The Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996
- (1) On such day as may be appointed under paragraph (2) below, regulations made, or having effect as if made, under sections 24, 25 or 60(1)(j) or (k) of the Public Passenger Vehicles Act 1981[^f00027] shall have effect as if the tramcars used on the authorised transit system were public service vehicles used in the provision of a local service within the meaning of the Transport Act 1985[^f00028].
- (2) and the day so fixed shall not be earlier than the expiration of 28 days from the date of the publication of the notice.
- (a) The undertaker may by resolution appoint a day for the purpose of any regulation mentioned in paragraph (1) above, the day so appointed being fixed in accordance with sub-paragraph (b) below.
- (b) The undertaker shall publish in a newspaper circulating in their area, notice—
- (i) of the passing of any such resolution and of the day fixed thereby; and
- (ii) of the general effect of the enactments for the purposes of which the day has been fixed;
- (c) A photostatic or other reproduction certified by the secretary of the undertaker to be a true reproduction of a page, or part of a page, of any newspaper bearing the date of its publication and containing the notice mentioned in sub-paragraph (b) above shall be evidence of the publication of the notice and of the date of publication.
PART V — PROTECTIVE PROVISIONS
Statutory undertakers, etc.
48
The provisions of Schedule 9 to this Order shall have effect.
For protection of British Railways Board
49
For the protection of the railways board, the following provisions shall, unless otherwise agreed in writing between the undertaker and the railways board, have effect—
(1) In this article— - “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings; - “specified works” has the meaning given by article 50 of this Order. (2) The undertaker shall be responsible for and make good to the railways board all losses (including revenue losses) and reasonable costs, charges, damages and expenses not otherwise provided for in this article (and which would not otherwise be recoverable from a third party) which may be occasioned to or reasonably incurred by the railways board— (a) by reason of the construction or maintenance of the specified works or the failure thereof; or (b) by reason of any act or omission of the undertaker or of any persons in their employ or of their contractors or others whilst engaged upon the specified works; and the undertaker shall effectively indemnify and hold harmless the railways board from and against all claims and demands arising out of or in connection with the specified works or any such failure act or omission as aforesaid and the fact that any act or thing may have been done by the railways board on behalf of the undertaker shall not (if it was done without negligence on the part of the railways board or of any person in their employ or of their contractors or agents) excuse the undertaker from any liability under the provisions of this paragraph:— - Provided that the railways board shall give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the undertaker. (3) In the assessment of compensation payable under this article there shall not be taken into account any enhancement of that compensation attributable to any action taken by or any agreement entered into by the railways board if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining compensation or increased compensation and for the avoidance of doubt any reference in this paragraph to compensation shall be deemed to relate to any payment due to the railways board under this article.
For protection of Railtrack
50
For the protection of Railtrack the following provisions shall, unless otherwise agreed in writing between the undertaker and Railtrack, have effect:—
(1) In this article— - “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings; - “the engineer” means an engineer to be appointed by Railtrack; - “plans” includes sections, designs, drawings, specifications, soil reports, calculations and descriptions (including descriptions of methods of construction) staging proposals and programmes; - “Railtrack” means Railtrack plc and includes any person (other than a person falling within the definition of the railways board) who derives title to any property from Railtrack and holds that property for railway purposes; - “railway property” means any railway of Railtrack and any works, apparatus and equipment of Railtrack connected therewith and includes any land held or used by Railtrack for the purposes of such railway or works, apparatus or equipment; - “specified works” means so much of the authorised works as may be situated upon, across, under or over or within 15 metres of, or may in any way affect, railway property. (2) (a) The undertaker shall not under the powers of this Order acquire or use or acquire new rights over any railway property except with the consent of Railtrack which (except in relation to railway property consisting of a railway track or any land within 3 metres of that track) shall not be unreasonably withheld but may be given subject to reasonable conditions. (b) The undertaker shall fence off on a temporary and permanent basis the specified works from railway property to the reasonable satisfaction of the engineer where so required by him. (3) The undertaker shall not exercise the powers of article 21 of this Order or the powers of section 11(3) of the 1965 Act in respect of any railway property except with the consent of Railtrack which consent shall not be unreasonably withheld but may be given subject to reasonable conditions. (4) (a) Except with the consent of Railtrack the undertaker shall not in the exercise of the powers of this Order prevent pedestrian or vehicular access to railway property. (b) The undertaker shall not exercise the powers of sections 271 or 272 of the Town and Country Planning Act 1990, as applied by Schedule 9 to this Order, in relation to any right of access of Railtrack to railway property but such right of access may be diverted with the consent of Railtrack. (c) The consent of Railtrack under this paragraph shall not be unreasonably withheld but may be given subject to reasonable conditions. (5) The undertaker shall before commencing construction of the specified works supply to Railtrack proper and sufficient plans for the reasonable approval of the engineer and shall not commence such construction of the specified works until plans thereof have been approved in writing by the engineer or settled by arbitration— - Provided that the approval of the engineer under this paragraph shall not be unreasonably withheld or delayed and if within 56 days after such plans have been supplied to Railtrack the engineer has not intimated his disapproval thereof and the grounds of his disapproval he shall be deemed to have approved the same. (6) If within 56 days after such plans have been supplied to Railtrack, Railtrack gives notice to the undertaker that Railtrack desires itself to construct any part of the specified works which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Railtrack then, if the undertaker desires such part of the specified works to be constructed, Railtrack shall construct the same with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled as aforesaid and under the supervision (where appropriate and if given) of the undertaker. (7) Upon signifying his approval or disapproval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his opinion should be carried out before the commencement of the specified works to ensure the safety or stability of railway property, the continuation of safe and efficient operation of the railways of Railtrack or the services of operators using the same (including any relocation of works, apparatus and equipment necessitated by the specified works) and such protective works as may be reasonably necessary for those purposes shall be constructed by Railtrack or by the undertaker, if Railtrack so desires, with all reasonable dispatch and the undertaker shall not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to his reasonable satisfaction. (8) The specified works shall, when commenced, be constructed— (a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled as aforesaid; (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer; (c) in such manner as to cause as little damage to railway property as may be; and (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Railtrack or the traffic thereon and the use by passengers of railway property; and, if any damage to railway property or any such interference or obstruction is caused or takes place in consequence of the construction of the specified works, the undertaker shall, notwithstanding any such approval as aforesaid, make good such damage and shall pay to Railtrack all reasonable expenses to which it may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction. (9) The undertaker shall— (a) at all times afford reasonable facilities to the engineer for access to the specified works during their construction; (b) supply the engineer with all such information as he may reasonably require with regard to the specified works or the method of construction thereof. (10) Railtrack shall at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Railtrack under this article during their construction and shall supply the undertaker with such information as it may reasonably require with regard to such works or the method of construction thereof. (11) If any alterations or additions, either permanent or temporary, to railway property are reasonably necessary during the construction of the specified works or during a period of 12 months after the completion thereof in consequence of the construction of the specified works, and Railtrack gives to the undertaker reasonable notice of its intention specifying the alterations or additions to be carried out the undertaker shall pay to Railtrack the reasonable cost thereof including, in respect of permanent alterations and additions, a capitalised sum representing the increase in the costs which may be expected to be reasonably incurred by Railtrack in maintaining, working and, when necessary, renewing any such alterations or additions; provided that the engineer shall, in respect of the capitalised sums referred to in this paragraph and paragraph (12)(a) below, provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require:— - Provided also that if the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to Railtrack under this paragraph. (12) The undertaker shall repay to Railtrack all reasonable fees, costs, charges and expenses reasonably incurred by Railtrack— (a) in constructing any part of the specified works on behalf of the undertaker as provided by paragraph (6) above or in constructing any protective works under the provisions of paragraph (7) above including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works; (b) in respect of the employment of any inspectors, signalmen, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, watching, lighting and signalling railway property and for preventing as far as may be all interference, obstruction, danger or accident arising from the construction, maintenance, or failure of the specified works; (c) in respect of any special traffic working resulting from any speed restrictions which are necessary as a result of the construction, maintenance, or failure of the specified works and which may in the opinion of the engineer be required to be imposed or from the substitution, suspension or diversion of services which may be necessary for the same reason; (d) in respect of any additional temporary lighting of railway property in the vicinity of the specified works being lighting made reasonably necessary as a result of the specified works or the failure thereof; (e) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by him of the construction of the specified works. (13) If at any time after the completion of the specified works, not being works vested in Railtrack, Railtrack gives notice to the undertaker informing it that the state of maintenance of the specified works appears to be such as adversely affects the operation of railway property, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put the specified works in such state of maintenance as not adversely to affect railway property. (14) All temporary structures, erections, works, apparatus and appliances erected or placed by the undertaker under the powers of the Order upon, over or under any railway of Railtrack shall, as soon as reasonably practicable, be removed by the undertaker at times to be agreed with, and to the reasonable satisfaction of, the engineer and in such a way as to cause as little damage to railway property and as little interference with, or delay or interruption to, the traffic on the railways of Railtrack as may be; and if any damage to railway property or such interference, delay or interruption is caused by any such failure to remove any such temporary structures, erections, works, apparatus or appliances, the undertaker shall forthwith make good such damage and pay to Railtrack the reasonable costs and expenses to which it may be put and reasonable compensation for any loss which it may sustain by reason of such damage, interference, delay or interruption. (15) If it is necessary for the protection and safety of railway property for Railtrack to purchase any minerals for the support of such property or to pay compensation for any minerals to be left unworked for the support thereof and the specified works also derive support from such minerals, the undertaker shall repay to Railtrack a reasonable proportion of the amount paid by Railtrack for or in respect of such minerals and the costs and expenses incurred by Railtrack in relation to any such purchase or payment of compensation. (16) Before providing any illumination or illuminated traffic sign on or in connection with the specified works in the vicinity of any railway of Railtrack the undertaker shall consult with Railtrack and comply with its reasonable requirements in regard thereto with a view to ensuring that such illumination or illuminated sign could not be confused with any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway. (17) Any additional expenses which Railtrack may reasonably incur after giving 56 days' notice to the undertaker in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of the specified works shall be repaid by the undertaker to Railtrack. (18) The undertaker shall be responsible for and make good to Railtrack all reasonable costs, charges, damages and expenses not otherwise provided for in this article which may be occasioned to or reasonably incurred by Railtrack— (a) by reason of the construction or maintenance of the specified works or the failure thereof; or (b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon the specified works; and the undertaker shall indemnify Railtrack from and against all claims and demands arising out of or in connection with the specified works or any such failure, act or omission as aforesaid and the fact that any act or thing may have been done by Railtrack on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision shall not (if it was done without negligence on the part of Railtrack or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this paragraph:— - Provided that Railtrack shall give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the undertaker. (19) In the assessment of compensation payable under this article there shall not be taken into account any enhancement of that compensation attributable to any action taken by or any agreement entered into by Railtrack if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining compensation or increased compensation and for the avoidance of doubt any reference in this paragraph to compensation shall be deemed to relate to any payment due to Railtrack under this article. (20) Section 42 (For further protection of British Railways Board) of the Greater Manchester (Light Rapid Transit System) Act 1988[^f00029] shall have effect with the substitution of references to Railtrack for references to the railways board and as if the references therein to the light rapid transit system and to works authorised by that Act included references to the authorised works and to any parts of the railways of Railtrack transferred to, and vested in, the undertaker by agreement with Railtrack under this Order. (21) The undertaker and Railtrack may enter into, and carry into effect, agreements for the transfer to the undertaker of— (a) any railway property shown on the land plans and described in the book of reference, (b) any lands, works or other property held in connection with any such railway property, and (c) any rights and obligations (whether or not statutory) of Railtrack relating to any land, works or property referred to in this paragraph.
For protection of Environment Agency
51
For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions shall, unless otherwise agreed in writing between the undertaker and the Agency, have effect:—
(1) Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991[^f00030] or any byelaws made under that Act or the Land Drainage Act 1991[^f00031] in relation to anything done under or in pursuance of this Order. (2) (a) Before carrying out any works under the powers of this Order involving the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991 or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in, under or through any land held for the purposes of or in connection with the authorised transit system the undertaker shall furnish to the Agency proper and sufficient plans thereof for the approval of the Agency and shall not carry out the said works until the said plans have been approved in writing by the Agency. (b) The approval of plans furnished under this paragraph shall not be unreasonably withheld and if, within two months of such plans being supplied to the Agency, the Agency does not indicate in writing its disapproval and the grounds of its disapproval, it shall be deemed to have approved the plans as supplied. (c) For the purposes of this paragraph, “plans” includes sections, drawings, specifications, calculations and descriptions. (3) (a) Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for purposes of or in connection with the authorised transit system, whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the undertaker in good repair and condition and free from obstruction. (b) Nothing in this paragraph shall have the effect of requiring the undertaker to carry out works of maintenance in respect of any culvert or structure which the Agency or any other person are liable to maintain. (4) If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article the undertaker shall upon receiving notice from the Agency take such action as may be necessary to remedy the effect of the contravention to the Agency’s satisfaction and in default the Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the undertaker as a debt due from them to the Agency.
Minerals
52
Nothing in this Order shall affect the right of any person entitled to any mine or minerals of any description whatsoever under a street along which any authorised street tramway is laid to work the mine or get the minerals; but this shall not affect any liability (whether civil or criminal) of the person so entitled in respect of damage to the authorised street tramway resulting from the exercise of any such right.
Saving for highway authorities
53
Nothing in this Order shall affect any power of a highway authority to widen, alter, divert or improve any highway along which a street tramway is laid.
Arrangements with highways authorities
54
The following provisions shall, unless otherwise agreed in writing between the undertaker and the highway authority concerned, have effect:—
(1) In this article “highway” means a street vested in or maintainable by the highway authority; - “highways operations” means the construction of any part of the authorised works which will involve interference with a highway or the traffic in a highway and any temporary stopping up, alteration or diversion of a highway; “plans” includes sections, drawings, specifications and particulars (including descriptions of methods of construction). (2) Wherever in this article provision is made with respect to the approval or consent of the highway authority, that approval or consent shall be in writing and may be given subject to such reasonable terms and conditions as the highway authority may require in the interests of safety and in order to minimise inconvenience to persons using the highway, but shall not be unreasonably withheld. (3) Prior to seeking approval under paragraph (4) below, the undertaker shall consult the highway authority concerned as to any works and changes in the management of the highway network which may be required to ensure the effective integration of the authorised transit system with other forms of highway traffic and, within 28 days of being requested in writing by the undertaker so to do, the highway authority shall provide the undertaker with its opinion on the subject. (4) (a) Without prejudice to the application of sections 59 and 60 of the 1991 Act (duty of street authority to co-ordinate and undertakers to co-operate) before commencing any highway operations, the undertaker shall submit to the highway authority for its approval proper and sufficient plans and shall not commence the highway operations until such plans have been approved or settled by arbitration. (b) If, within 56 days after any plans have been submitted to a highway authority under sub-paragraph (a) above, it has not intimated its disapproval and the grounds of disapproval, it shall be deemed to have approved them. (c) In the event of any disapproval of plans by a highway authority under this paragraph, the undertaker may re-submit the plans with modifications and, in that event, if the highway authority has not intimated its disapproval and the grounds of disapproval within 28 days of the plans being re-submitted, it shall be deemed to have approved them. (5) In submitting plans under paragraph (4) above, the undertaker shall— (a) ensure that the design of any lighting for new station areas is such as not to cause confusion to highway users operating under normal highway lighting; (b) ensure that the design and positioning of any poles and brackets required for overhead line equipment and the design of foundations, platforms, road islands, substations, electric lines and other apparatus are compatible, so far as reasonably practicable, with street furniture vested in the highway authority; and (c) ensure that the design of any traffic signalling system for the authorised transit system is fully compatible with traffic signalling for other traffic users whilst achieving priority signalling for tramcars using the authorised transit system wherever practicable. (6) Except in an emergency or where reasonably necessary to secure the safety of the public no direction or instruction shall be given by the highway authority to the contractors, servants or agents of the undertaker regarding the highway operations without the prior consent in writing of the undertaker:— - Provided that the highway authority shall not be liable for any additional costs which may be incurred as a result of the giving of instructions or directions pursuant to this article. (7) To facilitate liaison with the undertaker, the highway authority concerned shall provide so far as is reasonably practicable a representative to attend meetings arranged by the undertaker respecting highway operations. (8) So much of the authorised works as forms part of or is intended to become public highway, or part of any such highway, and which are not street works as respects which the provisions of Part III of the 1991 Act apply shall be completed in accordance with the reasonable requirements of the local highway authority or, in case of difference between the undertaker and the highway authority as to whether those requirements have been complied with or as to their reasonableness, in accordance with such requirements as may be approved or settled by arbitration. (9) The undertaker shall not, except with the consent of the highway authority, alter or interfere with any sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or apparatus connected therewith, or any other property or work belonging to, or under the jurisdiction or control of, the highway authority on or under any highway or repairable by them or the access thereto. (10) The undertaker shall not, except with the consent of the highway authority, deposit any soil or materials or stand any vehicle or plant on or over any highway so as to obstruct or render less safe the use of the highway by any person or, except with the like consent, deposit any soil or materials on any highway except within a hoarding. (11) The undertaker shall, if reasonably so required by the highway authority, provide and maintain during such time as the undertaker may occupy any part of a highway for the purpose of the construction of any part of the authorised works, temporary ramps for vehicular traffic or pedestrian traffic, or both, and any other traffic measures required to protect the safety of road users in accordance with the standard recommended in Chapter 8 of the Traffic Signs Manual issued for the purposes of the Traffic Signs Regulations and General Directions 1994[^f00032] in such position as may be necessary to prevent undue interference with the flow of traffic in any highway. (12) The undertaker shall not place any hoardings on any part of any highway except for such period and in such manner as may be reasonably necessary. (13) The undertaker shall indemnify the highway authority against any claim which may arise as a result of any subsidence of, or damage to, any highway or any sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or apparatus connected therewith or any other property or work belonging to, or under the jurisdiction or control of, the highway authority on or under any highway, or maintainable by them, which may be caused by, or in consequence of, any act or default of the undertaker, its contractors, servants or agents. (14) Unless otherwise agreed between the parties any difference arising between the undertaker and the highway authority under this article (other than a difference as to its meaning or construction) shall be determined by arbitration.
PART VI — MISCELLANEOUS AND GENERAL
Application to and repeal of existing enactments
55
- (1) The provisions of Part IV of this Order other than article 46 shall apply in relation to the street tramways and tramroads comprised in the light rapid transit system authorised by the Greater Manchester (Light Rapid Transit System) Acts 1988 to 1994 as they apply to the authorised transit system.
- (2) To the extent specified in column (4) of Schedule 10 to this Order, the provisions of the Greater Manchester (Light Rapid Transit System) Acts 1988 to 1994 listed in column (3) of that Schedule shall cease to have effect.
- (3) The Greater Manchester (Light Rapid Transit System) Acts 1988 to 1994 are—
- Greater Manchester (Light Rapid Transit System) Act 1988
- Greater Manchester (Light Rapid Transit System) (No. 2) Act 1988[^f00033]
- Greater Manchester (Light Rapid Transit System) Act 1990[^f00034]
- Greater Manchester (Light Rapid Transit System) (No. 2) Act 1990[^f00035]
- Greater Manchester (Light Rapid Transit System) Act 1991[^f00036]
- Greater Manchester (Light Rapid Transit System) Act 1992[^f00037]
- Greater Manchester (Light Rapid Transit System) Act 1994[^f00038].
Disclosure of confidential information
56
A person who—
- (a) enters a factory, workshop or workplace in pursuance of the provisions of article 21 above, and
- (b) discloses to any person any information obtained by him relating to any manufacturing process or trade secret,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter the land.
Certification of plans, etc.
57
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the sections, the land plans, the works plans and the Public Open Space Plan attached to the land plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, sections and plans 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.
Service of notices
58
- (1) A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
- (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
- (3) For the purposes of section 7 of the Interpretation Act 1978[^f00039] as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise—
- (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
- (b) in any other case, his last known address at the time of service.
- (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by—
- (a) addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
- (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
- (5) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
59
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
60
Unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
SCHEDULE 1 — SCHEDULED WORKS
ECCLES EXTENSION
In the City of Salford—
- Work No. 1A street tramway 109 metres in length (single line) commencing in the southern carriageway of Regent Street 55 metres west of College Croft running in an easterly direction before terminating at a point 25 metres west of Lane End.
- Work No. 2A street tramway 33 metres in length (single line becoming double line) commencing by a junction with the termination of Work No. 1 running in an easterly direction in the southern carriageway of Regent Street before terminating at a point 8 metres east of Lane End.
- Work No. 3A tramroad 494 metres in length (double line) commencing by a junction with the termination of Work No. 2 running in an easterly direction under Ladywell Roundabout and terminating on the southern side of Eccles New Road opposite Millers Court.
- Work No. 4A street tramway 323 metres in length (double line) commencing by a junction with the termination of Work No. 3 running in an easterly direction along Eccles New Road before terminating at the junction of that road and Stott Lane.
- Work No. 5A street tramway 817 metres in length (double line) commencing by a junction with the termination of Work No. 4 and running in an easterly direction along Eccles New Road before terminating at a point on the north eastern side of the junction of Eccles New Road and Weaste Road.
- Work No. 6A tramroad 209 metres in length (double line) commencing by a junction with the termination of Work No. 5 and running in an easterly direction before terminating at a point on the north western side of the junction of Eccles New Road and Foster Street.
- Work No. 6AA new road 172 metres in length commencing on Foster Street just to the north of the turning area to the rear of the Grey Mare Inn Public House and terminating by a junction with Oakley Street at a point 22 metres east of No. 23 Oakley Street.
- Work No. 7A street tramway 592 metres in length (double line) commencing by a junction with the termination of Work No. 6 and running in an easterly direction along Eccles New Road before terminating at a point on the south eastern side of the junction of Missouri Avenue and Eccles New Road.
- Work No. 8A tramroad 147 metres in length (double line) commencing by a junction with the termination of Work No. 7 and running in an easterly direction before terminating at a point on the south western side of the junction of Eccles New Road and South Langworthy Road.
- Work No. 9A street tramway 589 metres in length (double line) commencing by a junction with the termination of Work No. 8 running in a southerly direction along South Langworthy Road before terminating by a junction with Work No. 4 of the Greater Manchester (Light Rapid Transit System) (No. 2) Act 1990 (hereinafter “the No. 2 Act of 1990”) on the south side of Broadway.
- Work No. 10A tramroad 522 metres in length (single line becoming double line) commencing by a junction with Work No. 4 authorised by the No. 2 Act of 1990 at a point 126 metres south of Broadway running in a south westerly direction before terminating at a point on the western side of the Dock 9 bund 135 metres south of the dock wall at Huron Basin.
- Work No. 10AA tramroad 148 metres in length (single line) commencing by a junction with Work No. 4 authorised by the No. 2 Act of 1990 at a point north of The Quays loop road running in a westerly direction before terminating by a junction with Work No. 10 at a point south of Broadway stop.
- Work No. 10BA new road 367 metres in length commencing by a junction with The Quays loop road 80 metres to the north of Huron Basin and terminating by a junction with The Quays loop road 133 metres to the south of the dock wall bund at Huron Basin.
SCHEDULE 2 — ACQUISITION OF CERTAIN LAND
| (1) | (2) | (3) |
|---|---|---|
| Area | Number of land shown on land plan | Purpose for which land may be acquired |
| City of Salford | 8, 9 | Highway improvements |
| 13 | Highway improvements | |
| 30, 31 | Bridge widening | |
| 33 | Bridge widening | |
| 48 | Highway improvements | |
| Part of 80 (as shown on the Public Open Space Plan attached to the land plans) | Exchange land | |
| 81 | Exchange land | |
| 82 | Exchange land | |
| Part of 83 (as shown on the Public Open Space Plan attached to the land plans) | Exchange land | |
| 85 | Highway improvements | |
| 86 | Highway improvements | |
| 87 | Highway improvements | |
| 95 | Highway improvements | |
| 96 | Highway improvements | |
| 98 | Highway improvements | |
| 101, 105, 106, 109, 111, 112 | Highway improvements | |
| 102, 103 | Highway improvements | |
| 104, 107, 108, 110 | Highway improvements | |
| CE | Traffic regulation | |
| --- | --- | |
| OE | Re-opening of street | |
| SE | Permanent stopping up of street | |
| TE | Temporary stopping up of street | |
| VE | Vehicular rights of street to be stopped up | |
| WE | Kerbline modification |
SCHEDULE 3 — STREETS SUBJECT TO ALTERATION OF LAYOUT
| (1) | (2) | (3) |
|---|---|---|
| Area | Street subject to alteration of layout | Description of alteration |
| City of Salford | Lane End | Re-opening of street between OE1 and OE2 |
| City of Salford | Regent Road | Kerbline to be altered between WE1 and WE2 on the north side of the northernmost carriageway Kerbline to be set back between WE3 and WE4 on the south side of the northernmost carriageway |
| City of Salford | College Croft | Kerbline to be set forward between WE5 and WE6 on east and west sides of College Croft |
| City of Salford | Eccles New Road | Kerbline to be set back between WE7 and WE8 on the north side Kerbline to be set forward between WE9 and WE10 on the south side Kerbline to be set back between WE11 and WE12 on the north side between its junction with Stott Lane and its junction with Weaste Road Kerbline to be set back between WE13 and WE14 on the north side Kerbline to be altered between WE15 and WE16 on the south side Kerbline to be altered between WE17 and WE18 on the north side Kerbline to be set back between WE19 and WE20 on the north side Kerbline to be set forward between WE21 and WE22 on the south side Kerbline to be set back between WE23 and WE24 on the south side Kerbline to be set back between WE25 and WE26 on the south and north sides |
| City of Salford | Canterbury Gardens | Kerbline to be set back between WE27 and WE28 adjacent to Knights Court |
| City of Salford | Stott Lane | Kerbline to be altered between WE29 and WE30 on east and west sides at its junction with Eccles New Road |
| City of Salford | Bolivia Street | Kerbline to be altered between WE31 and WE32 on east and west sides at its junction with Eccles New Road |
| City of Salford | Hazel Grove | Kerbline to be altered between WE33 and WE34 on east and west sides at its junction with Eccles New Road |
| City of Salford | Sheader Drive | Kerbline to be altered between WE35 and WE36 on the east and west sides at its junction with Eccles New Road |
| City of Salford | James Corbett Road | Kerbline to be altered between WE37 and WE38 on the east and west sides at its junction with Eccles New Road |
| City of Salford | Weaste Road | Kerbline to be altered between WE39 and WE40 on the east and west sides at its junction with Eccles New Road |
| City of Salford | Foster Street | Kerbline to be altered between WE41 and WE42 on the east and west sides at its junction with Eccles New Road |
| City of Salford | Hessel Street | Kerbline to be altered between WE43 and WE44 on the east and west sides at its junction with Eccles New Road |
| City of Salford | Humber Street | Kerbline to be altered between WE45 and WE46 on the east and west sides at its junction with Eccles New Road |
| City of Salford | Borough Road | Kerbline to be altered between WE47 and WE48 on the east and west sides at its junction with Eccles New Road |
| City of Salford | Mode Wheel Road | Kerbline to be altered between WE49 and WE50 on the east and west sides at its junction with Eccles New Road |
| City of Salford | Kerrera Drive | Kerbline to be altered between WE51 and WE52 on the east and west sides at its junction with Eccles New Road |
| City of Salford | Derby Road | Kerbline to be altered between WE53 and WE54 on the east and west sides at its junction with Eccles New Road |
| City of Salford | Dolbey Street | Kerbline to be altered between WE55 and WE56 on the east and west sides at its junction with Eccles New Road |
| City of Salford | My Street | Kerbline to be altered between WE57 and WE58 on the east and west sides at its junction with Eccles New Road |
| City of Salford | Missouri Avenue | Kerbline to be altered between WE59 and WE60 on east and west sides at its junction with Eccles New Road |
| City of Salford | Langworthy Road | Kerbline to be altered between WE61 and WE62 on east and west sides at its junction with Eccles New Road |
| City of Salford | South Langworthy Road | Kerbline to be set back between WE63 and WE64 on the east side at its junction with Eccles New Road Kerbline to be altered between WE65 and WE66 on the east and west sides at its junction with Broadway Kerbline to be set back between WE67 and WE68 on the west side at its junction with Broadway |
| City of Salford | Broadway | Kerbline to be set back between WE69 and WE70 on the north and south sides at its junction with South Langworthy Road |
| City of Salford | Montford Street | Kerbline to be altered between WE71 and WE72 on the north and south sides at its junction with South Langworthy Road |
| City of Salford | Kansas Avenue | Kerbline to be altered between WE73 and WE74 on the north and south sides at its junction with South Langworthy Road |
| City of Salford | Dakota Avenue | Kerbline to be altered between WE75 and WE76 on the north and south sides at its junction with South Langworthy Road |
| City of Salford | Dallas Court | Kerbline to be altered between WE77 and WE78 on the north and south sides at its junction with South Langworthy Road |
| City of Salford | Alleyway connecting Belmont Street and Thornfield Street | Kerbline to be altered between WE79 and WE80 on the north and south sides |
| City of Salford | Ladywell Roundabout | Kerbline to be altered between WE81 and WE82 on the east and west sides |
SCHEDULE 4 — STREETS TO BE PERMANENTLY STOPPED UP
PART I — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Area | Street to be stopped up | Extent of stopping up | New street to be substituted |
| City of Salford | Weaste Lane/Foster Street | Between SE1 and SE2 at its junction with Foster Street | Work No. 6A |
| City of Salford | The Quays | Between SE13 and SE14 | Work No. 10B |
PART II — STREETS OVER WHICH VEHICULAR RIGHTS ONLY ARE TO BE STOPPED UP
| (1) | (2) | (3) |
|---|---|---|
| Area | Street affected | Extent of stopping up |
| City of Salford | College Croft | Between VE1 and VE2 |
| City of Salford | Lane End | Between VE3 and VE4 |
| City of Salford | Thornfield Street | Between VE5 and VE6 |
| City of Salford | Regent Street | Between VE7 and VE8 on the southern carriageway |
PART III — STREETS FOR WHICH NO SUBSTITUTE WILL BE PROVIDED
| (1) | (2) | (3) |
|---|---|---|
| Area | Street affected | Extent of stopping up |
| City of Salford | Oakley Street | Between SE3 and SE4 |
| City of Salford | Knott Street | Between SE5 and SE6 |
| City of Salford | Belmont Street | Between SE7 and SE8 |
| City of Salford | Alleyway connecting Weaste Road and Belmont Street | Between SE9 and SE10 |
| City of Salford | Subway on south east side of Ladywell Roundabout | Between SE11 and SE12 and between SE15 and SE16 |
SCHEDULE 5 — STREETS TO BE TEMPORARILY STOPPED UP
| (1) | (2) | (3) |
|---|---|---|
| Area | ||
| Street affected | Extent of stopping up | |
| City of Salford | College Croft | Between TE1 and TE2 at the junction with Regent Street |
| City of Salford | Regent Street | Between TE3 and TE4 |
| City of Salford | Eccles New Road | Between TE5 and TE6 |
| City of Salford | South Langworthy Road | Between TE7 and TE8 |
| City of Salford | Broadway | Between TE9 and TE10 |
SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE EN ACTMENTS FOR CREATION OF NEW RIGHTS
Compensation enactments
1
The enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.
2
- (1) Without prejudice to the generality of paragraph 1 above, the Land Compensation Act 1973[^f00040] shall have effect subject to the modifications set out in sub-paragraphs (2) and (3) below.
- (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4 below—
- (a) for the words “land is acquired or taken” there shall be substituted the words “a right over land is purchased”, and
- (b) for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.
- (3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5 below—
- (a) for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over land consisting”,
- (b) for the word “severance” there shall be substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”,
- (c) for the words “part proposed” there shall be substituted the words “right proposed”, and
- (d) for the words “part is” there shall be substituted the words “right is”.
Adaptation of the 1965 Act
3
- (1) The 1965 Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—
- (a) the right acquired or to be acquired, or
- (b) the land over which the right is or is to be exercisable.
- (2) Without prejudice to the generality of sub-paragraph (1) above, Part I of the 1965 Act shall apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.
4
For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section:—
(7) In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.
5
For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the following:—
(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the person satisfies the tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land, or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996 (“the Order”) shall, in relation to that person cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section shall be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.
6
The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say:—
- (a) section 9(4) (failure by owners to convey),
- (b) paragraph 10(3) of Schedule 1 (owners under incapacity),
- (c) paragraph 2(3) of Schedule 2 (absent and untraced owners), and
- (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),
shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.
7
Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.
8
Section 20 of the 1965 Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.
9
Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.
SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Area | Number of land shown on land plans | Purpose for which temporary possession may be taken | Authorised work |
| City of Salford | 30, 31, 32, 33, 34, 37 | Construction site | Bridge construction |
| City of Salford | 40 | Worksite | Site accommodation, storage of plant and materials |
SCHEDULE 8 — TRAFFIC REGULATION ORDERS
| (1) | (2) | (3) |
|---|---|---|
| Area | Street affected | Length |
| City of Salford | Eccles New Road | Between CE1 and CE2 along its entire length |
| City of Salford | South Langworthy Road | Between CE3 and CE4 along its entire length |
SCHEDULE 9 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
Apparatus of statutory undertakers, etc. on land acquired
1
- (1) Sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers, etc. and power of statutory undertakers, etc. to remove or re-site apparatus) shall apply in relation to any land acquired or appropriated by the undertaker under this Order subject to the following provisions of this paragraph; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) shall have effect accordingly.
- (2) In the provisions of the 1990 Act, as applied by sub-paragraph (1) above, references to the appropriate Minister are references to the Secretary of State.
- (3) Where any apparatus of public utility undertakers or of a public telecommunications operator is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1) above, any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
- (4) Sub-paragraph (3) above shall not apply in the case of a removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that sub-paragraph, any person who is—
- (a) the owner or occupier of premises the drains of which communicated with that sewer, or
- (b) the owner of a private sewer which communicated with that sewer,
shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant.
- (5) The provisions of the 1990 Act mentioned in sub-paragraph (1) above, as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 below or Part III of the 1991 Act applies.
- (6) In this paragraph—
- “the 1990 Act” means the Town and Country Planning Act 1990[^f00041];
- “public telecommunications operator” means— a person authorised, by a licence to which section 9 of the Telecommunications Act 1984[^f00042] applies, to run a public telecommunications system, or a person to whom the telecommunications code has been applied pursuant to section 10 of that Act; and
- “public utility undertakers” has the same meaning as in the Highways Act 1980[^f00043].
Apparatus of statutory undertakers etc. in stopped up streets
2
- (1) Where a street is stopped up under article 10 (permanent stopping up of streets) of this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.
- (2) The undertaker shall give not less than 28 days' notice in writing of its intention to stop up any street under article 10 of this Order to any statutory utility whose apparatus is under, in, upon, over, along or across that street.
- (3) Where notice under sub-paragraph (2) above has been given any statutory utility whose apparatus is under, in, upon, over, along or across the street may and, if reasonably requested so to do by the undertaker, shall—
- (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the statutory utility may reasonably determine and have power to place it, or
- (b) provide other apparatus in substitution for the existing apparatus and place it in such position as aforesaid.
- (4) Subject to the following provisions of this paragraph, the undertaker shall pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with:—
- (a) the execution of relocation works required in consequence of the stopping up of the street, and
- (b) the doing of any other work or thing rendered necessary by the execution of relocation works.
- (5) If in the course of the execution of relocation works under sub-paragraph (3) above—
- (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions except where this has been solely due to using the nearest available type, capacity or dimension, or
- (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory utility by virtue of sub-paragraph (4) above shall be reduced by the amount of that excess.
- (6) For the purposes of sub-paragraph (5) above—
- (a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus, and
- (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.
- (7) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (4) above (and having regard, where relevant, to sub-paragraph (5) above) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7.5 years earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30th June, 1992, as revised and re-issued from time to time.
- (8) Sub-paragraphs (4) to (7) above shall not apply where the authorised works constitute major transport works for the purposes of Part III of the 1991 Act, but instead—
- (a) the allowable costs of the relocation works shall be determined in accordance with section 85 of that Act (sharing of costs of necessary measures) and any regulations for the time being having effect under that section, and
- (b) the allowable costs shall be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.
- (9) In this paragraph—
- “apparatus” has the same meaning as in Part III of the 1991 Act;
- “relocation works” means works executed, or apparatus provided, under sub-paragraph (3) above; and
- “statutory utility” means a statutory undertaker for the purposes of the Highways Act 1980 or a public telecommunications operator as defined in paragraph 1(6) above.
Railway and navigation undertakings
3
- (1) Subject to the following provisions of this paragraph, the powers under article 9 of this Order to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980):—
- (a) is under the control or management of, or is maintainable by, railway or tramway undertakers or a navigation authority, or
- (b) forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,
except with the consent of the undertakers or authority or, as the case may be, of the person to whom the level crossing belongs.
- (2) Sub-paragraph (1) above shall not apply to the carrying out under this Order of emergency works, within the meaning of Part III of the 1991 Act.
- (3) A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.
- (4) In this paragraph “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.
SCHEDULE 10 — REPEAL OF EXISTING ENACTMENTS
| (1) | (2) | (3) | (4) |
|---|---|---|---|
| Chapter | Title or short title | Provision | Extent |
| 1988 c.i. | Greater Manchester (Light Rapid Transit System) Act 1988 | section 11 (approval of Secretary of State) | The whole section |
| 1988 c.i. | Greater Manchester (Light Rapid Transit System) Act 1988 | section 12 (details of rolling stock to be approved by Secretary of State) | The whole section |
| 1988 c.i. | Greater Manchester (Light Rapid Transit System) Act 1988 | section 28 (removal of obstructions) | The whole section |
| 1988 c.i. | Greater Manchester (Light Rapid Transit System) Act 1988 | section 29 (Executive may lop trees overlapping streets) | The whole section |
| 1988 c.i. | Greater Manchester (Light Rapid Transit System) Act 1988 | section 30 (byelaws as to light rapid transit system) | The whole section |
| 1988 c.i. | Greater Manchester (Light Rapid Transit System) Act 1988 | section 31 (regulations as to light rapid transit system) | The whole section |
| 1988 c.i. | Greater Manchester (Light Rapid Transit System) Act 1988 | section 32 (power to charge) | The whole section |
| 1988 c.i. | Greater Manchester (Light Rapid Transit System) Act 1988 | section 33 (power to make agreements with highway authority) | The whole section |
| 1988 c.i. | Greater Manchester (Light Rapid Transit System) Act 1988 | section 46 (carriages deemed to be public service vehicles) | The whole section |
| 1988 c.ii. | Greater Manchester (Light Rapid Transit System) (No. 2) Act 1988 | section 10 (extension of powers, etc.) | The words “and section 46 (Carriages deemed to be public service vehicles)” |
| 1990 c.xv. | Greater Manchester (Light Rapid Transit System) Act 1990 | section 10 (extension of powers, etc.) | The words “and section 46 (Carriages deemed to be public service vehicles)” |
| 1990 c.xxiii. | Greater Manchester (Light Rapid Transit System) (No. 2) Act 1990 | section 10 (extension of powers, etc.) | The words “and section 46 (Carriages deemed to be public service vehicles)” |
| 1991 c.xvi. | Greater Manchester (Light Rapid Transit System) Act 1991 | section 11 (extension of powers, etc.) | The words “and section 46 (Carriages deemed to be public service vehicles)” |
| 1992 c.xviii. | Greater Manchester (Light Rapid Transit System) Act 1992 | section 11 (extension of powers, etc.) | The words “and section 46 (Carriages deemed to be public service vehicles)” |
| 1994 c.vi. | Greater Manchester (Light Rapid Transit System) Act 1994 | section 11 (extension of powers, etc.) | The words “and section 46 (Carriages deemed to be public service vehicles)” |
| 1994 c.vi. | Greater Manchester (Light Rapid Transit System) Act 1994 | section 21 (power to contract for police services) | The whole section |
Signed
Signed by Authority of the Secretary of State for Transport
R. A. Allan — An Under Secretary, — 21st October 1996
Explanatory note
(This note is not part of the Order)
This Order authorises Greater Manchester Passenger Transport Executive to construct works and compulsorily to acquire land and rights in land for the purpose of extending the Metrolink light rapid transit system to run from Eccles Town Centre to Salford Quays to connect to a part of the Metrolink light rapid transit system in Salford Quays which is already authorised but not yet constructed. A copy of the land plans, the works plans, the sections and the book of reference are available for inspection free of charge during working hours at the following offices:—
- GMPTE, 9 Portland Street, Piccadilly Gardens, Manchester M60 1HX;
- City Technical Services Department, Salford Civic Centre, Chorley Road, Swinton, Salford M27 5BW.
Footnotes
[^f00001]: S.I. 1992/2902.
[^f00002]: 1992 c. 42.
[^f00003]: 1965 c. 56.
[^f00004]: 1984 c. 27.
[^f00005]: 1991 c. 22.
[^f00006]: 1980 c. 66.
[^f00007]: 1993 c. 43.
[^f00008]: 1984 c. 12.
[^f00009]: 1990 c. 8.
[^f00010]: 1845 c. 20.
[^f00011]: 1923 c. 20.
[^f00012]: 1871 c. 78.
[^f00013]: 1839 c. 45.
[^f00014]: 1861 c. 100.
[^f00015]: 1989 c. 29.
[^f00016]: 1961 c. 33.
[^f00017]: 1961 c. 33.
[^f00018]: 1991 c. 57.
[^f00019]: 1964 c. 40.
[^f00020]: 1970 c. 44.
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