The Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998

• (7) 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 (together with any adjoining part of the specified works which the undertaker reasonably requires to be constructed in one operation with those works) 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.

• (8) Upon signifying his approval 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 and the Station 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.

• (9) 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 user of any railway of Railtrack or the traffic thereon, the operation of the Station 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.

• (10) The undertaker shall—

• (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 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.

• (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 of 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 for preventing confusion between such illumination or illuminated sign and 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 making 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)

• (a) The compensation payable under paragraph (19) above shall include a sum equivalent to the relevant costs.

• (b) Subject to the terms of any agreement between Railtrack and any train operator regarding the terms of payment of the relevant costs in respect of that train operator, Railtrack shall promptly pay to each train operator the amount of any compensation which Railtrack receives under this paragraph which relates to the relevant costs of that train operator.

• (c) In this paragraph “relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of use of Railtrack’s railway network as a result of the construction or maintenance or failure of the specified works or any such failure, act or omission as mentioned in paragraph (19) above.

• (d) The obligation under this paragraph to pay Railtrack the relevant costs shall, in the event of default, be enforceable direct by the train operator concerned.

• (22) 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 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.

• (23)

• (a) Section 41 (For protection of British Railways Board) of the Greater Manchester (Light Rapid Transit System) Act 1988³¹ in its application to Railtrack shall not apply to any reconstruction of Work No. 7 authorised by that Act which forms part of the specified works.

• (b) Section 42 (For further protection of British Railways Board) of the Greater Manchester (Light Rapid Transit System) Act 1988 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 specified works and to any parts of the railways of Railtrack transferred to, and vested in, the undertaker by agreement with Railtrack under this Order.

• (24) 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 the British Waterways Board

43

• (1) For the protection of the waterways board the following provisions shall, unless otherwise agreed in writing between the undertaker and the waterways board, have effect.

• (2) In this article—

• “the canal” means the Ashton Canal in so far as it is owned or managed by the waterways board, and any works connected therewith for the maintenance of which the waterways board are responsible, and includes any lands held or used by the waterways board for the purposes of the canal;

• “construction” includes execution, placing, altering, replacing and relaying and includes removal;

• “the engineer” means an engineer to be appointed by the waterways board;

• “plans” includes sections, drawings, specifications and method statements;

• “the specified works” means so much of any of the authorised works as is situated over or upon or abuts on or in any way affects the canal and includes the exercise of any of the powers of articles 5, 8, 9, 10, 12, 19 and 23 in relation to the canal;

• “the waterways board” means the British Waterways Board.

• (3) Notwithstanding anything in this Order or shown on the land plans, the undertaker shall not under the powers of this Order acquire compulsorily or occupy any land or other property of the waterways board or acquire compulsorily any easement or other right over such land, but it may subject to the consent of the waterways board (which consent shall not unreasonably be withheld) in accordance with the provisions of article 29 above acquire such easements and rights as it may reasonably require for the purposes of the authorised works in any such land or property delineated on the land plans.

• (4) The undertaker shall not use any land or property of the waterways board (including the towing paths comprised in the canal) for the passage of vehicles, plant or machinery employed in the construction of the specified works other than—

• (a) with the consent in writing of the engineer, whose consent shall not be unreasonably withheld, and

• (b) subject to compliance with such reasonable requirements as the engineer may from time to time specify—

• (i) for the prevention of damage to such land and property and of danger to persons thereon, and

• (ii) in order to avoid or reduce any inconvenience to the waterways board, their officers and agents and all other persons lawfully on such land or property.

• (5) If as a result of the construction of the specified works any part of the towing path comprised in the canal or any public right of way giving access thereto (“the closed section”) is closed to persons on foot or on cycles the undertaker shall to the reasonable satisfaction of the waterways board provide in substitution a sufficient and convenient way between the points of commencement and termination of the closed section and maintain that way throughout the period of closure.

• (6)

• (a) The undertaker shall, before commencing the construction of the specified works, supply to the waterways board proper and sufficient plans thereof for the approval of the engineer and such further particulars available to it as the waterways board may within 28 days of the submission of the plans reasonably require, and shall not commence the specified works until plans thereof have been approved in writing by the engineer or settled by arbitration.

• (b) Approval of plans supplied under this sub-paragraph shall not be unreasonably withheld and, if within 56 days after such plans have been supplied to the waterways board the engineer shall not have intimated his disapproval thereof and the grounds of his disapproval, he shall be deemed to have approved the plans as supplied.

• (c) Upon signifying his approval of the plans the engineer may specify—

• (i) any protective works, whether temporary or permanent, which in his opinion should be carried out before the commencement of the specified works, and

• (ii) such other requirements as may be necessary,

to ensure the safety or stability of, or to prevent the obstruction of, the canal.

• (d) Such protective works as may be specified under sub-paragraph (c) above shall be constructed by the undertaker with all reasonable dispatch.

• (7) The undertaker shall pay to the waterways board a capitalised sum representing the increased or additional cost of maintaining and, when necessary, renewing any permanent protective works provided under paragraph (6) above, but if the cost of maintaining the canal, or of works of renewal on the canal, is reduced in consequence of any such protective works, a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to the waterways board under this paragraph.

• (8) The undertaker shall give to the engineer 28 days' notice of its intention to commence the construction or repair of any of the specified works, or, in the case of repair carried out in an emergency, such notice as may be reasonably practicable.

• (9) The undertaker shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and shall supply him with all such information as he may reasonably require with regard to the specified works or the method of construction thereof.

• (10) When construction of any specified works is commenced the works shall be carried out—

• (a) in accordance with the plans approved or deemed to be approved or settled as provided in paragraph (6) above, and any requirements made under sub-paragraph (6)(c) above,

• (b) under the supervision (if given) and to the reasonable satisfaction of the engineer,

• (c) so as not to interfere with or obstruct the use of the towing paths of the canal so far as is reasonably practicable, and

• (d) so as not to interfere with or obstruct the passage of vessels on the canal.

• (11) Following the completion of the construction of the specified works the undertaker shall restore the canal to a condition no less satisfactory than its condition immediately prior to the commencement of those works.

• (12) The undertaker shall not in the course of constructing or repairing the specified works do or permit anything which may result in the pollution of the canal or the deposit of materials therein and shall take such steps as the engineer may reasonably require to avoid or make good any breach of its obligations under this sub-paragraph.

• (13) Nothing in article 20 above shall authorise the undertaker—

• (a) to discharge any water directly or indirectly into the canal except with the consent in writing of the waterways board, or

• (b) to carry out any works to, or make any opening in, or otherwise interfere with, the canal (including the banks and bed thereof).

• (14) The undertaker shall pay to the waterways board all costs, charges and expenses reasonably incurred by them in respect of—

• (a) the approval by the engineer of plans supplied by the undertaker under paragraph (6) above, and

• (b) the supervision by him of the construction of the specified works.

• (15) Subject to paragraph (17)(b) below, if any damage to the canal or other land or property of the waterways board, any stoppage of the canal or any interference with the passage of vessels using the canal shall be caused by the carrying out of works for the construction of the specified works, the undertaker shall make good such damage and pay to the waterways board all reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any such damage, stoppage or interference.

• (16) Nothing in this Order shall authorise the undertaker to make or maintain any permanent works in or over the canal so as to reduce the width thereof if such reduction in width would impede or prevent the passage of any vessel of a kind (as to its dimensions) for which the waterways board are required by section 105(1)(b) and (2) of the Transport Act 1968³² to maintain the canal.

• (17)

• (a) The undertaker shall be responsible for and make good to the waterways board all costs, charges, damages and expenses not otherwise provided for in this article which may be occasioned to, or reasonably incurred by, the waterways board—

• (i) by reason of the construction or repair of the specified works or the failure thereof, or

• (ii) 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 construction or repair of the specified works;

and the undertaker shall indemnify the waterways board from and against all claims and demands arising out of, or in connection with, the construction or repair of the specified works or any such failure, act or omission as aforesaid.

• (b) Nothing in this paragraph shall impose any liability on the undertaker with respect to any damage, expense or loss which is attributable to the act, neglect or default of the waterways board or their servants, agents or contractors but the fact that any act or thing has been done by the waterways board 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 neglect or default on the part of the waterways board or of any person in their employ or of their contractors or agents) excuse the undertaker from any liability under this paragraph.

• (c) The waterways board shall give to the undertaker reasonable notice of any claim or demand under this paragraph and no settlement or compromise thereof shall be made without the prior consent of the undertaker.

• (18) Paragraph 3 of Schedule 10 below shall not apply in relation to a street under the control or management of, or maintainable by, the waterways board forming part of the canal.

Minerals

44

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

45

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

46

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;

• “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).

• (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 to 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)

• (a) 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.

• (b) 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 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 1994³³ 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

Disclosure of confidential information

47

A person who—

• (a) enters a factory, workshop or workplace in pursuance of the provisions of article 23 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.

48

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 public open space plans and the works 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

49

• (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 1978³⁴ 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

50

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

51

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

ASHTON-UNDER-LYNE EXTENSION

In the City of Manchester—

• Work No. 1 A tramroad 910 metres in length (double line) commencing by a junction with the existing light rapid transit system at the Sheffield Street portal of Piccadilly undercroft and running eastward across Sheffield Street, Portugal Street East, Fletcher Square, Fair Street and Longacre Street, under Great Ancoats Street, then alongside and to the north of Pollard Street across Boond Street and Munday Street before terminating at a point 7 metres west of the junction of Pollard Street with Carruthers Street.

• Work No. 1B A new highway (road) 230 metres in length diverting and replacing Sheffield Street.

• Work No. 1C A new highway (road) 38 metres in length diverting and replacing Baird Street at its junction with Sheffield Street.

• Work No. 1D A reinstatement of Longacre Street 168 metres in length.

• Work No. 1E A new pedestrian bridge over the Ashton Canal 18 metres in length.

• Work No. 1F A new highway (road) 42 metres in length replacing Munday Street.

• Work No. 1G A new highway (road) 112 metres in length replacing an access to the Victoria Industrial Estate off Pollard Street.

• Work No. 2 A street tramway 294 metres in length (double line) commencing by a junction with the termination of Work No. 1 and running eastward across the junction of Pollard Street with Carruthers Street and along Merrill Street before terminating at a point 7 metres east of the junction of Beswick Street and Merrill Street.

• Work No. 2A A new highway (road) 24 metres in length connecting Price Street with Every Street.

• Work No. 2B A new highway (road) 83 metres in length connecting Beswick Street with Work No. 2.

• Work No. 2C A new highway (road) 22 metres in length connecting Work No. 2B with the rear of the Mitchell Arms Public House.

• Work No. 3 A tramroad 137 metres in length (double line) commencing by a junction with the termination of Work No. 2 and running in an easterly direction before terminating along Holt Town at a point 40 metres east of the junction with Cavalier Street.

• Work No. 3A A new highway (road) 167 metres in length commencing at Cavalier Street and running south and east before terminating at a point 55 metres west of Cambrian Street viaduct.

• Work No. 4 A street tramway 121 metres in length (double line) commencing by a junction with the termination of Work No. 3 and running in a easterly direction before terminating at Cambrian Street viaduct.

• Work No. 5 A tramroad 1,257 metres in length (double line) commencing by a junction with the termination of Work No. 4 and running in an easterly direction under the Cambrian Street viaduct, over the River Medlock, under New Viaduct Street and the Ardwick Branch railway line, across Broming Street, alongside and to the south of the Ashton Canal, under Forge Lane, under Alan Turing Way, under Gibbon Street and then alongside to the south of Gibbon Street and Corbett Street, terminating 70 metres to the north of Ashton New Road.

• Work No. 5A A new highway (road) 73 metres in length connecting Upper Helena Street with the Holt Town Industrial Estate.

• Work No. 6 A tramroad 795 metres in length (double line) commencing by a junction with the termination of Work No. 5 and running in a southerly direction before turning east to cross Corbett Street then under the mineral railway viaduct, over the Ashton Canal, across Ashton New Road, across the western end of Croft Street, crossing Linfield Street and Clayton Lane terminating on the eastern side of that street 110 metres east of its junction with Ashton New Road.

• Work No. 6A A new cycle track 60 metres in length running from Linfield Street to Clayton Lane.

• Work No. 6B A new cycle track 65 metres in length running from Eccleshall Street to Ashton New Road.

In the City of Manchester and Borough of Tameside

• Work No. 7 A street tramway 1,073 metres in length (double line) commencing by a junction with Work No. 6 and running eastward along Ashton New Road and Manchester Road before terminating on the northern side of Manchester Road at a point 50 metres east of the junction of Manchester Road with Edge Lane. In the Borough of Tameside

• Work No. 8 A tramroad 110 metres in length (double line) commencing by a junction with Work No. 7 and running alongside and to the north of Manchester Road before terminating on the northern side of that road 15 metres to the west of the junction of Manchester Road with Cooper Street.

• Work No. 9 A street tramway 541 metres in length (double line) commencing by a junction with Work No. 8 and running eastward along Manchester Road before terminating on the southern side of that road 45 metres west of the junction of Manchester Road with John Street.

• Work No. 9A A new highway (road) 40 metres in length, connecting Kershaw Street with Manchester Road by the Jolly Carter Public House.

• Work No. 10 A tramroad 163 metres in length (double line) commencing by a junction with Work No. 9 and running alongside and to the south of Manchester Road before terminating on the southern side of that road 40 metres west of the junction of Manchester Road with Clegg Street.

• Work No. 11 A street tramway 551 metres in length (double line) commencing by a junction with Work No. 10 and running eastward along Manchester Road before terminating on the north east side of the junction of Manchester Road with Market Street and Ashton Road.

• Work No. 11A A new taxi standing area in front of Villemomble Square.

• Work No. 12 A tramroad 104 metres in length (double line) commencing by a junction with Work No. 11 and running alongside and to the north of Ashton Road across Henry Street before terminating on the northern side of Ashton Road 106 metres east of Market Street.

• Work No. 12A A new highway (road) 36 metres in length connecting Church Street to Pickmere Close.

• Work No. 13 A street tramway 808 metres in length (double line) commencing by a junction with Work No. 12 and running eastward along Ashton Road and Droylsden Road to a point on the eastern side of the junction of Lumb Lane with Droylsden Road.

• Work No. 14 A tramroad 119 metres in length commencing by a junction with Work No. 13 and running easterly and to the south of Droylsden Road before terminating at a point 50 metres west of the junction with Assheton Avenue.

• Work No. 15 A street tramway 123 metres in length commencing by a junction with Work No. 14 and running eastward along Droylsden Road and Manchester Road before terminating at a point 55 metres east of the junction of Droylsden Road and Assheton Avenue.

• Work No. 15A A new highway (road) 90 metres in length commencing at a junction with Work No. 15 and running north west to a junction with Assheton Avenue.

• Work No. 16 A tramroad 2,781 metres in length (double line) commencing by a junction with Work No. 15 and running east to the south of Windsor Drive, across Gainsborough Road then running north following the proposed route of Ashton Northern Relief Road, over the proposed M66 extension, over Robinson Lane, across Richmond Street, over the Ashton Moss South Junction railway lines, across Wellington Road and Oldham Road before terminating at a point 120 metres east of Oldham Road.

• Work No. 16A A footpath 136 metres in length commencing from a junction with Work No. 15A and terminating at a junction with Gainsborough Road.

• Work No. 16B A new highway (road) commencing at a point 35 metres south of a junction with Wellington Road and Cavendish Street and running eastward for 51 metres.

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	42, 43	Highway turning head.
	35, 36, 37	Highway realignment.
	40, 44, 45, 46	Highway widening of Little Holme Street and provision of turning head.
	49, 50, 51, 52, 53, 54, 90	Provide highway improvements.
	65	Highway improvement.
Borough of Tameside	155, 156	Highway narrowing.
	157, 159	Remove Bollards.
	158, 160	Remove Bollards.
	164 to 178	Highway improvement.
	205, 347	Highway improvement.
	287	Exchange land.
	292 to 309	Exchange land.
	345	Exchange land.
	246	School Access.
	261	Substation.
	266 to 275	Construction Site.
	286, 287, 288, 350	Highway improvements.
The reference letters and numbers are marked on the works plans.	The reference letters and numbers are marked on the works plans.
---	---
BRS	Banned turning movement
ES	Extension of street
FS	Footpath diversion
RS	Realignment of street
SS	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
NS	Narrowing of street
PB	Sheltered parking space
WE	Kerbline modification
m	Metres

SCHEDULE 3 — STREETS SUBJECT TO ALTERATION OF LAYOUT

(1)	(2)	(3)
Area	Street subject to alteration of layout	Description of alteration
City of Manchester	Baird Street	Road realigned between RS3 at junction with Sheffield Street and RS4.
	Baird Street	Extension of street to provide turning head between ES1 and ES2.
	Portugal Street East	Extension of street to provide turning head between ES3 and ES4.
	Pollard Street	Road narrowing to facilitate tramroad alignment between NS1 and NS2.
	Pollard Street	Closure of works access to Victoria Industrial Estate at WE1.
	Carruthers Street	Extension of street to provide turning head on eastern edge of Carruthers Street between ES5 and ES6.
	Pollard Street	Road narrowing between NS3 and NS4.
	Pollard Street	Sheltered parking bay to be provided along southern side of Pollard Street between PB1 and PB2.
	Carruthers Street	Road realigned between RS5, at junction with Pollard Street and Merrill Street, and RS6.
	Carruthers Street	Road narrowed from NS3A to NS4A.
	Merrill Street	Road widening from WS1 at junction with Carruthers Street to WS2.
	Merrill Street	Closure of access to car park for bank and public house at WE2.
	Little Holme Street	Road widening from WS3 at junction with Pollard Street to WS4.
	Merrill Street/Ashton New Road	Kerb line to be set back along northern edge of Merrill Street/Ashton New Road between WS5 and WS6.
	Merrill Street/Ashton New Road	Kerb line to be set back along southern edge of Merrill Street/Ashton New Road between WS7 and WS8.
	Branson Street	Kerb line to be set back between WS9 and WS10 on north and south sides at junction with Beswick Street.
	Beswick Street	Road realigned between RS7 and RS8.
	Branson Street	Kerb line to be set back between WS11 and WS12 on south side at junction with Cavalier Street.
	Cavalier Street	Kerb line to be extended between WS13 and WS14 on west side of Cavalier Street.
City of Manchester	Upper Helena Street	Extension of street to provide access to Holt Town Industrial Estate between ES7 and ES8.
	Corbett Street	Extension of street to provide turning head between ES9 and ES10.
	Corbett Street	Kerb line to be extended between WS15 and WS16 on east and west sides of Corbett Street.
	Croft Street	Extension of street to provide turning head between ES11 and ES12.
	Croft Street	Extension of street to provide turning head between ES13 and ES14.
	Ashton New Road	Road narrowing between NS5 and NS6.
	Ashton New Road	Sheltered parking bay to be provided along northern side of Ashton New Road between PB3 and PB4.
	Ashton New Road	Sheltered parking bay to be provided along southern side of Ashton New Road between PB5 and PB6.
	Ashton New Road	Sheltered parking bay to be provided along northern side of Ashton New Road between PB7 and PB8.
	Ashton New Road	Sheltered parking bay to be provided along northern side of Ashton New Road between PB9 and PB10.
	Ashton New Road	Sheltered parking bay to be provided along southern side of Ashton New Road between PB11 and PB12.
	Ashton New Road	Sheltered parking bay to be provided along northern side of Ashton New Road between PB13 and PB14.
	Ashton New Road	Sheltered parking bay to be provided along southern side of Ashton New Road between PB15 and PB16.
	Ashton New Road	Sheltered parking bay to be provided along northern side of Ashton New Road between PB17 and PB18.
	Ashton New Road	Sheltered parking bay to be provided along southern side of Ashton New Road between PB19 and PB20.
	Ashton New Road	Sheltered parking bay to be provided along northern side of Ashton New Road between PB21 and PB22.
	Ashton New Road	Sheltered parking bay to be provided along southern side of Ashton New Road between PB23 and PB24.
	Bailey Street	Extension of street between ES15 at junction with Howgill Street and ES16.
	Arbroath Street	Extension of street between ES17 at junction with Howgill Street and ES18.
Borough of Tameside	Manchester Road/Edge Lane	Kerb line to be set back along northern edge of Manchester Road/Edge Lane between WS17 and WS18.
	Charles Street	Extension of street between ES17A and ES18A.
	Manchester Road	Kerb line to be set back along southern side of Manchester Road/Edge Lane between WS19 and WS20.
	Manchester Road	Sheltered parking bay to be provided along southern side of Manchester Road between PB25 and PB26.
	Manor Road	Sheltered parking bay to be provided along northern side of Manor Road between PB27 and PB28.
	Manor Road	Sheltered parking bay to be provided along southern side of Manor Road between PB29 and PB30.
	Manor Road	Road realigned between RS11 and RS12.
	Manchester Road	Kerb line to be set back along northern edge of Manchester Road between WS21 and WS22.
	Manchester Road	Kerb line to be set back along southern edge of Manchester Road between WS23 and WS24.
	Manchester Road	Road narrowing between NS9 and NS10.
	Cooper Street	Kerb line to be set back along west side of Cooper Street between WS25 and WS26.
	Manor Road	Road narrowing between NS11 and NS12.
	Dawlish Avenue	Kerb line to be set back on the east side between WS27 and WS28.
	Windsor Road	Kerb line to be set back on the east side between WS29 and WS30.
	Eastwood Avenue	Kerb line to be set back between WS31 and WS32 on west side of junction with Manchester Road.
	Manchester Road	Road narrowing along north side between NS13 and NS14.
	Manchester Road	Road narrowing along south side between NS15 and NS16.
	Manchester Road	Sheltered parking bay to be provided along northern side of Manchester Road between PB31 and PB32.
	Manchester Road	Sheltered parking bay to be provided along southern side of Manchester Road between PB33 and PB34.
	Manchester Road	Sheltered parking bay to be provided along northern side of Manchester Road between PB35 and PB36.
	Manchester Road	Closure of access to Jolly Carter Public House at WE3.
Borough of Tameside	Manchester Road	Sheltered parking bay to be provided along southern side of Manchester Road between PB37 and PB38.
	Cemetery Road	Kerbline to be set back between WS33 and WS34 on east side of junction with Manchester Road.
	Manchester Road	Sheltered parking bay to be provided along northern side of Manchester Road between PB39 and PB40.
	Manchester Road	Sheltered parking bay to be provided along southern side of Manchester Road between PB41 and PB42.
	Manchester Road	Kerb line on south side to be set back between WS35 and WS36.
	Manchester Road	Kerb line to be set back between WS37 and WS38 on west side of junction with Market Street.
	Henry Street	Kerb line to be set back between WS41 and WS42 on east and west sides at junction with Church Street.
	Church Street	Extension of street between ES19 and ES20 to provide through route to Pickmere Close and car park for St Mary’s Church.
	Ashton Road	Road narrowing between NS17 and NS18.
	Ashton Road	Sheltered parking bay to be provided along northern side of Ashton Road between PB43 and PB44.
	Ashton Road	Kerb line to be set back between WS39 and WS40 on north side of Ashton Road.
	Ashton Road	Kerb line to be set back between WS43 and WS44 on north side of Ashton Road.
	Droylsden Road	Sheltered parking bay to be provided along northern side of Droylsden Road between PB45 and PB46.
	Droylsden Road	Sheltered parking bay to be provided along southern side of Droylsden Road between PB47 and PB48.
	Droylsden Road	Sheltered parking bay to be provided along northern side of Droylsden Road between PB49 and PB50.
	Droylsden Road	Sheltered parking bay to be provided along southern side of Droylsden Road between PB51 and PB52.
	Droylsden Road	Road narrowing between NS19 and NS20.
	Droylsden Road	Kerb line to be set back along north side of Droylsden Road between WS45 and WS46.
	Lumb Lane	Kerb line to be set back between WS47 and WS48 on east side of junction with Droylsden Road.
Borough of Tameside	Lumb Lane	Road realigned between RS13 and RS14.
	Droylsden Road	Sheltered parking bay to be provided along northern side of Droylsden Road between PB53 and PB54.
	Droylsden Road	Closure of access to Assheton Avenue at WE3A.
	Snipe Gyratory	Road narrowed between NS21 and NS22.
	Droylsden Road	Road narrowed between NS23 and NS24.
	Ashton Old Road	Road narrowed between NS25 and NS26.
	Manchester Road/Droylsden Road	Kerbline to be set back along north side of Manchester Road/Droylsden Road between WS49 and WS50.
	Wellington Road	Closure of private access to rear of properties between 107 and 109 Wellington Road at WE4.

SCHEDULE 4 — STREETS TO BE STOPPED UP OR TO HAVE VEHICULAR RIGHTS EXTINGUISHED

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	Sheffield Street	Between SS1 and SS2	Work No. 1B between SU1 and SU2.
	Munday Street	Between SS7 and SS8 at entry to Pollard Street	Work No. 1F between SU3 and SU4.
	Frost Street	Between SS17 at entry to Merrill Street and SS18 at entry to Beswick Street	Work No. 2B between SU9 and SU10.
	Holt Town	Between SS19 and SS20 at entry to Ashton New Road	Work No. 3A between SU11 and SU12.
	Holt Town	Between SS25 and SS26 at entry to Holt Town Industrial Estate	Work No. 5A between ES7 and ES8.
Borough of Tameside	John Street	Between SS35 and SS36 at entry to Manchester Road	Work No. 9A between SU13 and SU14.

PART II — STREETS OVER WHICH VEHICULAR RIGHTS ONLY ARE TO BE EXTINGUISHED

(1)	(2)	(3)
Area	Street affected	Extent of stopping up
City of Manchester	Baird Street/Portugal Street East	Between VS1 and VS2.
	Price Street	Between VS3 and VS4.
	Holt Town	Between VS9 and VS10 at entry to Cavalier Street.
	Corbett Street	Between VS9A and VS10A at entry to Ashton New Road.
	Croft Street	Between VS11 and VS12.
	Linfield Street	Between VS13 and VS14 at entry to Croft Street.
	Eccleshall Street	Between VS15 at entry to Clayton Lane and VS16.
	Howgill Street	Between VS19 and VS20 at entry to Manchester Road.
Borough of Tameside	Charles Street	Between VS21 and VS22 at entry to Manchester Road.
	Assheton Avenue	Between VS23 and VS24 at entry to Droylsden Road.

PART III — STREETS FOR WHICH NO SUBSTITUTE WILL BE PROVIDED

(1)	(2)	(3)
Area	Street affected	Extent of stopping up
City of Manchester	Fletcher Square	Between SS1A and SS2A at entry to Longacre Street.
	Fair Street	Between SS3 and SS4 at entry to Longacre Street and Chapeltown Street.
	Boond Street	Between SS5 and SS6 at entry to Depot Yard.
	Carruthers Street	Between SS11 and SS12 at entry to Merrill Street/Pollard Street.
	Teer Street	Between SS21 and SS22 at entry to Holt Town.
	Pump Street	Between SS23 and SS24 at entry to Holt Town.
	Linfield Street	Between SS29 and SS30.
Borough of Tameside	Sidebottom Street	Between SS37 and SS38 at entry to Manchester Road.
	Henry Street	Between SS39 and SS40 at entry to Ashton Road.

SCHEDULE 5 — STREETS TO BE TEMPORARILY STOPPED UP

(1)	(2)	(3)
Area	Street affected	Extent of stopping up
City of Manchester	Longacre Street	Between TS1 and TS2 at junction with Chapeltown Street.
	Gibbon Street	Between TS3 and TS4 at junction with Alan Turing Way.
Borough of Tameside	Gainsborough Road	Between TS5 and TS6 at junction with Manchester Road.

SCHEDULE 6 — LEVEL CROSSINGS

PART I — TRAMROAD LEVEL CROSSINGS

(1)	(2)
Area	Highway to be crossed on the level
City of Manchester	Sheffield Street/Work No. 1B
	Portugal Street East
	Work No. 1F
	Work No. 3A
	Corbett Street
	Ashton New Road
	Croft Street
	Clayton Lane
Borough of Tameside	Gainsborough Road
	Temporary access road to the rear of The Snipe Public House
	Access road at rear of The Snipe Public House
	Moss Lodge Lane
	Moss Lane
	Richmond Street
	Cavendish Street
	Oldham Road

PART II — TRAMWAY LEVEL CROSSINGS

(1)	(2)
Area	Highway to be crossed on the level
City of Manchester	Work No. 2B/Every Street
Borough of Tameside	Edge Lane
	Davenport Street/Buxton Lane
	Cemetery Road/Clegg Street
	Market Street
	Kershaw Lane
	Lumb Lane
	Snipe Gyratory
	Manchester Road (Eastbound Carriageway)

SCHEDULE 7 — 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 1973³⁵ 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) (Ashton-under-Lyne Extension) Order 1998 (“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 8 — 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 Manchester	133	Work site	Work No. 6.
Borough of Tameside	230	Work site	Works Nos. 10 and 11.

SCHEDULE 9 — TRAFFIC REGULATION ORDERS

PART I — PROHIBITION OF WAITING AND LOADING/UNLOADING