The Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997

• (a) at all times afford reasonable facilities to the engineer for access to the specified works during their construction, and

• (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.

• (11) 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 section 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.

• (12)

• (a) 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.

• (b) The engineer shall, in respect of the capitalised sums referred to in this paragraph and paragraph (13)(a) below, provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

• (c) 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.

• (13) 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 (7) above or in constructing any protective works under the provisions of paragraph (8) 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, and

• (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.

• (14) 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.

• (15) 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.

• (16) 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.

• (17) 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.

• (18) 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 passing of this Order by reason of the existence of the specified works shall be repaid by the undertaker to Railtrack.

• (19) 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.

• (20) 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.

• (21) 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.

• (22) Section 42 (for further protection of British Railways Board) of the Greater Manchester (Light Rapid Transit System) Act 1988[^f00025] 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.

• (23) 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 Order 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 railway property.

For protection of Environment Agency

39

• (1) 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.

• (2) 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[^f00026] or any byelaws made under that Act or the Land Drainage Act 1991[^f00027] in relation to anything done under or in pursuance of this Order.

• (3)

• (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.

• (4)

• (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.

• (5) 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

40

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

41

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 highway authorities

42

• (1) The following provisions shall, unless otherwise agreed in writing between the undertaker and the highway authority concerned, have effect.

• (2) In this article—

• “highway” means a street vested in, or repairable or maintainable by, the highway authority but excluding the M56 and the M63;

• “highway 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).

• (3) 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.

• (4) Prior to seeking approval under paragraph (5) 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.

• (5)

• (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.

• (6) In submitting plans under paragraph (5) 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 the authorised transit system wherever practicable.

• (7) 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.

• (8) 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.

• (9) 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.

• (10) 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.

• (11) 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.

• (12) 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.

• (13) 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 standards recommended in Chapter 8 of the Traffic Signs Manual issued for the purposes of the Traffic Signs Regulations and General Directions 1994[^f00028] in such position as may be necessary to prevent undue interference with the flow of traffic in any highway.

• (14) 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.

• (15) 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.

• (16) 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

Amendment of existing enactments

43

• (1) Work No. 10A and Work No. 10B (tramroads in Trafford) of the Greater Manchester (Light Rapid Transit System) (No. 2) Act 1990[^f00029] shall cease to have effect.

• (2) Article 36 (maintenance of approved works, etc.) of the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996[^f00030] shall be amended by the substitution of “Health and Safety Executive” for “Secretary of State.”

• (3) Article 44 (powers of disposal, agreements for operation, etc.) of the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996 shall be amended by the omission from subsection (1) of the words “and any rights referred to in article 20”.

Disclosure of confidential information

44

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 there 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.

45

The undertaker shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the sections and the Order plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, sections and Order 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

46

• (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[^f00031] 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

47

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

48

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

In the borough of Trafford—

• Work No. 1 A tramroad 428 metres in length (single line) in substitution for Work No. 10A of the Greater Manchester (Light Rapid Transit System) (No. 2) Act 1990 commencing by a junction with the Altrincham line of the light rapid transit system at Trafford Bar Station, running across Elsinore Road and terminating 220 metres south of that road.

• Work No. 1A A tramroad 442 metres in length (single line) in substitution for Work No. 10B of the Greater Manchester (Light Rapid Transit System) (No. 2) Act 1990 commencing by a junction with the Altrincham line of the light rapid transit system at Trafford Bar Station, running under that line and Elsinore Road and terminating 220 metres south of that road.

In the borough of Trafford and city of Manchester—

• Work No. 2 A tramroad 2,206 metres in length (double line) commencing by a junction with the termination of Work Nos. 1 and 1A, running along part of the former Manchester South District Railway formation and terminating at a point 145 metres north-west of St. Werburgh’s Road overbridge.

In the city of Manchester—

• Work No. 3 A tramroad 690 metres in length (double line) commencing by a junction with the termination of Work No. 2 and running in a south-easterly and easterly direction, before terminating on the north-western side of Mauldeth Road West 210 metres south-west of the bridge carrying that road over the former railway.

• Work No. 4 A street tramway 582 metres in length (double line) commencing by a junction with the termination of Work No. 3 and running in a south-westerly direction along Mauldeth Road West before terminating at the junction of that road and Barlow Moor Road.

• Work No. 5 A street tramway 607 metres in length (double line) commencing by a junction with the termination of Work No. 4 and running across Barlow Moor Road, in a south-westerly direction along Hardy Lane before terminating at the western end of that lane.

In the city of Manchester and borough of Trafford—

• Work No. 6 A tramroad 924 metres in length (double line) commencing by a junction with the termination of Work No. 5 and running thence in a west-south-westerly direction by embankment or viaduct, then by bridge over the river Mersey and across Barrow Brook before terminating at a point 100 metres south-west of the entrance to Sale Water Park, and including excavation and removal of landfill as required.

In the borough of Trafford and city of Manchester—

• Work No. 7 A tramroad 1,785 metres in length (double line) commencing by a junction with the termination of Work No. 6 and running in a southerly direction to a point 600 metres to the south-east of the junction of Fairy Lane with Golf Road, then in a south-westerly direction over the M63 and across Sale Road before terminating at a point immediately south-west of that road, and including excavation and removal of landfill as required.

• Work No. 7A Replacement of existing 400 kV electric line above ground by new 400 kV electric line above ground (including substitute towers reference ZZN4 and ZZN3 with or without intermediate towers) in an alignment between existing towers reference ZZN5 and ZZN2 (including associated works to ZZN5 and ZZN2).

• Work No. 7B Reconstruction or replacement of existing Fairy Lane bridge to incorporate additional span immediately to the north of the M63, commencing at the junction of Golf Road and Fairy Lane and terminating at the junction of New Hall Road and Fairy Lane.

In the city of Manchester—

• Work No. 8 A tramroad 1,049 metres in length (double line) commencing by a junction with the termination of Work No. 7 and running thence in a south-westerly direction to a point 95 metres north-west of the junction of Garthorp Road and Bordley Walk, then in a south-easterly direction, before terminating on the western side of Bordley Walk.

• Work No. 9 A tramroad 129 metres in length (double line) commencing by a junction with the termination of Work No. 8 and running thence in a south-easterly and southerly direction across Baguley Brook and Bordley Walk before terminating on the northern side of Wythenshawe Road at its junction with Moor Road.

• Work No. 10 A street tramway 282 metres in length (double line) commencing by a junction with the termination of Work No. 9 and running thence in a southerly direction across Wythenshawe Road and along Moor Road before terminating on the western side of that road 15 metres south of its junction with Crewe Road.

• Work No. 11 A tramroad 1,046 metres in length (double line) commencing by a junction with the termination of Work No. 10 and running thence in a southerly direction across Altrincham Road, Royal Oak Road and over the existing railway line to a point 30 metres north of Floatshall Road.

• Work No. 11A A new road commencing on Altrincham Road opposite Moor Road and terminating on the existing Southmoor Road immediately south of Timpson Road.

• Work No. 11B A new road commencing on Royal Oak Road opposite the existing parking bay and terminating on Southmoor Road 90 metres south of Timpson Road.

• Work No. 12 A street tramway 649 metres in length (double line) commencing by a junction with the termination of Work No. 11 and running thence in a southerly direction along Southmoor Road and across Floatshall Road and Hollyhedge Road before terminating 125 metres south of the junction of Hollyhedge Road with Southmoor Road.

• Work No. 13 A tramroad 901 metres in length (double line) commencing by a junction with the termination of Work No. 12 and running thence in a southerly direction across Hollyhedge Road and Mill Brook by the entrance to Wythenshawe Hospital, alongside to the west of Clay Lane, across Floats Road and terminating at a point 150 metres north of the junction of Barnacre Avenue and Newall Road.

In the city of Manchester and borough of Trafford—

• Work No. 14 A tramroad 1,210 metres in length (double line) commencing by a junction with the termination of Work No. 13 and running thence in a south-westerly and southerly direction across Whitecarr Lane and Fairywell Brook and terminating at a point on the north-eastern side of Thorley Lane 180 metres north-west of the M56.

In the borough of Trafford and city of Manchester—

• Work No. 15 A street tramway 331 metres in length (double line) commencing by a junction with the termination of Work No. 14 and running thence in a south-easterly direction along Thorley Lane and over the M56 before terminating at a point on the north-eastern side of Thorley Lane 20 metres north of its junction with Runger Lane.

In the city of Manchester—

• Work No. 16 A tramroad 1,639 metres in length (double line) commencing by a junction with the termination of Work No. 15, running thence in an easterly, then south-easterly, then easterly direction within Manchester Ringway Airport before terminating 120 metres to the east of Outwood Lane adjacent to the Hilton Hotel.

• Work No. 17 A tramroad 1,269 metres in length (double line) commencing by a junction with the termination of Work No. 16, running thence in an easterly direction across Ringway Road West, Woodhouse Lane and Shadowmoss Road before terminating at a point on the north-eastern side of the junction of Shadowmoss Road and Ringway Road.

• Work No. 18 A tramroad 902 metres in length (double line) commencing by a junction with the termination of Work No. 17, running thence in a north-easterly direction alongside to the east of Shadowmoss Road across Mollington Road before terminating at a point on the south side of the junction of Shadowmoss Road and Simonsway.

• Work No. 19 A street tramway 1,200 metres in length (double line) commencing by a junction with the termination of Work No. 18, running thence in a north-westerly direction across Shadowmoss Road and alongside to the south of Simonsway before terminating at a point on the south side of the junction of Simonsway and Fleming Road.

• Work No. 20 A street tramway 748 metres in length (double line) commencing by a junction with the termination of Work No. 19, running thence in a northerly direction along Fleming Road and along Ainley Road, and then in an easterly direction alongside to the south of Poundswick Lane and alongside to the south of Crossacres Road before terminating at a point 80 metres west of the junction of Crossacres Road and Brownley Road.

• Work No. 20A A new road commencing on Ainley Road at its junction with the access road to Wythenshawe Forum and terminating on the existing Poundswick Lane 45 metres east of Gladeside Road.

• Work No. 21 A tramroad 706 metres in length (double line) commencing by a junction with the termination of Work No. 20, running thence in an easterly direction alongside to the south of Crossacres Road and then in a northerly direction alongside to the west of Brownley Road before terminating at a point on the southern side of the junction of Brownley Road and Hollyhedge Road.

• Work No. 22 A street tramway 1,091 metres in length (double line) commencing by a junction with the termination of Work No. 21, running thence in a northerly direction alongside to the west of Brownley Road and then in a westerly direction along Hollyhedge Road before terminating at a point on the north-western side of the junction of Hollyhedge Road and Greenwood Road.

• Work No. 23 A tramroad 320 metres in length (double line) commencing by a junction with the termination of Work No. 22, running thence in a north-westerly direction by bridge over the M56 alongside to the north of Hollyhedge Road before terminating at a point on the north-western side of the junction of Hollyhedge Road and Wendon Road.

• Work No. 24 A street tramway 683 metres in length (double line) commencing by a junction with the termination of Work No. 23, running thence in a westerly direction alongside to the north of Hollyhedge Road before terminating at a point 20 metres east of Marden Road.

• Work No. 25 A street tramway 203 metres in length (double line) commencing at a point adjacent to Hollyhedge Road 185 metres east of Southmoor Road, running thence in a westerly direction across Marden Road and alongside to the north of Hollyhedge Road and then in a northerly direction alongside to the east of Southmoor Road before terminating at a point 55 metres north of Hollyhedge Road.

• Work No. 25A A street tramway 195 metres in length (double line) commencing at a point adjacent to Hollyhedge Road 185 metres east of Southmoor Road, running thence in a westerly direction across Hollyhedge Road and alongside to the south of Hollyhedge Road and then in a southerly direction alongside to the east of Southmoor Road before terminating at a point adjacent to Fouracres Road 45 metres south of Hollyhedge Road.

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 Manchester	49 and 50	Highway junction improvement
	50, 51, 52, 53, 54 and 55	Highway junction improvement
	56, 57, 58, 59, 60, 61, 62, 63 and 64	Highway junction improvement
	595	Highway junction improvement
	65	Highway junction improvement
	70	Highway extension and provision of turning head
	68	Highway junction improvement
	74	Mitigation works
Borough of Trafford	82, 83, 84, 85, 86 and 87	Highway improvements
	107, 108 and 109	Ground improvement
	159	Landscaping
City of Manchester	184	Footpath realignment
	194 and 195	Replacement car parking area
	206, 207 and 208	Highway junction improvement
	209, 210, 211 and 212	Highway improvement
	215	Remodelling access driveway
	220 and 221	Replacement of caretaker’s house and remodelling of school entrance
	249, 250 and 251	Highway junction improvement
	254	Substation location
	314, 315, 316 and 317	Formation of pedestrian link
	347	Landscape/mitigation
	351	Landscape/mitigation
	349 and 350	Highway junction improvement
	360	Substation location
	381	Substation location
	379	Highway junction improvement and remodelling of playground area
	425	Remodelling of car parking area
	584	Remodelling of car parking area
	579 and 580	Remodelling of car parking area

SCHEDULE 3 — CONDITIONS OF DEEMED CONSENT UNDER SECTION 37 OF THE ELECTRICITY ACT 1989

1

The undertaker shall give notice in writing to the Secretary of State of the commencement of construction of Work No. 7A.

2

Subject to regulations 50, 51, 71 and 72 of the Conservation (Natural Habitats, &c.) Regulations 1994[^f00032], the Secretary of State may review this consent at any time after a period of ten years from the coming into force of this Order or five years from the commencement of construction of Work No. 7A, whichever is the earlier and upon such review after giving all persons concerned an opportunity of being heard he may vary or revoke his consent.

3

If the Secretary of State revokes this consent any line comprised in Work No. 7A shall be removed within such period as the Secretary of State may direct.

BRS	Ban on right turn movement on exit from street
ES	Extension of street
FS	Footpath diversion
RS	Realignment of street
SS	Permanent stopping up of street
SU	Substitute street
TS	Temporary stopping up of street
VS	Vehicular rights of street to be stopped up
WS	Widening of street

SCHEDULE 4 — STREETS SUBJECT TO ALTERATION OF LAYOUT

(1)	(2)	(3)
Area	Street subject to alteration of layout	Description of alteration
City of Manchester	Mauldeth Road West	Southern kerb line to be set back between WS1 and WS2 at Nell Lane and between WS3 and WS4 at Barlow Moor Road
		Northern kerb line to be set back between WS9 and WS10 at Barlow Moor Road
	Nell Lane	Kerb line to be set back between WS5 and WS6 on east and west sides at junction with Mauldeth Road West
	Barlow Moor Road	Kerb line to be set back between WS7 and WS8 on east and west sides at junction with Mauldeth Road West and Hardy Lane
	Hardy Lane	Extension and incorporation of turning head between ES1 and ES2
		Extension and incorporation of parking square to the north of Hardy Lane between ES3 and ES4
		Kerb line to be realigned between WS11 and WS12 both north and south for the full extent of street
	Dagnall Avenue	Kerb line to be set forward between WS13 and WS14 on east and west sides at junction with Hardy Lane
	Burrows Avenue	Kerb line to be set forward between WS15 and WS16 on east and west sides at junction with Hardy Lane
	Darley Avenue	Kerb line to be set forward between WS17 and WS18 on east and west sides at junction with Hardy Lane
	Cundiff Road	Kerb line to be set forward between WS19 and WS20 on east and west sides at junction with Hardy Lane
	Burleigh Mews	Kerb line to be set forward between WS21 and WS22 on east and west sides at junction with Hardy Lane
	Hurstville Road	Kerb line to be set back between WS23 and WS24 on west side at junction with Hardy Lane
		Kerb line to be set forward between WS23 and WS24 on east side at junction with Hardy Lane
Borough of Trafford	Rifle Road	Realignment between RS23 and RS24 to the south of the existing line
	Rutland Lane	Realignment between RS1 and RS2 at junction with Golf Road
	Golf Road	Realignment between RS3 and RS4 to the north-east of the existing line
	Fairy Lane	Realignment between RS5 and RS6 to the north-east of the existing line
		Realignment between RS27 and RS28 to the north-west of the existing line
City of Manchester	Wythenshawe Road	Kerb line to be set back between WS25 and WS26 on north and south sides at junction with Moor Road
	Moor Road	Kerb line to be realigned between WS27 and WS28 on east and west sides between Wythenshawe Road and 115 metres south of Newlands Road
		Kerb line to be set back between WS67 and WS68 on east and west sides at junction with Altrincham Road
	Falterly Road	Kerb line to be set back between WS29 and WS30 on north and south sides at junction with Moor Road
	Newlands Road	Kerb line to be set back between WS89 and WS90 on north and south sides at junction with Moor Road
	Crewe Road	Kerb line to be set back between WS31 and WS32 on north and south sides at junction with Moor Road
	Altrincham Road	Kerb line to be set back between WS33 and WS34 on north and south sides at junction with Moor Road and Southmoor Road
	Southmoor Road	Realignment between RS7 and RS8 between Altrincham Road and Timpson Road
		Kerb line to be set back between WS35 and WS36 at junction with Floatshall Road
		Kerb line to be set back between WS93 and WS94 on east side at junction with Hollyhedge Road
		Kerb line to be set back between WS95 and WS96 on west side at junction with Ledson Road
	Timpson Road	Kerb line to be set back between WS37 and WS38 on south side at new junction with Southmoor Road
		Kerb line to be set forward between WS37 and WS38 on north side at new junction with Southmoor Road
	Royal Oak Road	Realignment between RS25 and RS26 between Southmoor Road and Pitfield Gardens
	Floatshall Road	Kerb line to be set back between WS39 and WS40 on north and south sides at junction with Southmoor Road
	Ledson Road	Kerb line to be set back between WS91 and WS92 on north and south sides at junction with Southmoor Road
	Hollyhedge Road	Kerb line to be set back between WS41 and WS42 on north and south sides between junctions with Greenbrow Road and Southmoor Road
	Clay Lane	Realignment between RS9 and RS10 at junction with Floats Road
Borough of Trafford	Thorley Lane	Kerb line to be set back between WS43 and WS44 east of Roaring Gate Lane
		Kerb line to be set back between WS45 and WS46 on east and west sides at junction with Runger Lane
City of Manchester	Ringway Road West	Realignment between RS23 and RS24 north of car parking area
	Ringway Road	Kerb line to be set back between WS97 and WS98 on north and south sides at junction with Shadowmoss Road
	Shadowmoss Road	Kerb line to be set back between WS47 and WS48 on east and west sides at junction with Ringway Road
		Kerb line to be set back between WS49 and WS50 on east and west sides at junction with Simonsway
	Simonsway	Kerb line to be set back between WS51 and WS52 on north and south sides at junction with Shadowmoss Road
		Realignment between RS11 and RS12 at junction with Brownley Road
		Kerb line to be set back between WS53 and WS54 on north and south sides at junction with Fleming Road
	Peel Hall Road	Kerb line to be set back between WS99 and WS100 on east and west sides at junction with Simonsway
	Brownley Road	Realignment between RS13 and RS14 at junction with Simonsway
	Fleming Road	Realignment between RS15 and RS16 at junction with Simonsway, Shopping Centre and Forum access
	Ainley Road	Realignment between RS17 and RS18 at junction with Poundswick Lane
	Crossacres Road	Kerb line to be set back between WS55 and WS56 on north and south sides at junction with Brownley Road
	Brownley Road	Kerb line to be set back between WS57 and WS58 on east and west sides at junction with Crossacres Road
		Kerb line to be set back between WS59 and WS60 on east and west sides at junction with Woodend Road
		Realignment between RS19 and RS20 at junction with Hollyhedge Road
	Woodend Road	Kerb line to be set back between WS61 and WS62 on north and south sides at junction with Brownley Road
	Hollyhedge Road	Realignment between RS21 and RS22 at junction with Brownley Road
		Kerb line to be realigned between WS63 and WS64 on north and south sides extending from junction with Brownley Road to junction with Greenwood Road
		Kerb line to be set back between WS65 and WS66 on north and south sides between junctions with Wendon Road and Highdales Road
		Extension and incorporation of parking square to the north of Hollyhedge Road between ES5 and ES6
	Woodhouse Lane	Kerb line to be altered between WS69 and WS70 on east and west sides at junction with Hollyhedge Road
	Newhey Road	Kerb line to be altered between WS71 and WS72 on east and west sides at junction with Hollyhedge Road
	Broadoak Road	Kerb line to be altered between WS73 and WS74 on east and west sides at junction with Hollyhedge Road
	Moat Road	Kerb line to be altered between WS75 and WS76 on east and west sides at junction with Hollyhedge Road
	Fancroft Road	Kerb line to be altered between WS77 and WS78 on east and west sides at junction with Hollyhedge Road
	Greenwood Road	Kerb line to be set back between WS79 and WS80 on east and west sides at junction with Hollyhedge Road
	Wendon Road	Kerb line to be set back between WS81 and WS82 on east and west sides at junction with Hollyhedge Road
	Heybrook Road	Kerb line to be set forward between WS97 and WS98 on south side of that road at the junction of Heybrook Road and Hollyhedge Road
	Greenbrow Road	Kerb line to be set back between WS85 and WS86 on east and west sides at junction with Hollyhedge Road
	Marden Road	Kerb line to be set forward between WS83 and WS84 on south side of Marden Road
		Kerb line to be set back between WS87 and WS88 on east and west sides at junction with Hollyhedge Road

SCHEDULE 5 — 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 Manchester	Footpath No. 180	Between FS1 and FS2 at Chorlton Brook	Diversion between FS1 and FS2 at Chorlton Brook
Borough of Trafford	Fairy Lane Overbridge	Between SS1 and SS2 between Golf Road and New Hall Road	Work No. 7B
City of Manchester	Undesignated footpath	Between FS7 and FS8 between Melbecks Walk and Footpath No. 14	Diversion between FS7 and FS8
	Southmoor Road	Between SS3 and SS4 at entry to Altrincham Road	Work No. 11A and between SS3 and SS4 a cycletrack and footpath
	Royal Oak Road	Between SS5 and SS6 at entry to Southmoor Road	Work No. 11B
Borough of Trafford	Footpath No. 26	Between FS3 and FS4 east of Roaring Gate Farm	Diversion between FS3 and FS4
City of Manchester	Footpath No. 251	Between FS5 and FS6 south of Ringway Road West at Baguley Brook	Diversion between FS5 and FS6
	Ainley Road	Between SS7 and SS8 at entry to Poundswick Lane	Work No. 20A

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 Manchester	Fouracres Road	Between VS1 and VS2
	Ainley Road	Between VS3 and VS4

SCHEDULE 6 — STREETS TO BE TEMPORARILY STOPPED UP

(1)	(2)	(3)
Area	Street to be stopped up	Extent of temporary stopping up
City of Manchester	Moor Road	Between TS1 and TS2, between Wythenshawe Road and Bideford Drive
Borough of Trafford & City of Manchester	Thorley Lane	Between TS3 and TS4, between Roaring Gate Lane and Runger Lane
City of Manchester	Fleming Road	Between TS5 and TS6, between Simonsway and Forum access
	Woodend Road	Between TS7 and TS8 at junction with Brownley Road
	Hollyhedge Road	Between TS9 and TS10, between Brownley Road and Greenwood Road

SCHEDULE 7 — LEVEL CROSSINGS

PART I — TRAMROAD LEVEL CROSSINGS

(1)	(2)
Area	Highway to be crossed on the level
Borough of Trafford	Elsinore Road
City of Manchester	Sale Road
	Bordley Walk
	Altrincham Road
	Southmoor Road
	Royal Oak Road
	Hollyhedge Road
	Floats Road
	Whitecarr Lane
	Ringway Road West
	Woodhouse Lane
	Shadowmoss Road
	Mollington Road
	Crossacres Road
	Woodend Road
	Wendon Road

PART II — STREET TRAMWAY LEVEL CROSSINGS

(1)	(2)
Area	Highway to be crossed on the level
City of Manchester	Mauldeth Road West (northern carriageway)
	Nell Lane
	Barlow Moor Road
	Wythenshawe Road
	Floatshall Road
	Shadowmoss Road
	Rudd Park Road
	Simonsway
	Fleming Road
	Ainley Road
	Rowlandsway
	Greenwood Road
	Marden Road
	Hollyhedge Road

SCHEDULE 8 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS 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[^f00033] 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 (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) 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) (Airport Extension) Order 1997 (“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 9 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)	(2)	(3)
Area	Number of land shown on relevant plans	Purpose for which temporary possession may be taken
Borough of Trafford	13 and 14	Worksite
City of Manchester	36, 37, 38, 43 and 44	Temporary access
	73	Worksite
	219	Worksite
	297 and 304	Worksite
	355	Worksite
	426 and 429	Worksite
	585, 586 and 588	Worksite

SCHEDULE 10 — 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 the 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[^f00034];

• “public telecommunications operator” means— a person authorised, by a licence to which section 9 of the Telecommunications Act 1984[^f00035] 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[^f00036].

Apparatus of statutory undertakers, etc. in stopped up streets

2

• (1) Where a street is stopped up under article 11 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 their intention to stop up any street under article 11 of this Order to any statutory utility whose apparatus is under, in, upon, over, along or across the 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 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 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 (2) 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 10 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.

Signed

Signed by Authority of the Secretary of State for Transport

A S D Whybrow — Head of Traffic Policy Division, — Department of Transport — 30th April 1997

Explanatory note

(This note is not part of the Order)

This Order authorises the 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 from Trafford Bar to Manchester Ringway Airport and incorporating a loop back to Southmoor Road.

A copy of the Order plans, the sections and the book of reference are available for inspection free of charge during working hours at—

• GMPTE, 9 Portland Street, Piccadilly Gardens, Manchester M60 1HX;

• City Planning Department Reception, Manchester City Council, Level 7, Town Hall Extension, Manchester M60 2JT;

• Planning Reception, Trafford Metropolitan Borough Council, Ground Floor, Trafford Town Hall, Talbot Road, Stretford M32 0YT.

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]: 1989 c. 29.

[^f00008]: 1993 c. 43.

[^f00009]: 1985 c. 6.

[^f00010]: 1984 c. 12.

[^f00011]: 1845 c. 20.

[^f00012]: 1923 c. 20.

[^f00013]: 1839 c. 45.

[^f00014]: 1861 c. 100.

[^f00015]: 1989 c. 29.

[^f00016]: 1961 c. 33.

[^f00017]: 1991 c. 56.

[^f00018]: 1961 c. 33.

[^f00019]: 1991 c. 57.

[^f00020]: 1964 c. 40.

[^f00021]: 1970 c. 44.

[^f00022]: 1981 c. 67.

[^f00023]: 1990 c. 8.

[^f00024]: S.I. 1996/2714.

[^f00025]: 1988 c.i.

[^f00026]: 1991 c. 57.

[^f00027]: 1991 c. 59.

[^f00028]: S.I. 1994/1519.

[^f00029]: 1990 c. xxiii.

[^f00030]: S.I. 1996/2714.

[^f00031]: 1978 c. 30.

[^f00032]: S.I. 1994/2716.

[^f00033]: 1973 c. 26.

[^f00034]: 1990 c. 8.

[^f00035]: 1984 c. 12.

[^f00036]: 1980 c. 66.