Commentary on Sections Part 1 – Works Section 3 – The ancillary works
23.Section 3 gives effect to schedule 2, which describes the types of works which may be provided in connection with the scheduled works. Works of this nature will only be authorised by the Act if they are necessary or expedient(7) in connection with the construction of the scheduled works, or are required as a consequence of those works being constructed.
24.Schedule 2 catalogues types of works and operations that are normally necessary for the operation of a railway and also mitigation works and works for the protection of neighbouring landowners. The “railway” itself is only the railway track as laid along the route(8). The ancillary items accordingly range from the provision of stations and platforms to operations such as discharging water during construction(9) and moving utility apparatus(10). They also cover the provision of recreational facilities at St James’ Park and replacement fuel farm facilities at Glasgow Airport. The ancillary works will form an essential part of the authorised works (the term “authorised works” is explained in paragraph 19).
25.At this stage the nature of the ancillary works is known but not the precise ancillary works or, in some cases, their positions. However by virtue of sections 3(2) and 3(3) they can only be constructed within “the Act limits” i.e. the limits shown on the plans in which the powers of the Act can be exercised. This term is defined in section 51 of the Act.