The Nottingham Express Transit System Order 2009

• (a) any house or garden belonging to a house; or

• (b) any building (other than a house) if it is for the time being occupied.

• (3) Not less than 28 days before entering upon and taking temporary possession of land under this article the promoter shall serve notice of the intended entry on the owners and occupiers of the land.

• (4) The promoter may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.

• (5) Before giving up possession of land of which temporary possession has been taken under this article, the promoter shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

• (6) The promoter shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

• (7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.

• (8) Without affecting article 81 (no double recovery), nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).

• (9) Where the promoter takes possession of land under this article, it shall not be required to acquire the land or any interest in it.

• (10) The powers of this article shall not be exercised in relation to any street without the consent of the street authority, which shall not be unreasonably withheld.

• (11) Section 13 of the 1965 Act shall apply to the temporary use of land pursuant to this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 30(1) (application of Part 1 of the Compulsory Purchase Act 1965).

• (12) In this article “the maintenance period”, in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for public use.

Compensation

Disregard of certain interests and improvements

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• (1) In assessing the compensation (if any) payable to any person on the acquisition from that person of any land or interest in land under this Order, the tribunal shall not take into account—

• (a) any interest in land; or

• (b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

• (2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

Set-off for enhancement in value of retained land

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• (1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal shall set-off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity, which will accrue to that person by reason of the construction of the authorised works.

• (2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 32 (power to acquire new rights), the tribunal shall set-off against the value of the rights so acquired—

• (a) any increase in the value of the land over which the new rights are acquired; and

• (b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised works.

• (3) The 1961 Act shall have effect, subject to paragraphs (1) and (2), as if this Order were a local enactment for the purposes of that Act.

Supplementary

Acquisition of part of certain properties

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• (1) This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 30 (application of Part 1 of the Compulsory Purchase Act 1965)) in any case where—

• (a) a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and

• (b) a copy of this article is served on the owner with the notice to treat.

• (2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the promoter a counter-notice objecting to the sale of the land subject to the notice to treat and stating that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).

• (3) If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.

• (4) If such a counter-notice is served within that period, the question of whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the promoter agrees to take the land subject to the counter-notice, be referred to the tribunal.

• (5) If on such a reference the tribunal determine that the land subject to the notice to treat can be taken—

• (a) without material detriment to the remainder of the land subject to the counter-notice; or

• (b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the owner shall be required to sell the land subject to the notice to treat.

• (6) If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken—

• (a) without material detriment to the remainder of the land subject to the counter-notice; or

• (b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the notice to treat shall be deemed to be a notice to treat for that part.

• (7) If on such a reference the tribunal determine that—

• (a) the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but

• (b) the material detriment is confined to a part of the land subject to the counter-notice,

the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the promoter is authorised to acquire compulsorily under this Order.

• (8) If the promoter agrees to take the land subject to the counter-notice, or if the tribunal determine that—

• (a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and

• (b) the material detriment is not confined to a part of the land subject to the counter-notice,

the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the promoter is authorised to acquire compulsorily under this Order.

• (9) In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the promoter may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, if it does so, shall pay to the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.

• (10) Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, the promoter shall pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.

Extinction or suspension of private rights of way

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• (1) Subject to the provisions of this article, all private rights of way over land subject to compulsory acquisition under this Order shall be extinguished—

• (a) as from the date of acquisition of the land by the promoter, whether compulsorily or by agreement; or

• (b) on the date of entry on the land by the promoter under section 11(1) of the 1965 Act,

whichever is sooner.

• (2) Subject to the provisions of this article, all private rights of way over land owned by the promoter which is within the permanent limits and is required for the purposes of this Order, shall be extinguished on the appropriation of the land for any of those purposes by the promoter.

• (3) Subject to the provisions of this article, all private rights of way over land of which the promoter takes temporary possession under this Order shall be suspended and unenforceable for as long as the promoter remains in lawful possession of the land.

• (4) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

• (5) This article does not apply in relation to any right of way to which section 271 or 272 of the 1990 Act (extinguishment of rights of statutory undertakers, etc.) or paragraph 2 of Schedule 11 (provisions relating to statutory undertakers, etc.) applies.

• (6) Paragraphs (1), (2) and (3) shall have effect subject to—

• (a) any notice given by the promoter before the completion of the acquisition of the land, the promoter’s appropriation of it, the promoter’s entry onto it or the promoter’s taking temporary possession of it, as the case may be, that any or all of those paragraphs shall not apply to any right of way specified in the notice; and

• (b) any agreement made (whether before or after any of the events mentioned in sub-paragraph (a) and before or after the coming into force of this Order) between the promoter and the person in or to whom the right of way in question is vested or belongs.

• (7) If any such agreement as is referred to in paragraph (6)(b) which is made with a person in or to whom the right of way is vested or belongs is expressed to have effect also for the benefit of those deriving title from or under that person, it shall be effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Open space in the City of Nottingham

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• (1) The City open space shall not vest in the promoter until the promoter has acquired the City exchange land and, upon a request made by the promoter, the City Council has certified that a scheme for the provision of the City exchange land as open space has been implemented to its satisfaction.

• (2) Upon the requirements of paragraph (1) being satisfied, the City exchange land shall vest in the City Council subject to the like rights, trusts and incidents as attached to the City open space and, on the vesting of the City exchange land, the City open space shall be discharged from all rights, trusts and incidents to which it was previously subject.

• (3) In this article—

• (a) “the City exchange land” means the land in the City numbered 726, 727 and 728 on the works and land plans and coloured green on the open space and exchange land plans; and

• (b) “the City open space” means the open space comprised in the land in the City shown numbered 716, 724 and 725 on the works and land plans and coloured red on the open space and exchange land plans.

Open space in the Borough of Broxtowe

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• (1) The Broxtowe open space and the County open space shall not vest in the promoter until the promoter has acquired the Broxtowe exchange land and, upon a request made by the promoter, Broxtowe Borough Council has certified that a scheme for the provision of the Broxtowe exchange land as open space has been implemented to its satisfaction.

• (2) Upon the requirements of paragraph (1) being satisfied, the Broxtowe exchange land shall vest in the County Council subject to the like rights, trusts and incidents as attached to the Broxtowe open space and the County open space and, on the vesting of the Broxtowe exchange land, the Broxtowe open space and the County open space shall each be discharged from all rights, trusts and incidents to which they were previously subject.

• (3) In this article—

• (a) “the Broxtowe exchange land” means the land in the Borough of Broxtowe shown numbered 14 on the works and land plans and hatched green on the open space and exchange land plans;

• (b) “the Broxtowe open space” means the open space comprised in land in the Borough of Broxtowe shown numbered 26, 32, 33, 37, 42, 66, 262, 504, 507, 510 and 511 on the works and land plans and hatched red on the open space and exchange land plans; and

• (c) “the County open space” means the open space comprised in land in the Borough of Broxtowe shown numbered 67 on the works and land plans and hatched blue on the open space and exchange land plans.

Open space in the Borough of Rushcliffe

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• (1) The Rushcliffe open space shall not vest in the promoter until the promoter has acquired the Rushcliffe exchange land and, upon a request made by the promoter, Rushcliffe Borough Council has certified that—

• (a) the Rushcliffe exchange land is no less in area than the Rushcliffe open space; and

• (b) a scheme for the provision of the Rushcliffe exchange land as open space has been implemented to its satisfaction.

• (2) Upon the requirements of paragraph (1) being satisfied, the Rushcliffe exchange land shall vest in Rushcliffe Borough Council subject to the like rights, trusts and incidents as attached to the Rushcliffe open space and, on the vesting of the Rushcliffe exchange land, the Rushcliffe open space shall be discharged from all rights, trusts and incidents to which it was previously subject.

• (3) In this article—

• (a) “the operational land” means so much of the land shown numbered 1142 on the works and land plans as is required for the operation, maintenance and use of the authorised tramway following the completion of the construction of Work No.15;

• (b) “the Rushcliffe exchange land” means the land shown numbered 1140, 1141, 1142, 1143, 1144 and 1145 on the works and land plans and cross-hatched green on the open space and exchange land plans, with the exclusion of the operational land; and

• (c) “the Rushcliffe open space” means the open space comprised in land in the Borough of Rushcliffe shown numbered 1042 on the works and land plans and cross-hatched red on the open space and exchange land plans.

Time limit for exercise of powers of acquisition

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• (1) After the end of the period of 5 years beginning with the day on which this Order comes into force—

• (a) no notice to treat shall be served under Part 1 of the 1965 Act, as applied to the acquisition of land by article 30 (application of Part 1 of the Compulsory Purchase Act 1965); and

• (b) no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by article 31 (application of Compulsory Purchase (Vesting Declarations) Act 1981).

• (2) The power conferred by article 36 (temporary use of land for construction of works) to enter upon and take temporary possession of land shall cease at the end of the period mentioned in paragraph (1); but this paragraph shall not prevent the promoter from remaining in possession of land in accordance with article 36 after the end of that period, if the land was entered and possession of it was taken before the end of that period.

PART 4 — OPERATION OF THE AUTHORISED TRAMWAY

Power to operate and use authorised tramway

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• (1) The promoter may operate and use the authorised tramway and the other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.

• (2) Subject to paragraph (4) and article 55 (powers of disposal, agreements for operation, etc.), the promoter shall, for the purpose of operating the authorised tramway, have the exclusive right—

• (a) to use the rails, foundations, cables, masts, overhead wires and other apparatus used for operation of the authorised tramway; and

• (b) to occupy any part of the street in which that apparatus is situated.

• (3) Any person who, without the consent of the promoter or other reasonable excuse, uses the apparatus mentioned in paragraph (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) Nothing in this article shall restrict the exercise of any public right of way over any part of a street in which apparatus is situated in pursuance of the provisions of this Order except to the extent that the exercise of the right is constrained by the presence of the apparatus.

• (5) The authorised tramway and the other authorised works may be operated and used under the powers conferred by this article regardless of anything contained in or done pursuant to section 53 of the Nottingham Inclosure Act, or Part 1 of, or Schedule 2 to, the Commons Act 2006³⁴.

Power to charge fares

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• (1) The promoter may demand, take and recover or waive such charges for carrying passengers or goods on the authorised tramway, or for any other services or facilities provided in connection with the authorised tramway, as it thinks fit.

• (2) The promoter may enter into and carry into effect agreements with other persons providing public passenger transport services with regard to the issue of tickets and the making of through ticketing arrangements or for the purpose of generally co-ordinating the provision of those services with the operation of the authorised tramway.

• (3) In this article “public passenger transport service” has the meaning given by section 63(10)(a) of the Transport Act 1985³⁵.

Removal of obstructions

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• (1) If any obstruction is caused to tramcars using the authorised tramway by a vehicle waiting, loading, unloading or breaking down on any part of the tramway, the person in charge of the vehicle shall forthwith remove it; and if that person fails to do so the promoter may take all reasonable steps to remove the obstruction and may recover the expenses reasonably incurred in doing so from—

• (a) any person by whom the vehicle was put or left so as to become an obstruction to tramcars; or

• (b) any person who was the owner of the vehicle at that time unless that person shows that, at that time, the person was not concerned in or aware of the vehicle being so put or left.

• (2) If any obstruction is caused to tramcars using the authorised tramway by a load falling on the tramway from a vehicle, the person in charge of the vehicle shall forthwith remove the load from the tramway; and if that person fails to do so, the promoter may take all reasonable steps to remove the load and may recover the expenses reasonably incurred in doing so from—

• (a) any person who was in charge of the vehicle at the time when the load fell from it; or

• (b) any person who was the owner of the vehicle at that time unless that person shows that, at that time, the person was not concerned in, or aware of, the vehicle being in the place at which the load fell from it.

• (3) For the purposes of this article the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and in determining for those purposes who was the owner of the vehicle at any time, it shall be presumed (unless the contrary appears) that the owner was the person in whose name the vehicle was at that time registered under the Vehicles Excise and Registration Act 1994³⁶.

• (4) A person who, wilfully and without lawful excuse—

• (a) interferes with or removes the authorised tramway or any part of the authorised tramway or the works connected with it;

• (b) places or throws materials or objects of any kind on any part of the authorised tramway; or

• (c) does anything which obstructs any tramcar using the authorised tramway, whether or not such obstruction endangers the lives of any person in the tramcar,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Traffic signs

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• (1) The promoter may, for the purposes of, or in connection with the construction or operation of, the authorised tramway, place or maintain traffic signs of a type prescribed by regulations made under section 64(1)(a) of the 1984 Act or of a character authorised by the Secretary of State on any street in which the authorised tramway is laid or which gives access to such a street, or on any street in connection with any instrument made under article 50 (traffic regulation) or any other street as reasonably required for conveying information to traffic.

• (2) The promoter—

• (a) shall consult with the traffic authority as to the placing of signs; and

• (b) unless the traffic authority is unwilling to do so and subject to any directions given under section 65 of the 1984 Act, shall enter into arrangements with the traffic authority for the signs to be placed and maintained by the traffic authority.

• (3) Any power conferred by section 65 of the 1984 Act to give directions to a traffic authority or local traffic authority as to traffic signs shall include a power to give directions to the promoter as to traffic signs under this article; and, accordingly, the powers conferred by paragraph (1) shall be exercisable subject to and in conformity with any directions given under that section.

• (4) A traffic authority or other authority having power under or by virtue of the 1984 Act to place and maintain, or cause to be placed and maintained, traffic signs on any street in which the authorised tramway is laid or which gives access to such a street shall consult with the promoter as to the placing of any traffic sign which would affect the operation of the authorised tramway.

• (5) Tramcars shall be taken to be public service vehicles for the purposes of section 122(2)(c) of the 1984 Act.

• (6) Expressions used in this article and in the 1984 Act shall have the same meaning in this article as in that Act.

Traffic regulation

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• (1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent shall not be unreasonably withheld, the promoter may, for the purposes of the authorised tramway—

• (a) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles in the manner specified in Part 1 of Schedule 10 (traffic regulation) on those roads specified in column (2) and along the lengths and between the points specified in column (3) of that Part of that Schedule;

• (b) authorise the use as a parking place in the manner specified in Part 2 of Schedule 10 of those roads specified in column (2) and along the lengths, between the points and to the extent specified in column (3) of that Part of that Schedule;

• (c) make provision as to the direction of vehicular traffic in the manner specified in Part 3 of Schedule 10 on the roads specified in column (2) and along the lengths, between the points and as respects direction to the extent specified in column (3) of that Part of that Schedule; and

• (d) permit or prohibit vehicular access in the manner specified in Part 4 of Schedule 10 to those roads specified in column (2) and along the lengths, between the points and as respects direction to the extent specified in column (3) of that Part of that Schedule.

• (2) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, which consent shall not be unreasonably withheld, the promoter may, in so far as may be necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance or operation of the authorised tramway—

• (a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

• (b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

• (c) authorise the use as a parking place of any road;

• (d) make provision as to the direction or priority of vehicular traffic on any road; and

• (e) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the promoter.

• (3) The powers conferred by paragraphs (1) and (2) may be exercised at any time prior to the expiry of 12 months from the opening of the authorised tramway for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (1) or (2) may have effect both before and after the expiry of that period.

• (4) The promoter shall consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).

• (5) The promoter shall not exercise the powers conferred by paragraph (1) or (2) unless it has—

• (a) given not less than—

• (i) 12 weeks' notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

• (ii) 4 weeks' notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated; and

• (b) advertised its intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the promoter’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the promoter’s intention in the case of sub-paragraph (a)(ii).

• (6) Any prohibition, restriction or other provision made by the promoter under paragraph (1) or (2) shall—

• (a) have effect as if duly made by, as the case may be—

• (i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

• (ii) the local authority in whose area the road is situated, as an order under section 32 of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 10) to which the prohibition, restriction or other provision is subject; and

• (b) be deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004³⁷ (road traffic contraventions subject to civil enforcement).

• (7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the promoter from time to time by subsequent exercise of the powers of paragraph (2) within a period of 24 months from the opening of the authorised tramway for public use.

• (8) Before exercising the powers of paragraph (2) the promoter shall consult such persons as it considers necessary and appropriate and shall take into consideration any representations made to it by any such person.

• (9) Expressions used in this article and in the 1984 Act shall have the same meaning in this article as in that Act.

• (10) The powers conferred on the promoter by this article with respect to any road shall have effect subject to any agreement entered into by the promoter with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

Power to lop trees overhanging authorised tramway

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• (1) The promoter may fell or lop any tree or shrub near any part of the authorised tramway, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

• (a) from obstructing or interfering with the construction, maintenance or operation of the authorised tramway or any apparatus used for the purposes of the authorised tramway; or

• (b) from constituting a danger to passengers or other persons using the authorised tramway.

• (2) In exercising the powers in paragraph (1), the promoter shall do no unnecessary damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising from the exercise of those powers.

• (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.

Trespass on the authorised tramroad

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• (1) Any person who—

• (a) trespasses on the authorised tramroad; or

• (b) trespasses upon any land of the promoter in dangerous proximity to the authorised tramroad or to any electrical or other apparatus used for or in connection with the operation of the authorised tramroad,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) No person shall be convicted of an offence under this article unless it is shown that a notice warning the public not to trespass upon the authorised tramroad was clearly exhibited and maintained at the stop on the authorised tramway nearest the place where the offence is alleged to have been committed.

Power to make byelaws

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• (1) The promoter may make byelaws regulating—

• (a) the use and operation of, and travel on, the authorised tramway;

• (b) the maintenance of safety and order on the authorised tramway, on any street along which the authorised tramway is laid and on tramway premises or other facilities provided in connection with the authorised tramway, where necessary to ensure the safe operation and use of the authorised tramway; and

• (c) the conduct of all persons, including employees of the promoter, while on the authorised tramway or on tramway premises, or which could affect the safe operation and use of the authorised tramway.

• (2) In particular, byelaws made under this article may make provision—

• (a) with respect to tickets issued for travel on the authorised tramway (in whatever form), the payment of fares and charges and the evasion of payment of fares and charges;

• (b) with respect to interference with, or obstruction of, the operation of the authorised tramway or other facilities provided in connection with the authorised tramway;

• (c) with respect to access to and the carriage, use or consumption of anything on tramway premises;

• (d) with respect to the prevention of nuisances on tramway premises;

• (e) for regulating the passage of bicycles and other vehicles on ways and other places intended for the use of persons on foot within tramway premises;

• (f) for the safe custody and re-delivery or disposal of any property accidentally left on tramway premises and for fixing the charges made in respect of any such property;

• (g) for prohibiting or restricting the placing or leaving of any vehicle without its driver on any part of the authorised tramway or on tramway premises; and

• (h) for regulating (but not requiring) the maintenance of, or the carrying out of works to, the facades of buildings to which any equipment has been attached pursuant to article 19 (attachment of equipment to buildings), or which front onto the authorised tramway, where necessary to ensure the safe operation and use of the authorised tramway.

• (3) Byelaws made under this article may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) Without affecting the taking of proceedings for an offence included in byelaws by virtue of paragraph (3), if the contravention of, or failure to comply with, any byelaw made under this article is attended with danger or annoyance to the public, or hindrance to the promoter in the operation of the authorised tramway, the promoter may summarily take action to obviate or remove the danger, annoyance or hindrance.

• (5) Byelaws made under this article shall not come into operation until they have been confirmed by the Secretary of State.

• (6) At least 28 days before applying for any byelaws to be confirmed under this article, the promoter shall publish in such manner as may be approved by the Secretary of State a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the times during which a copy of the byelaws will be open to public inspection; and any person affected by any of the byelaws may make representations on them to the Secretary of State within a period specified in the notice, being a period of not less than 28 days.

• (7) For at least 24 days before an application is made under this article for byelaws to be confirmed, a copy of the byelaws shall—

• (a) be kept at the principal office of the promoter and shall at all reasonable hours be open to public inspection without payment; and

• (b) be made available on the promoter’s website (if any).

• (8) The promoter shall, at the request of any person, supply that person with a copy of any such byelaws on payment of such reasonable sum as the promoter may determine.

• (9) The Secretary of State may confirm with or without modification, or may refuse to confirm, any of the byelaws submitted under this article for confirmation and, as regards any byelaws so confirmed, may fix a date on which the byelaws shall come into operation; and if no date is so fixed the byelaws shall come into operation after the expiry of 28 days after the date on which they were confirmed.

• (10) The Secretary of State may charge the promoter such fees in respect of any byelaws submitted for confirmation under this article as the Secretary of State may consider appropriate for the purposes of defraying any administrative expenses incurred in connection with the confirmation of those byelaws.

• (11) A copy of any byelaws when confirmed shall be printed and deposited at the principal office of the promoter and shall at all reasonable hours be open to public inspection without payment, and the promoter shall, at the request of any person, supply that person with a copy of any such byelaws on payment of such reasonable sum as the promoter shall determine.

• (12) The production of a printed copy of any byelaws made under this article on which is endorsed a certificate purporting to be signed by a person duly authorised by the promoter stating—

• (a) that the byelaws were made by the promoter;

• (b) that the copy is a true copy of the byelaws;

• (c) that on a specified date the byelaws were confirmed by the Secretary of State; and

• (d) the date when the byelaws came into operation,

shall be rebuttable evidence of the facts stated in the certificate.

• (13) From the beginning of the day on which, pursuant to article 83(2) (repeals of the 1994 Act), the enactments within the 1994 Act specified in Part 2 of Schedule 15 (repeals of the 1994 Act) are repealed, and despite the repeal of section 62 of the 1994 Act by that article, the byelaws then applying to Line One and made under that section shall continue to apply to Line One until such time as they are revoked or amended by byelaws made by the promoter under this article.

• (14) From the beginning of the day on which the authorised works are first brought into public use, the byelaws then applying to Line One by virtue of paragraph (13) shall be deemed to apply to the authorised tramway as well as to Line One, as if they had been made under this article and they shall continue to apply to the authorised tramway until such time as they are revoked or amended by byelaws made by the promoter under this article.

Power to contract for police services

54

• (1) The promoter may enter into any agreement with a police authority and its chief officer for the police force maintained by that authority to provide policing services for or in connection with the authorised tramway, including at any tramway premises.

• (2) Any such agreement may provide for—

• (a) the promoter to make such payment or other consideration for those policing services as the parties may agree; and

• (b) such incidental and ancillary matters as the parties consider appropriate.

• (3) In this article—

• (a) “chief officer” means a chief officer of police within the meaning of the Police Act 1996³⁸ or the Chief Constable of the British Transport Police Force; and

• (b) “police authority” means a police authority within the meaning of that Act or the British Transport Police Authority within the meaning of the Railways and Transport Safety Act 2003³⁹.

Powers of disposal, agreements for operation, etc.

55

• (1) The promoter may, with the consent of the Secretary of State, enter into agreements—

• (a) to transfer, charge or otherwise dispose of to another person (“the transferee”) any interest of the promoter in the authorised works or the promoter’s right to construct, maintain, use or operate the authorised works; or

• (b) to grant to another person (“the lessee”) for a period agreed between the promoter and the lessee any interest of the promoter in the authorised works or the promoter’s right to construct, maintain, use or operate the authorised works; and

• (c) that are connected with or consequential on any agreement entered into under sub-paragraph (a) or (b).

• (2) Any agreement referred to in paragraph (1) may provide—

• (a) for any matters that are connected with the matters referred to in that paragraph or are consequential on them;

• (b) for the financing or defraying of, or the making of contributions by the promoter or by any other person towards, the cost of constructing, maintaining, using or operating the authorised works; and

• (c) for the transferee, the lessee or any other person to exercise, enjoy or be responsible for any related functions of the promoter, including its functions comprised in this Order, either exclusively or concurrently with the promoter or any other person.

• (3) Where an agreement has been made under paragraph (1), references in this Order to the promoter shall include references to the transferee, the lessee or any other person who may exercise, enjoy or be responsible for any related functions of the promoter pursuant to that agreement.

• (4) The exercise of the powers conferred by any enactment by any person in pursuance of any agreement made under paragraph (1) shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the promoter.

• (5) The promoter may provide to any person in any agreement made under paragraph (1), or in connection with or in consequence of any such agreement, or otherwise in connection with the design, construction, financing, maintenance, use or operation of the authorised works, such guarantees, indemnities or other forms of security as it considers to be necessary or appropriate.

• (6) In this article—

• (a) “functions” means statutory and other powers, duties, rights, interests and obligations; and

• (b) references to the authorised works shall be read as including references to any land held in connection with the authorised works.

Application of landlord and tenant law

56

• (1) This article applies to—

• (a) any agreement for leasing to any person the whole or any part of the authorised tramway or the right to operate the same, and

• (b) any agreement entered into by the promoter with any person for the construction, maintenance, use or operation of the authorised tramway, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

• (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants shall affect the operation of any agreement to which this article applies.

• (3) Accordingly no such enactment or rule of law shall apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

• (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

• (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

• (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Tramcars deemed public service vehicles

57

• (1) On such day as may be appointed under paragraph (2), regulations made, or having effect as if made, under section 24, 25 or 60(1)(j) or (k) of the Public Passenger Vehicles Act 1981⁴⁰ shall have effect as if the tramcars used on the authorised tramway for the carriage of passengers were public service vehicles used in the provision of a local service within the meaning of the Transport Act 1985⁴¹.

• (2) The promoter may by resolution appoint a day for the purpose of any regulation mentioned in paragraph (1), the day so appointed being fixed in accordance with paragraph (3).

• (3) The promoter shall publish in a newspaper circulating in its area, notice—

• (a) of the passing of any such resolution and of the day fixed by the resolution; and

• (b) of the general effect of the enactments for the purposes of which the day has been fixed,

and the day so fixed shall not be earlier than the expiration of 28 days from the date of the publication of the notice.

• (4) A photostatic or other reproduction certified by a person duly authorised by the promoter to be a true reproduction of a page, or part of a page, of any newspaper bearing the date of its publication and containing the notice mentioned in paragraph (3) shall be evidence of the publication of the notice and of the date of publication.

Substitute road services

58

• (1) The promoter may provide or secure the provision by other persons of services for the carriage of passengers by road (“substitute services”) where the authorised tramway has been temporarily interrupted, curtailed or discontinued.

• (2) The route, frequency and stopping places of any substitute service need not correspond with the route of the interrupted, curtailed or discontinued service.

• (3) Section 6 of the Transport Act 1985 shall not apply to any substitute services.

PART 5 — PENALTY FARES

Interpretation of Part 5

59

• (1) In this Part unless the context otherwise requires—

• “authorised person” means, in relation to any purpose, a person authorised for that purpose by the promoter;

• “fare ticket” means a ticket authorising the person in respect of whom it is issued to travel on a tramcar;

• “general travel authority” means any permit, other than a fare ticket, authorising the person in respect of whom it is issued to travel on a tramcar;

• “passenger” means a person travelling on a tramcar;

• “penalty fare” means a penalty fare payable pursuant to article 61 (penalty fares);

• “the penalty fare provisions” means articles 61 (penalty fares) to 66 (exclusion of double liability); and

• “tramway stop” means a station or other regular stopping place on the authorised tramway at which passengers may get on or off tramcars.

• (2) Any reference in this Part to a passenger producing a fare ticket or general travel authority on being required to do so by an authorised person is a reference to producing, when so required, a fare ticket or general travel authority which, either by itself or together with any other document produced by the passenger at the same time, is valid for the journey made by the passenger.

• (3) For the purposes of paragraph (2), a passenger who is on a tramcar shall be taken to have made a journey ending at the next scheduled tramway stop.

Operation of Part 5

60

• (1) The penalty fare provisions shall have effect in relation to travel on any tramcar on and after such day as the Secretary of State may specify.

• (2) On the application of the promoter, or if the Secretary of State considers on reasonable grounds that the promoter is not complying with the requirements of this Part, the Secretary of State may provide that the penalty fare provisions shall cease to have effect on and after such day as the Secretary of State may specify.

• (3) Paragraph (2) does not affect the power of the Secretary of State to specify further days on and after which the penalty fare provisions shall have effect.

• (4) Any day specified by the Secretary of State for the purposes of paragraph (1) or (2) shall be published in a newspaper circulating in the promoter’s area not later than one week before that date.

• (5) No day may be specified under paragraph (1) except at the request of the promoter.

Penalty fares

61

• (1) If a passenger, on being required to do so by an authorised person, fails to produce a fare ticket or a general travel authority, the passenger shall be liable to pay a penalty fare if required to do so by an authorised person.

• (2) A passenger shall not be liable to pay a penalty fare if, at any time when fare tickets are generally made available for sale at tramway stops or on tramcars, there were no facilities for the sale of the necessary ticket for the passenger’s journey at the tramway stop where, and the time when, the passenger boarded the tramcar, or on the tramcar.

• (3) Paragraphs (4) and (5) have effect with respect to the burden of proof, in any action for the recovery of a penalty fare under this article, so far as concerns the question whether the facts of the case fall within paragraph (2).

• (4) In any case where the passenger has provided the authorised person with a relevant statement in due time it shall be for the authorised person to show that the facts of the case do not fall within paragraph (2), and in any other case it shall be for the passenger to show that the facts of the case fall within that provision.

• (5) For the purposes of paragraph (4)—

• (a) a relevant statement is a statement giving an explanation of the passenger’s failure to produce a fare ticket or general travel authority, together with any information as to the passenger’s journey relevant to that explanation (including, in every case, an indication of the tramway stop where the passenger boarded the tramcar); and

• (b) a statement is provided in due time if it is provided when the passenger is required to produce a fare ticket or general travel authority, or at any later time before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed.

Amount of penalty fare

62

• (1) Subject to paragraph (2), a penalty fare shall be £20 and shall be payable to the promoter before the expiration of the period of 21 days beginning with the day following the day on which the journey in respect of which it is payable is completed.

• (2) The promoter may from time to time vary the amount of the penalty fare provided that—

• (a) the consent of the Secretary of State is obtained in writing to such a variation; and

• (b) a notice stating the amount of the penalty fare as so varied is published in a newspaper circulating in the promoter’s area not later than 28 days before the day on which the penalty fare, as so varied, is to take effect.

Document to be issued in connection with penalty fare requirement

63

• (1) An authorised person who requires a passenger to pay a penalty fare shall give the passenger either a receipt for the payment of the amount of the penalty (where the passenger makes that payment to the authorised person) or a notice stating that the requirement has been made.

• (2) A receipt or notice given under paragraph (1) shall specify the passenger’s destination on the tramcar on which the passenger is travelling when required to pay the penalty fare, and shall operate as an authority to the passenger to continue to that destination.

• (3) For the purposes of paragraph (2), the passenger’s destination shall (unless only one destination is possible in the circumstances) be taken to be the destination stated by the passenger or, in default of any statement by the passenger identifying the passenger’s destination, such destination as may be specified by the authorised person.

Notice of penalty fare provisions

64

• (1) It shall be the duty of the promoter to secure that a warning notice meeting the requirements of paragraph (2) is posted—

• (a) at every tramway stop, in such a position as to be readily visible to prospective passengers; and

• (b) in every tramcar, in such a position as to be readily visible to passengers travelling on that tramcar.

• (2) A warning notice posted pursuant to paragraph (1) shall (however expressed) indicate the circumstances (as provided in article 61 (penalty fares)) in which passengers may be liable to pay a penalty fare and state the amount of the penalty fare.

Supplementary provisions

65

• (1) A passenger who is required to pay a penalty fare shall, unless the passenger pays, immediately and in cash, the amount of the penalty fare to an authorised person requiring such payment, give to that authorised person, if that person requires the passenger to do so, the name and address of the passenger; and any passenger failing to do so shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (2) Where an authorised person requires any passenger to do anything pursuant to any provision of this Order the authorised person shall, if so requested by the passenger concerned, produce to that passenger a duly authenticated document showing evidence of the authorised person’s authority; and a requirement by an authorised person shall be of no effect if, as respects that requirement, the authorised person fails to comply with this paragraph.

Exclusion of double liability

66

• (1) Where a passenger has become liable to pay a penalty fare in respect of any journey (referred to below as “the relevant journey”), no proceedings may be brought against that passenger for either of the offences specified in paragraph (2) before the end of the period mentioned in article 62(1) (amount of penalty fare); and no such proceedings may be brought after the end of that period if—

• (a) the passenger has paid the penalty fare to the promoter before the end of that period; or

• (b) an action has been brought against the passenger for the recovery of that fare.

• (2) The offences mentioned in paragraph (1) are—

• (a) any offence under byelaws made under article 53 (power to make byelaws) involving a failure to obtain or produce a fare ticket or general travel authority for the relevant journey; and

• (b) any offence under section 25(3) of the Public Passenger Vehicles Act 1981⁴² of contravening or failing to comply with any provision of regulations for the time being having effect by virtue of that section by failing to pay the fare properly payable for the relevant journey or any part of it.

• (3) If proceedings are brought against any such passenger for any such offence the liability to pay the penalty fare shall cease and, if it has been paid, the promoter shall be liable to repay to the passenger an amount equal to the amount of that fare.

PART 6 — PROTECTIVE PROVISIONS

Statutory undertakers, etc.

67

The provisions of Schedule 11 (provisions relating to statutory undertakers, etc.) shall have effect.

Minerals

68

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 the 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

69

Nothing in this Order shall affect any power of a highway authority to widen, alter, divert or improve any highway along which the authorised street tramway is laid.

Arrangements with highway authorities

70

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

• (2) In this article—

• “highway” means a street vested in or maintainable by the highway authority;

• “highway operations” means the construction or non-routine maintenance of any part of the authorised works which will involve interference with a highway or the traffic in a highway, any temporary stopping up, alteration or diversion of a highway, any occupation of the surface of a highway or any placing of equipment or apparatus in a highway; and

• “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 impose 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 (6), the promoter 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 tramway with other forms of highway traffic and, within 28 days of being requested in writing by the promoter to do so, the highway authority shall provide the promoter with its opinion on the subject.

• (5) Prior to seeking approval under paragraph (6), the promoter shall consult the highway authority concerned as to the design of any lighting for tramway stops, the design and positioning of any poles and brackets required for overhead line equipment and the design of any traffic signalling system for the authorised tramway.

• (6) Without affecting 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 promoter 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.

• (7) If, within 56 days after any plans have been submitted to a highway authority under paragraph (6), it has not intimated its disapproval and the grounds of disapproval, it shall be deemed to have approved them.

• (8) In the event of any disapproval of plans by a highway authority under this paragraph, the promoter 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.

• (9) In submitting plans under paragraph (6), the promoter shall—

• (a) ensure, so far as reasonably practicable, that the design of any lighting for tramcar stops 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 tramway is fully compatible with traffic signalling for other traffic users whilst achieving appropriate priority signalling for tramcars using the authorised tramway wherever practicable.

• (10) 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 promoter regarding the highway operations without the prior consent in writing of the promoter but 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 paragraph.

• (11) To facilitate liaison with the promoter, the highway authority concerned shall provide so far as is reasonably practicable a representative to attend meetings arranged by the promoter respecting highway operations.

• (12) 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 3 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 promoter 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.

• (13) The promoter 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 any connected apparatus, 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 or the access to any such property or work.

• (14) The promoter 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.

• (15) The promoter shall, if reasonably so required by the highway authority, provide and maintain during such time as the promoter 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 2002⁴³ in such position as may be necessary to prevent undue interference with the flow of traffic in any highway.

• (16) The promoter shall not place any hoardings on any part of any highway except for such period and in such manner as may be reasonably necessary.

• (17) The promoter 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 any connected apparatus 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 promoter, its contractors, servants or agents.

• (18) Unless otherwise agreed between the parties any difference arising between the promoter and the highway authority under this article (other than a difference as to its meaning or construction) shall be determined by arbitration under article 82 (arbitration).

For protection of the Environment Agency

71

• (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 promoter and the Agency, have effect.

• (2) In this article—

• “construction” shall include execution, placing and maintenance and “construct” and “constructed” shall be construed accordingly;

• “damage” shall include scouring, erosion and environmental damage and “damaged” shall be construed accordingly;

• “drainage work” shall mean any watercourse and includes any land which is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence;

• “the fishery” shall mean any waters containing fish and fish in, or migrating to or from, such waters and the spawn, habitat or food of such fish;

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

• “specified work” shall mean so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a watercourse or is otherwise likely to— affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work; affect the flow, purity or quality of water in any watercourse or other surface waters or ground water; cause obstruction to the free passage of fish or damage to any fishery; or affect the conservation, distribution or use of water resources.

• (3)

• (a) Before beginning to construct any specified work, the promoter shall submit to the Agency plans of the work and such further particulars available to it as the Agency may within 28 days of the submission of the plans reasonably require.

• (b) Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph (13).

• (c) Any approval of the Agency required under this paragraph—

• (i) shall not be unreasonably withheld;

• (ii) shall be deemed to have been given if it is neither given nor refused in writing within 56 days of the submission of the plans for approval and in the case of a refusal, accompanied by a statement of the grounds of refusal; and

• (iii) may be given subject to such reasonable conditions or requirements as the Agency may impose—

• (a) for the protection of any drainage work;

• (b) for the protection of the fishery;

• (c) for the protection of water resources;

• (d) for the prevention of flooding or pollution; or

• (e) in the discharge of its environmental and recreational duties.

• (4) In particular, the conditions or requirements which the Agency may make under paragraph (3) include conditions requiring the promoter at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

• (a) to safeguard any drainage work against damage; or

• (b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased by reason of any specified work.

• (5)

• (a) Any specified work, and all protective works required by the Agency under paragraph (4), shall be constructed—

• (i) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under this article; and

• (ii) to the reasonable satisfaction of the Agency,

and the Agency shall be entitled by its officer to watch and inspect the construction of such works.

• (b) The promoter shall give to the Agency not less than 14 days' notice in writing of the promoter’s intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.

• (c) If any part of the works comprising a structure in, over or under a drainage work is constructed otherwise than in accordance with the requirements of this article, the Agency may by notice in writing require the promoter, at the promoter’s own expense, to comply with the requirements of this article or (if the promoter so elects and the Agency in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

• (d) Subject to sub-paragraph (e) if, within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (c) is served upon the promoter, it has failed to begin taking steps to comply with the requirements of the notice and thereafter to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the promoter.

• (e) In the event of any dispute as to whether sub-paragraph (c) is properly applicable to any work in respect of which a notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency shall not except in an emergency exercise the powers conferred by sub-paragraph (d) until the dispute has been finally determined.

• (6)

• (a) The promoter shall maintain in good repair and condition and free from obstruction any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purposes of or in connection with the authorised tramway and constructed under the powers conferred by this Order.

• (b) If any such work which the promoter is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the promoter to repair and restore the work, or any part of it, or (if the promoter so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

• (c) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any work is served under sub-paragraph (b) on the promoter, the promoter has failed to begin taking steps to comply with the reasonable requirements of the notice and has not thereafter made reasonably expeditious progress towards their implementation, the Agency may do anything necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the promoter.

• (d) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (b), the Agency shall not, except in a case of an emergency, exercise the powers conferred by sub-paragraph (c) until the dispute has been finally determined.

• (e) Nothing in this paragraph shall have the effect of requiring the promoter to carry out works of maintenance in respect of any culvert or structure which the Agency or any other person is liable to maintain.

• (7) If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that work is otherwise damaged, such impairment or damage shall be made good by the promoter to the reasonable satisfaction of the Agency and if the promoter fails to do so, the Agency may make good the same and recover from the promoter the expense reasonably incurred by it in so doing.

• (8)

• (a) The promoter shall take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any fishery during the construction of any specified work.

• (b) If by reason of—

• (i) the construction of any specified work; or

• (ii) the failure of any such work,

damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the promoter requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage.

• (c) If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to the fishery, the promoter fails to take such steps as are described in sub-paragraph (b), the Agency may take those steps and may recover from the promoter the expense reasonably incurred by it in doing so.