The Nottingham Express Transit System Order 2009

• “Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 736 of the Companies Act 1985⁶¹) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

• “Network Rail Infrastructure Limited” means Network Rail Infrastructure Limited, a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 02904587;

• “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

• “railway property” means any railway belonging to Network Rail Infrastructure Limited and— any station, land, works, apparatus and equipment belonging to Network Rail Infrastructure Limited or connected with any such railway; and any easement or other property interest held by or used for the benefit of Network Rail Infrastructure Limited for the purposes of such railway or works, apparatus or equipment; and

• “specified work” means so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

3

• (1) Where under this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

• (2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, DBSR, EMTL, Freightliner and Network Rail Infrastructure Limited shall—

• (a) co-operate with the promoter with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

• (b) use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised works pursuant to this Order.

4

• (1) The promoter shall not exercise the powers conferred by article 25 (power to survey and investigate land, etc.) or the powers conferred by section 11(3) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail Infrastructure Limited.

• (2) The promoter shall not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail Infrastructure Limited.

• (3) The promoter shall not exercise the powers conferred by section 271 or 272 of the 1990 Act, as applied by Schedule 11 (provisions relating to statutory undertakers, etc.), in relation to any right of access of Network Rail Infrastructure Limited to railway property, but such right of access may be diverted with the consent of Network Rail Infrastructure Limited.

• (4) The promoter shall not under the powers conferred by this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail Infrastructure Limited.

• (5) Where Network Rail Infrastructure Limited is asked to give its consent pursuant to this paragraph, such consent shall not be unreasonably withheld but may be given subject to reasonable conditions.

5

• (1) The promoter shall before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work shall not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration.

• (2) The approval of the engineer under sub-paragraph (1) shall not be unreasonably withheld, and if by the end of the period of 56 days beginning with the date on which such plans have been supplied to Network Rail Infrastructure Limited the engineer has not intimated disapproval of those plans and the grounds of disapproval the engineer shall be deemed to have approved the plans as submitted.

• (3) If by the end of the period of 56 days beginning with the date on which such plans have been supplied to Network Rail Infrastructure Limited, Network Rail Infrastructure Limited gives notice to the promoter that Network Rail Infrastructure Limited desires itself to construct any part of a specified work 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 Network Rail Infrastructure Limited then, if the promoter desires such part of the specified work to be constructed, Network Rail Infrastructure Limited shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the promoter in accordance with the plans approved or deemed to be approved or settled under this paragraph.

• (4) When signifying approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail Infrastructure Limited or the services of operators using the same (including any relocation of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes shall be constructed by Network Rail Infrastructure Limited but at the expense of the promoter, or if Network Rail Infrastructure Limited so desires such protective works shall be carried out by the promoter at its own expense with all reasonable dispatch and the promoter shall not commence the construction of the specified works until the engineer has notified the promoter that the protective works have been completed to the engineer’s reasonable satisfaction.

6

• (1) Any specified work and any protective works to be constructed by virtue of paragraph 5(4) shall, when commenced, be constructed—

• (a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

• (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 as is possible to railway property; and

• (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail Infrastructure Limited or the traffic on it and the use by passengers of railway property.

• (2) If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of a specified work, the promoter shall, regardless of any such approval, make good such damage and shall pay to Network Rail Infrastructure Limited all reasonable expenses to which Network Rail Infrastructure Limited may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

• (3) Nothing in this Schedule shall impose any liability on the promoter with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail Infrastructure Limited or its servants, contractors or agents or any liability on Network Rail Infrastructure Limited with respect to any damage, costs, expenses or loss attributable to the negligence of the promoter or its servants, contractors or agents.

7

The promoter shall—

• (a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

• (b) supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing it.

8

Network Rail Infrastructure Limited shall at all times afford reasonable facilities to the promoter and its agents for access to any works carried out by Network Rail Infrastructure Limited under this Schedule during their construction and shall supply the promoter with such information as it may reasonably require with regard to such works or the method of constructing them.

9

• (1) If any permanent or temporary alterations or additions to railway property, or any protective works under paragraph 5(4), are reasonably necessary during the construction of a specified work, or during a period of 12 months after the commencement of regular revenue-earning operations on the authorised tramway comprised in any specified work, in consequence of the construction of a specified work, such alterations and additions may be carried out by Network Rail Infrastructure Limited and if Network Rail Infrastructure Limited gives to the promoter reasonable notice of its intention to carry out such alterations or additions, the promoter shall pay to Network Rail Infrastructure Limited the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail Infrastructure Limited in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If during the construction of a specified work by the promoter, Network Rail Infrastructure Limited gives notice to the promoter that Network Rail Infrastructure Limited desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail Infrastructure Limited then, if the promoter desires that part of the specified work to be constructed, Network Rail Infrastructure Limited shall assume construction of that part of the specified work and the promoter shall, regardless of any such approval of a specified work under paragraph 5(1), pay to Network Rail Infrastructure Limited all reasonable expenses to which Network Rail Infrastructure Limited may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail Infrastructure Limited of that specified work.

• (3) 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 promoter to Network Rail Infrastructure Limited under this paragraph.

10

The promoter shall repay to Network Rail Infrastructure Limited all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail Infrastructure Limited—

• (a) in constructing any part of a specified work on behalf of the promoter as provided by paragraph 5(3) or in constructing any protective works under the provisions of paragraph 5(4) 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 approval by the engineer of plans submitted by the promoter and the supervision by the engineer of the construction of a specified work;

• (c) in respect of the employment or procurement of the services of any inspectors, signalmen, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

• (d) in respect of any special traffic working resulting from any speed restrictions which may, in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution of diversion of services which may be reasonably necessary for the same reason; and

• (e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work.

11

• (1) In this paragraph—

• “EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail’s apparatus generated by the operation of the authorised works (including the operation of tramcars using the tramway comprised in the works) where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

• “Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised works) which are owned or used by Network Rail Infrastructure Limited for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

• (2) This paragraph shall apply to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 5(1) for the relevant part of the authorised works giving rise to EMI (unless the promoter has been given notice in writing before the approval of those plans of the intention to make such change).

• (3) Subject to sub-paragraph (5), the promoter shall in the design and construction of the authorised works take all measures necessary to prevent EMI and shall establish with Network Rail Infrastructure Limited (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

• (4) In order to facilitate the promoter’s compliance with sub-paragraph (3)—

• (a) the promoter shall consult with Network Rail Infrastructure Limited as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter shall continue to consult with Network Rail Infrastructure Limited (both before and after formal submission of plans under paragraph 5(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

• (b) Network Rail Infrastructure Limited shall make available to the promoter all information in the possession of Network Rail Infrastructure Limited reasonably requested by the promoter in respect of Network Rail’s apparatus identified pursuant to sub-paragraph (a); and

• (c) Network Rail Infrastructure Limited shall allow the promoter reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph (a).

• (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail Infrastructure Limited shall not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution shall be selected in the reasonable discretion of Network Rail Infrastructure Limited, and in relation to such modifications paragraph 5(1) shall have effect subject to this sub-paragraph.

• (6) If at any time prior to the commencement of regular revenue-earning operations on the authorised tramway comprised in the authorised works and regardless of any measures adopted pursuant to sub-paragraph (3), the testing or commissioning of the authorised works causes EMI then the promoter shall immediately upon receipt of notification by Network Rail Infrastructure Limited of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the promoter’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

• (7) In the event of EMI having occurred—

• (a) the promoter shall afford reasonable facilities to Network Rail Infrastructure Limited for access to the promoter’s apparatus in the investigation of such EMI;

• (b) Network Rail Infrastructure Limited shall afford reasonable facilities to the promoter for access to Network Rail’s apparatus in the investigation of such EMI; and

• (c) Network Rail Infrastructure Limited shall make available to the promoter any additional material information in its possession reasonably requested by the promoter in respect of Network Rail’s apparatus or such EMI.

• (8) Where Network Rail Infrastructure Limited approves modifications to Network Rail’s apparatus pursuant to sub-paragraph (5) or (6)—

• (a) Network Rail Infrastructure Limited shall allow the promoter reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

• (b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs shall be carried out and completed by the promoter in accordance with paragraph 6.

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 15(1) shall apply to the costs and expenses reasonably incurred or losses suffered by Network Rail Infrastructure Limited through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

• (10) For the purpose of paragraph 10(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

• (11) In relation to any dispute arising under this paragraph the reference in article 82 (arbitration) to the Institution of Civil Engineers shall be read as a reference to the Institution of Electrical Engineers.

12

If at any time after the completion of a specified work, not being a work vested in Network Rail Infrastructure Limited, Network Rail Infrastructure Limited gives notice to the promoter informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the promoter shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

13

The promoter shall not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail Infrastructure Limited unless it shall have first consulted Network Rail Infrastructure Limited and it shall comply with Network Rail Infrastructure Limited’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

14

Any additional expenses which Network Rail Infrastructure Limited may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 56 days' previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the promoter, be repaid by the promoter to Network Rail Infrastructure Limited.

15

• (1) The promoter shall pay to Network Rail Infrastructure Limited all reasonable costs, charges, damages and expenses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by Network Rail—

• (a) by reason of the construction or maintenance of a specified work or the failure of such a work; or

• (b) by reason of any act or omission of the promoter or of any person in its employ or of its contractors or others whilst engaged upon a specified work,

and the promoter shall indemnify Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act or thing may have been done by Network Rail Infrastructure Limited on behalf of the promoter or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the supervision of the engineer shall not (if it was done without negligence on the part of Network Rail Infrastructure Limited or of any person in its employ or of its contractors or agents) excuse the promoter from any liability under the provisions of this sub-paragraph.

• (2) Network Rail Infrastructure Limited shall give the promoter reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand shall be made without the prior consent of the promoter.

• (3) The sums payable by the promoter under sub-paragraph (1) shall include a sum equivalent to the relevant costs.

• (4) Subject to the terms of any agreement between Network Rail Infrastructure Limited and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail Infrastructure Limited shall promptly pay to each train operator the amount of any sums which Network Rail Infrastructure Limited receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

• (5) The obligation under sub-paragraph (3) to pay Network Rail Infrastructure Limited the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

• (6) In this paragraph—

• “the 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 the use of Network Rail Infrastructure Limited’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1); and

• “train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993⁶².

16

Network Rail Infrastructure Limited shall, on receipt of a request from the promoter, from time to time provide the promoter free of charge with written estimates of the costs, charges, expenses and other liabilities for which the promoter is or will become liable under this Schedule (including the amount of the relevant costs mentioned in paragraph 15) and with such information as may reasonably enable the promoter to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Schedule (including any claim relating to those relevant costs).

17

In the assessment of any sums payable to Network Rail under this Schedule there shall not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the promoter under this Schedule or increasing the sums so payable.

18

The promoter and Network Rail Infrastructure Limited may, subject in the case of Network Rail Infrastructure Limited to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the promoter of—

• (a) any railway property shown on the works and land plans and described in the book of reference;

• (b) any lands, works or other property held in connection with any such railway property; and

• (c) any rights and obligations (whether or not statutory) of Network Rail Infrastructure Limited relating to any railway property or any lands, works or other property referred to in this paragraph.

19

Nothing in this Order, or in any enactment incorporated with or applied by this Order, shall affect the operation of Part 1 of the Railways Act 1993.

20

The promoter shall give written notice to Network Rail if any application is proposed to be made by the promoter for the Secretary of State’s consent under article 55 (powers of disposal, agreements for operation, etc.) and any such notice shall be given no later than 28 days before any such application is made and shall describe or give (as appropriate)—

• (a) the nature of the application to be made;

• (b) the extent of the geographical area to which the application will relate; and

• (c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

21

The promoter shall, no later than 28 days from the date that the plans submitted to the Secretary of State are certified in accordance with article 79 (certification of plans, etc.), provide a set of those plans to Network Rail Infrastructure Limited in the form of a computer disc with read only memory.

SCHEDULE 15 — REPEALS OF THE 1994 ACT

PART 1 — ENACTMENTS WITHIN THE 1994 ACT REPEALED WITH IMMEDIATE EFFECT

Enactments Repealed
Section 5(1), except in so far as it relates to compensation
Section 5(2) and (3)
Section 6(2)
Section 9
Section 11
Section 14
Section 17(4)
Sections 19 to 21
Section 27(1)
Section 34(1) to (6)(a)
Section 35
Section 37
Section 38
Section 40
Section 41(2) and (3)
Section 42(2)
Section 43(2)
Section 46
Section 47
Section 70
Section 74
Section 76(2) and (3)
Section 78
Section 80
Schedule 2
Schedule 4
Schedule 6

PART 2 — ENACTMENTS WITHIN THE 1994 ACT REPEALED WHEN LINE ONE IS FIRST OPERATED PURSUANT TO AN AGREEMENT MADE UNDER ARTICLE 55

Enactments Repealed

Enactments Repealed
Section 3
Section 4
Section 6(1)
Section 7
Section 8
Section 10
Section 12
Section 13
Section 15
Section 16
Section 17(1) to (3)
Section 18
Section 22(a) to (d)
Sections 23 to 25
Section 39
Section 41(1) and (4) to (19)
Section 42(1), (3) to (16) and (18)
Section 43(3) to (5), (7) and (11)
Section 44(2) to (9), (14) and (16) to (18)
Section 45(2) to (17) and (19) to (21)
Part 5
Sections 57 to 69
Sections 71 to 73
Section 79
Section 81
Schedule 1
Schedule 3

PART 3 — ENACTMENTS WITHIN THE 1994 ACT REPEALED WHEN ALL LAND OCCUPIED PURSUANT TO POWERS OF COMPULSORY ACQUISITION GRANTED BY THE 1994 ACT HAS BEEN COMPULSORILY ACQUIRED BY THE PROMOTER

Section 26
Section 27(2)
Section 28(1) to (4)(a)
Section 29(1) to (8)
Section 32
Section 36
Schedule 5, paragraphs 2 to 4

SCHEDULE 16 — APPLICATION TO LINE ONE

1

On the coming into force of this Order, article 55 (powers of disposal, agreements for operation, etc.) shall apply to Line One to the same extent as it applies to the authorised works and the authorised tramway, subject to the provisions of this Schedule, but with the addition of the words “or under section 71 of the 1994 Act” at the end of paragraph (1)(c) of that article.

2

• (a) 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 are repealed, the provisions of this Order mentioned in paragraph 3 shall apply to Line One except to the specified works, to the same extent as they apply to the authorised tramway and the authorised works, subject to the provisions of this Schedule.

• (b) From the beginning of the day on which, pursuant to article 83(3) (repeals of the 1994 Act), the enactments within the 1994 Act specified in Part 2 of Schedule 15 and applying to the specified works are repealed, the provisions of this Order mentioned in paragraph 3 shall apply to those works to the same extent as they apply to the authorised tramway and the authorised works, subject to the provisions of this Schedule.

• (c) In sub-paragraphs (a) and (b) “the specified works” means the following works authorised by the 1994 Act—

• (i) Work Nos. 3A and 3B;

• (ii) Work No.6;

• (iii) Work No.6B; and

• (iv) Work No.7,

together with all necessary works and conveniences connected with those works.

3

The provisions of this Order referred to in paragraph 2 are—

• (a) articles 3 and 4;

• (b) articles 5(1) to (9), 6(1) to (6) and (7)(b), and 7(2);

• (c) articles 8(2) and (3), 9, 10 and 13;

• (d) paragraphs (2) to (5) of article 14, so far as they relate to any street altered by the promoter under article 8(2) as applied by sub-paragraph (c);

• (e) articles 16 and 17;

• (f) subject to paragraphs 5 to 7, article 19;

• (g) article 21;

• (h) article 23;

• (i) article 25, so far as it applies to streets;

• (j) article 26;

• (k) Part 4, except articles 50 and 55;

• (l) subject to paragraph 8, Part 5;

• (m) article 70;

• (n) article 71, so far as it relates to alteration, reconstruction or operation;

• (o) articles 77, 78, 80 to 82 and (subject to paragraph 9) 88;

• (p) subject to paragraph 10, Schedule 12, except for sub-paragraphs 47(a) and (b), so far as it relates to altering, replacing, relaying and removal;

• (q) Schedule 13; and

• (r) Schedule 14, so far as it relates to the alteration, reconstruction, operation or, in respect of paragraphs 12, 14 and 15(1)(a), maintenance of a specified work.

4

In the application to Line One of any of the provisions of this Order mentioned in paragraphs 1 to 3, so far as the context permits—

• (a) references to the authorised street tramway, the authorised tramroad and the authorised tramway shall be treated, respectively, as references to—

• (i) that part of the railway authorised by the 1994 Act which is designated by that Act as a tramway;

• (ii) that part of the railway authorised by the 1994 Act which is not designated by that Act as a tramway; and

• (iii) the railway, or any part of the railway, authorised by the 1994 Act, whether or not designated by that Act as a tramway;

• (b) references to the scheduled works and to the authorised works shall be treated, respectively, as references to the works specified in Part 1 of Schedule 1 to the 1994 Act and references to all of the works authorised by the 1994 Act;

• (c) references to the Order limits shall be treated as references to the limits of deviation shown on the deposited plans referred to in the 1994 Act; and

• (d) references to the works and land plans, the sections and the book of reference shall be treated, respectively, as references to the deposited plans, the deposited sections and the deposited book of reference referred to in the 1994 Act, as the same may have been corrected under section 35 of that Act.

5

The reference in article 19 (attachment of equipment to buildings) to any land specified in Schedule 6 (land not to be acquired compulsorily) or Schedule 8 (acquisition of new rights only) shall be omitted and the following additional provisions shall apply to the promoter’s exercise of the powers conferred by article 19 in respect of any building for the time being constructed on any land within the limits of deviation shown on the deposited plans referred to in the 1994 Act, as applied by paragraph 2—

• (a) the promoter shall not affix any apparatus to a building without the written consent of the relevant owner of the building; and such consent may be given subject to reasonable conditions (including, where appropriate, the payment of rent) but shall not be unreasonably withheld;

• (b) where—

• (i) the promoter serves on the relevant owner of a building a notice requesting the owner’s consent to the affixing of specified apparatus to the building; and

• (ii) the relevant owner does not within the period of 56 days beginning with the date upon which the notice is served give consent unconditionally or give it subject to conditions or refuse it,

the consent shall be deemed to have been withheld;

• (c) where, in the opinion of the promoter, a consent required under this paragraph for the affixing of specified apparatus is unreasonably withheld or given subject to unreasonable conditions, it may apply to the magistrates' court, who may either allow the apparatus to be affixed subject to such conditions, if any, as it thinks fit or may disallow the application;

• (d) where apparatus is affixed to a building under this paragraph—

• (i) any owner for the time being of the building may serve on the promoter not less than 56 days' notice requiring the promoter at its own expense temporarily to remove the apparatus during any reconstruction, demolition or repair of the building if such removal is reasonably necessary for that purpose; and

• (ii) the promoter shall have the right as against any person having an interest in the building to use and maintain the apparatus;

• (e) where, in the opinion of the promoter, a requirement temporarily to remove any apparatus affixed to a building under this paragraph during any demolition or maintenance of the building is not reasonably necessary for that purpose, the promoter may refer the matter to an arbitrator under article 82 (arbitration), who may either allow the apparatus to be temporarily removed or may order that it shall not be temporarily removed; and

• (f) the promoter shall pay compensation to the owners and occupiers of the building for any loss or damage sustained by them by reason of the exercise of the powers conferred by article 19 and sub-paragraph (d)(ii); and any dispute as to a person’s entitlement to compensation, or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.

6

In paragraph 5 “the relevant owner” means—

• (a) in relation to a building occupied under a lease or tenancy having an unexpired term exceeding 5 years, that occupier of the building; or

• (b) in relation to any other building, the person for the time being receiving the rack rent of the building whether on that person’s own account or as agent or trustee for any other person, or who would so receive it if the building were let at a rack rent.

7

Sub-paragraphs (d), (e) and (f) of paragraph 5 shall apply to any apparatus affixed to a building in exercise of the powers conferred by the 1994 Act to the same extent as they apply to any apparatus affixed to a building in exercise of the powers conferred by article 19 (attachment of equipment to buildings) as applied to Line One by paragraph 2.

8

In respect of the application of Part 5 of this Order to Line One, the Secretary of State shall be deemed to have specified for the purpose of article 60(1) (operation of Part 5) the day on which Line One first begins to be operated pursuant to an agreement made under article 55 (powers of disposal, agreements for operation, etc.) as the day on and after which the provisions of Part 5 shall have effect in relation to Line One.

9

In respect of the application of article 88 (existing local railway legislation) to Line One in accordance with the provisions of paragraph 4(c), the local enactments by which any existing railway within or adjacent to the limits of deviation shown on the deposited plans referred to in the 1994 Act was authorised and which shall have effect subject to the provisions of this Order shall include the—

• (a) Midland Railways, Nottingham and Mansfield, Act 1846⁶³;

• (b) the Midland Railway, Ripley Branches, Act 1848⁶⁴; and

• (c) the London Midland and Scottish Railway Act 1947⁶⁵.

10

In their application to Line One, in sub-paragraphs 47(c) to (h) of Schedule 12 (for protection of electricity, gas, water and sewerage undertakers), references to—

• (a) “accommodation or other facilities” shall be taken to refer to accommodation or other facilities for the laying of apparatus that were provided by the promoter pursuant to section 45(16)(a) and (b) of the 1994 Act to a licence holder within the meaning of Part 1 of the Electricity Act 1989⁶⁶, a gas transporter within the meaning of the Gas Act 1986⁶⁷ or a water undertaker; and

• (b) “National Grid Gas Plc” and “National Grid Electricity Transmission Plc” shall be taken to refer to such a licence holder, gas transporter or water undertaker.

SCHEDULE 17 — AGREEMENTS AND UNDERTAKINGS CONNECTED WITH THE 1994 ACT OR THE CONSTRUCTION OR MAINTENANCE OF LINE ONE

Interpretation

1

In this Schedule “the Line One agreements” means the following undertakings given or agreements entered into by the promoter in connection with the Bill for the 1994 Act or the construction, operation or maintenance of Line One—

• (a) the General Works Agreement with Railtrack PLC, dated 11th May 2000;

• (b) the Operating Framework Agreement with Railtrack PLC, Arrow Light Rail Limited, and Transdev Tram U.K. Limited, dated 11th May 2000;

• (c) the Railtrack Enabling Works (Phase 1) Agreement with Arrow Light Rail Limited, dated 29th March 1999;

• (d) the Maintenance Agreement with Railtrack PLC, dated 11th May 2000;

• (e) the Rail Regulator Agreement with Railtrack PLC, Arrow Light Rail Limited, Transdev Tram U.K. Limited, Nottingham City Transport Limited, DaimlerChrysler Rail Systems (UK) Limited, Carillion Construction Limited, dated 11th May 2000;

• (f) the Deed of Release with Railtrack PLC, dated 11th May 2000;

• (g) the Services Agreement with Railtrack PLC, Arrow Light Rail Limited, DaimlerChrysler Rail Systems (UK) Limited, and Carillion Construction Limited, dated 11th May 2000;

• (h) the Property Agreement with Railtrack PLC, dated 11th May 2000;

• (i) the Facility Ownership Agreement with Network Rail Infrastructure Limited dated 9th August 2005;

• (j) the agreement with Debenhams PLC, dated 8th February 1994;

• (k) the agreement with Severn Trent Water Limited, dated 23rd March 1994;

• (l) the agreement with Pedals, dated 2nd December 1993;

• (m) the agreement with the British Coal Corporation, dated 25th August 1993; and

• (n) the memorandum of agreement with British Gas PLC, Severn Trent Water Limited, East Midlands Electricity PLC, and British Telecommunications PLC, dated 25th August 1993,

and “Line One agreement” means any of the Line One agreements.

Application to this Order

2

Subject to the provisions of this Schedule, the Line One agreements shall, so far as relevant and the circumstances permit, continue to apply to the operation and maintenance of Line One under this Order as they apply to the operation and maintenance of Line One under the 1994 Act, regardless of the repeal of any provision of the 1994 Act by this Order.

References to provisions of the 1994 Act that are repealed and re-enacted by this Order

3

For the purposes of the application of section 17(2)(a) of the Interpretation Act 1978⁶⁸ to the Line One agreements, any reference in a Line One agreement to a provision of the 1994 Act that has been repealed and re-enacted by a provision of this Order, shall be construed as a reference to the re-enacted provision only to the extent that it applies to the operation or maintenance of Line One.

Effect of repeals on Line One agreements

4

Regardless of any provision in a Line One agreement to the contrary, the repeal of any provision of the 1994 Act by this Order shall not allow any party to a Line One agreement to terminate that agreement or determine any of the rights exercisable under it when that party would not otherwise have been able to terminate it or determine them.

5

No reference in a Line One agreement to a person exercising any powers, having the benefit of any rights or being subject to any obligation in respect of Line One by virtue of an agreement entered into under section 71 of the 1994 Act shall be deemed to be a reference to a person exercising any functions in respect of the authorised works by virtue of an agreement entered into under article 55 (powers of disposal, agreements for operations, etc.) solely by virtue of the repeal of that section.

6

The references in the following Line One agreements to specified provisions of the 1994 Act shall be construed as if those provisions were still in force for the purposes of each such agreement

• (a) in the General Works Agreement with Railtrack PLC, dated 11th May 2000, the references to—

• section 25;

• section 41(2)(b);

• section 41(7);

• section 41(8);

• section 41(14); and

• section 41(16);

• (b) in the Operating Framework Agreement with Railtrack PLC, Arrow Light Rail Limited, and Transdev Tram U.K. Limited, dated 11th May 2000, the reference to section 25;

• (c) in the Maintenance Agreement with Railtrack PLC, dated 11th May 2000, the references to—

• section 41(13);

• section 41(14)(b); and

• section 41(15); and

• (d) in the Services Agreement with Railtrack PLC, Arrow Light Rail Limited, DaimlerChrysler Rail Systems (UK) Limited, and Carillion Construction Limited, dated 11th May 2000, the references to—

• section 41(14)(b); and

• section 41(15).

Signed

Signed by authority of the Secretary of State

Ellis Harvey — Head of the Transport and Works Act Orders Unit, — Department for Transport — 19th May 2009 9

Explanatory note

(This note is not part of the Order)

This Order authorises Nottingham City Council and The Nottinghamshire County Council (referred to in this Order as the promoter) to construct and operate two extensions to the existing tram system (known as NET Line One) running between Nottingham City Centre and Hucknall, one running from the City Centre to Clifton via Wilford and the other running from the City Centre to Chilwell via the Queen’s Medical Centre and Beeston and, for that purpose, compulsorily or by agreement, to acquire land and rights in land and to use land. It contains a number of protective provisions for the benefit of affected undertakings.

This Order also makes provision in connection with the operation and maintenance of NET Line One and accordingly provides for the repeal of provisions in the Greater Nottingham Light Rapid Transit Act 1994 by which the construction, operation and maintenance of NET Line One was authorised.

A copy of the works and land plans, the open space and exchange land plans, the book of reference and the traffic regulation and rights of way plans mentioned in this Order and certified in accordance with article 79 (certification of plans, etc.) of this Order, may be inspected free of charge during working hours at the offices of Nottingham City Council at Exchange Buildings North, 2nd Floor, Smithy Row, Nottingham NG1 2BS and at the offices of The Nottinghamshire County Council at County Hall, West Bridgford, Nottingham NG2; 7QP.

Footnotes

Editorial notes