 3 The undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled work, namely— a works to alter the position of apparatus, including mains, sewers, drains and cables; b landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works. 4 The undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled work. 5 Paragraphs (3) and (4) above shall only authorise the carrying out or maintenance of works within the limits of deviation for the scheduled work shown on the Order plans. 6 Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses. Power to deviate 5 In constructing or maintaining the scheduled work, the undertaker may— a deviate laterally from the lines or situations shown on the Order plans within the limits of deviation for that work shown on those plans, and b deviate vertically from the levels shown on the sections to any extent not exceeding 0.3 metres upwards or downwards. Level crossing 6 1 The undertaker may construct the authorised railway so as to carry it over the level crossing and across the specified highway given in Part I of Schedule 2 to this Order. 2 The undertaker may provide, maintain and operate at or near the new level crossing the protective equipment specified in Part II of Schedule 2 to this Order or such additional or substituted protective equipment as the Secretary of State may in writing approve. 3 In paragraph (2) above “protected equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984 ), manual, mechanical, automatic, electrical and telephone equipment and other devices. 4 Any traffic sign placed pursuant to this article on or near a highway or other road to which the public has access shall be treated for the purposes of section 64(4) of the Road Traffic Regulation Act 1984 as having been authorised under that subsection. 5 The undertaker may in the exercise of the powers of this article alter the level of the highway. 6 The highway authority may enter into agreements with the undertaker with respect to the construction and maintenance of the level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate. Gauge of railway 7 The authorised railway shall have a gauge of 1,435 millimetres. Power to operate and use railway 8 The undertaker, Bicester Park Development Company Limited and (with the consent in writing of the Secretary of State) any other party with the benefit of rights reserved to the land referred to as the “Retained Land” in the Transfer may operate and use the authorised railway and the other authorised works as a system, or part of a system, for the carriage of goods. Maintenance of approved works etc. 9 1 Where pursuant to the Railways and other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the authorised railway such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the authorised railway. 2 If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. 3 No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions. Powers to transfer and lease rights of operation etc. 10 1 The undertaker may, with the consent in writing of the Secretary of State— a transfer to another person (“the transferee”) its right to construct, maintain, use or operate the authorised railway (or any part of it) and such related statutory rights as may be agreed between the undertaker and the transferee, or b grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee the right to construct, maintain, use or operate the authorised railway (or any part of it) and such related statutory rights as may be so agreed. 2 The terms of any proposed transfer or grant under paragraph (1) above shall be subject to the approval of the Secretary of State and the owner for the time being of the land affected by this Order shall be notified of such proposed transfer or grant under article 10(1) and may make representations which the Secretary of State shall consider. 3 Where an agreeement is made by virtue of paragraph (1) above references in this Order to the undertaker shall include references to the transferee or the lessee. Certification of plans etc. 11 The undertaker may, as soon as practicable after the making of this Order, submit copies of the Order plans and sections to the Secretary of State for certification that they are true copies of, respectively, the Order plans and sections referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy. Signed by authority of the Secretary of State for Transport. Richard Bird Director, Urban and Local Transport Directorate, Department of the Environment, Transport, and the Regions 3 September 1997