The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016

• (1) Where any street is stopped up under article 13 (stopping up of streets), any public utility whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must as soon as reasonably practicable grant to the public utility legal easements reasonably satisfactory to the public utility in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the public utility to require the removal of that apparatus under paragraph 8 or the power of the undertaker to carry out works under paragraphs 20 to 27.

• (2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 14 (temporary stopping up of streets) the public utility is at liberty at all times to take all necessary access across any such temporarily stopped up highway and to execute and do all works and things in, upon or under any such highway as may be reasonably necessary to enable the public utility to maintain any apparatus which at the time of the stopping up or diversion was in that highway and only in a manner that is consistent with and subject to any restriction or limitations that applied on such access or works under the terms of the 1991 Act enjoyed immediately before the temporary stopping up.

Protective works to building

5

The undertaker must, so far as is reasonably practicable, exercise the powers conferred by article 22 (works to safeguard buildings and the operation of the authorised transit system) so as not to obstruct or render less convenient the access to any apparatus without the written consent of the public utility (such consent not to be unreasonably withheld or delayed).

Acquisition

6

Subject to paragraph 7, the undertaker must not acquire any apparatus or land interest or override any easement or other interest of or from a public utility under the powers conferred by this Order otherwise than by agreement, which must not be unreasonably withheld.

7

The undertaker may in exercise of the powers conferred by this Order acquire or appropriate any land in which any apparatus is placed and, following the removal of such apparatus in accordance with the provisions of this Schedule, any rights in that land relating to that apparatus are extinguished but no apparatus is to be removed nor is any right of the public utility to use, maintain or renew any apparatus to be extinguished until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the public utility.

Removal of apparatus

8

Paragraphs 9 to 16 apply where—

• (a) the undertaker requires the removal of any apparatus for the purpose of constructing any of the authorised works and gives to the public utility not less than 56 days’ written notice of that requirement together with a plan of the proposed work and of the proposed position of the necessary alternative apparatus to be provided or constructed; or

• (b) in consequence of the exercise or proposed exercise of any of the powers conferred by this Order, the public utility reasonably requires the removal of any apparatus.

9

Subject to paragraph 10, the undertaker must afford to the public utility the necessary rights and facilities for the construction of any necessary alternative apparatus in other land of the undertaker and subsequently for the use, maintenance and renewal of such apparatus.

10

If the undertaker is unable to obtain the rights and facilities referred to in paragraph 9, the public utility must, on receipt of a written notice to that effect from the undertaker, use its best endeavours to obtain the necessary rights and facilities.

11

The obligation imposed upon the public utility by paragraph 10 does not extend to the exercise by the public utility of any power to acquire any land or rights in land by compulsory purchase order.

12

Any necessary alternative apparatus to be constructed by the public utility under this Schedule must be constructed in such manner, and in such line or situation, as may be agreed between the public utility and the undertaker or, in default of agreement, determined by arbitration under article 53 (arbitration).

13

The public utility must, after the manner of construction and the line or situation of any necessary alternative apparatus have been agreed or determined by arbitration and after the grant to or obtaining by the public utility of any such facilities and rights as are referred to in paragraph 9, proceed without unnecessary delay to construct and bring into operation the necessary alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed in accordance with paragraph 8.

14

If the undertaker gives notice in writing to the public utility that it desires to carry out any part of any work in connection with the construction or removal of apparatus, such work, instead of being carried out by the public utility, may be carried out by the undertaker with the prior written consent of the public utility (which must not be unreasonably withheld and may be subject to any such conditions as are reasonable and proper to protect the apparatus) in accordance with plans and in a position agreed between the public utility and the undertaker or, in default of agreement, determined by arbitration under article 53 (arbitration), without unnecessary delay under the superintendence (if given) and to the reasonable satisfaction of the public utility.

15

In carrying out any work under paragraph 14 the undertaker must comply with all statutory obligations which would have been applicable had the works been carried out by the public utility.

16

Nothing in paragraph 14 authorises the undertaker to carry out the actual placing, erection, installation, bedding, packing, removal, connection or disconnection of any apparatus or, where the apparatus is laid in a trench, execute any filling around the apparatus within 300 millimetres (measured in any direction) of the apparatus.

Facilities and rights for necessary alternative apparatus

17

Where, in accordance with the provisions of this Schedule, the undertaker affords to the public utility facilities and rights for the construction, use, maintenance and renewal in land of the undertaker of necessary alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the public utility or, in default of agreement, determined by arbitration under article 53 (arbitration).

18

In determining the terms and conditions mentioned in paragraph 17 in respect of necessary alternative apparatus to be constructed across or along the authorised works the arbitrator must—

• (a) give effect to all reasonable requirements of the undertaker for ensuring the safety of the authorised works and for securing any subsequent alterations or adaptations of the necessary alternative apparatus which may be required to prevent interference with any such works; and

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to any terms and conditions (if any) applicable to the apparatus constructed across or along the authorised works for which the necessary alternative apparatus is to be substituted and to any other reasonable requirements of the public utility.

19

If the facilities and rights to be afforded by the undertaker in respect of any necessary alternative apparatus under paragraph 17 and the terms and conditions subject to which the same are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the public utility than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator must make such provision for the payment of compensation to or by the undertaker by or to the public utility in that respect as appears to the arbitrator to be reasonable having regard to all the circumstances of the case.

Retained apparatus

20

• (1) Not less than 56 days before commencing to construct or renew any specified work, the undertaker must submit to the public utility plans of the works.

• (2) The plan to be submitted to the public utility under sub-paragraph (1) must (unless otherwise agreed in writing) include a method statement and describe—

• (a) the exact position of the specified work;

• (b) the level at which the specified works are proposed to be constructed or renewed; and

• (c) the manner of their construction or renewal including details of excavation and positioning of plant.

21

The undertaker must not commence the construction or renewal of any specified work until the public utility has given written approval of the plans so submitted.

22

Any approval of the public utility required under paragraph 21—

• (a) may be given subject to reasonable conditions for any purpose mentioned in paragraph 23;

• (b) must not be unreasonably withheld; and

• (c) is to be deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval.

23

A specified work is to be constructed only in accordance with the approved plans and all reasonable requirements made by the public utility for the alteration, or otherwise for the protection, of the apparatus, or for securing access to it, and the public utility is entitled to watch and inspect the carrying out of the work.

24

If within 42 days after the submission to it of any plans under paragraph 20, in consequence of the works proposed by the undertaker the public utility reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, the provisions of this Schedule are to have effect as if the removal of the apparatus had been required by the public utility under paragraph 8.

25

Nothing in paragraph 20 or 24 precludes the undertaker from submitting at any time, or from time to time, but in any case not less than 28 days before commencing the construction of any specified work, a new plan in place of the plan previously submitted, in which case the provisions of those paragraphs are to apply to, and in respect of, the new plan.

26

The undertaker is not required to comply with paragraph 20 in a case of emergency but, in such a case, it must give to the public utility notice as soon as reasonably practicable, and a plan of the works as soon as reasonably practicable afterwards, and must comply with paragraph 23 so far as reasonably practicable in the circumstances.

27

Nothing in paragraph 26 entitles the undertaker to carry out works to any apparatus but, upon receipt of notice from the undertaker, the public utility must take such action as may be required (which may include the carrying out of works if it thinks fit) without unnecessary delay.

Expenses and costs

28

Subject to the following provisions of this Schedule, the undertaker must repay to a public utility all expenses reasonably incurred by that public utility in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any necessary alternative apparatus (including any costs reasonably incurred in connection with the acquisition of rights) and in watching and inspecting the execution of works and in making reasonable requirements under paragraph 22.

29

The value of any apparatus removed under the provisions of this Schedule is to be deducted from any sum payable under paragraph 28, that value being calculated after removal.

30

If in accordance with the provisions of this Schedule—

• (a) necessary alternative apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type that is suitable for the purpose required; or

• (b) apparatus (whether existing apparatus or necessary alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration to be necessary, then, if such placing involves cost in the construction of works under this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the public utility under paragraph 28 is to be reduced by the amount of that excess.

31

For the purposes of paragraph 30—

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus; and

• (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

32

An amount which apart from this paragraph would be payable to a public utility under paragraph 28 must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the public utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30th June 1992, as revised and reissued from time to time.

33

In any case where work is carried out by the undertaker under paragraphs 14 to 16 and, if such work had been carried out by the public utility, the repayment made to the public utility under paragraph 28 would fall to be reduced under paragraphs 30 to 32, the public utility must give credit to the undertaker for such sum as represents the amount of that reduction.

Indemnity

34

If by reason or in consequence of the construction of the specified works, any damage is caused to any apparatus or necessary alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or there is any interruption in any service provided or of any access to any apparatus, or in the supply of any goods, by any public utility, the undertaker must—

• (a) bear and pay the cost reasonably incurred by that public utility in making good such damage or restoring the supply; and

• (b) make reasonable compensation to that public utility for any other expenses, loss, damages, penalty or costs incurred by it,

by reason or in consequence of any such damage or interruption.

35

The fact that any act or thing may have been done by a public utility on behalf of the undertaker or in accordance with a plan approved by a public utility or in accordance with any requirement of a public utility or under its supervision does not, subject to paragraph 36, excuse the undertaker from liability under the provisions of paragraph 34.

36

Nothing in paragraph 34 imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a public utility, its officers, servants, contractors or agents.

37

A public utility must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker, such consent not to be unreasonably withheld or delayed.

Co-operation

38

Where in consequence of the proposed construction of any of the specified works, the undertaker or a public utility requires the removal of apparatus under paragraph 8 or a public utility makes requirements for the protection or alteration of apparatus under paragraph 23, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and each public utility must use its best endeavours to co-operate with the undertaker for that purpose.

Access

39

If in consequence of the powers conferred by this Order, the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable the public utility to maintain or use the apparatus no less effectively than was possible before such obstruction.

SCHEDULE 9 — PROTECTION OF NAVIGATION

1

• (1) For the protection of MSCC and BCC the following provisions of this Schedule, unless otherwise agreed in writing between the undertaker and the authority concerned, have effect.

• (2) In this Schedule—

• “the authority” means— in relation to the Bridgewater Canal, BCC in its capacity as navigation authority for that canal; and in relation to the Manchester Ship Canal, MSCC in its capacity as harbour authority for that canal;

• “BCC” means the Bridgewater Canal Company Limited, company number 06805592 whose registered address is at Peel Dome, The Trafford Centre, Stretford, M17 8PL and (where applicable) includes its statutory successors;

• “the Bridgewater Canal” means the Bridgewater Canal owned or managed by BCC, and includes any works connected with the Bridgewater Canal for the maintenance or operation of which BCC is responsible and includes (without limitation) lands, walls, culverts, roads, bridges, buildings and developments held or used by BCC for the purposes of the Bridgewater Canal;

• “the Canal” means the Bridgewater Canal or the Manchester Ship Canal, as the case may be;

• “construction”, in relation to any specified work or protective work, includes execution, placing, altering, replacing, relaying and removal, and “construct” and “constructed” have corresponding meanings;

• “detriment” means any physical damage to the Canal wholly or partly caused by the specified works which affects the stability, structure and safety of the Canal and, without limitation on the scope of that meaning, includes— the erosion of the bed, banks or walls of the Canal, or the impairment of the stability of any works or lands forming part of the Canal; damage to the walls or banks of the Canal caused by excessive weight being placed on the Canal walls; the silting of the Canal or the deposit of materials in the Canal so as to damage the Canal; the pollution of the Canal; and any alteration in the water level of the Canal, or interference with the supply of water to the Canal, or drainage from the Canal; but does not include any damage to the Canal to the extent that it is set out in plans approved (or deemed to be approved) under paragraph 4;

• “the engineer” means an engineer (whether an employee of the authority or external consultant) appointed by the authority for the purpose in question;

• “harbour master” means the officer appointed by MSCC from time to time to execute the office of harbour master and includes any assistants and subordinates in so far as such assistants and subordinates are duly authorised to act on behalf the harbour master;

• “the Manchester Ship Canal” means the Manchester Ship Canal owned or managed by MSCC, and includes any works connected with the Manchester Ship Canal for the maintenance or operation of which MSCC is responsible and includes (without limitation) lands, walls, banks, culverts, roads, bridges, buildings and developments held or used by MSCC for the purposes of the Manchester Ship Canal;

• “‘MSCC” means the Manchester Ship Canal Company Limited, company number 07438096, whose registered office is at Maritime Centre, Port of Liverpool, Liverpool L21 1LA and (where applicable) includes its statutory successors;

• “plans” includes sections, drawings, specifications, calculations, surveys, soil and other environmental reports, descriptions (including descriptions of methods of construction), drainage and flooding reports, risk assessments and method statements, but does not include the design and appearance of the specified works, calculations, phasing plans and programmes;

• “protective work” means a work which is reasonably necessary to be carried out to minimise or prevent detriment constructed under sub-paragraph 4(3)(a);

• “the Ship Canal enactments” means— Manchester Ship Canal Act 1885 c. clxxxviii Manchester Ship Canal (Additional Lands) Act 1888 c. cxi Manchester Ship Canal (Alteration of Works) Act 1888 c. clxi Manchester Ship Canal (Tidal Openings, & c.) Act 1890 c. lxxiv Manchester Ship Canal (Various Powers) Act 1890 c. ccxxvii Manchester Ship Canal Act 1891 c. clxxxi Manchester Ship Canal Act 1893 c. iii Manchester Corporation (Ship Canal) Act 1893 c. xix Manchester Ship Canal (Additional Capital, & c.) Act 1893 c. xxiii Manchester Ship Canal (Surplus Lands) Act 1893 c. lxxiii Manchester Ship Canal Act 1894 c. clxix Manchester Ship Canal Act 1896 c. clxxxii Manchester Ship Canal Act 1897 c. cviii Manchester Ship Canal Act 1900 c. xxxvi Manchester Ship Canal Act 1904 c. ccxii Manchester Ship Canal (Bridgewater Canal) Act 1907 c. xv Manchester Ship Canal (Various Powers) Act 1907 c. xxx Manchester Ship Canal Act 1911 c. lvi Manchester Ship Canal Act 1919 c. xlvi Manchester Ship Canal Act 1920 c. cxlix Manchester Ship Canal Act 1924 c. lviii Manchester Ship Canal Act 1925 c. cxx Manchester Ship Canal (General Powers) Act 1926 c. lxxxiii Manchester Ship Canal Act 1933 c. lxvi Manchester Ship Canal Act 1936 c. cxxiv Manchester Ship Canal Act 1949 c. xxxvi Manchester Ship Canal Act 1950 c. lvi Manchester Ship Canal Act 1952 c. xiii Manchester Ship Canal Act 1956 c. lxxx Manchester Ship Canal Act 1960 c. xlv Manchester Ship Canal Act 1962 c. liii Manchester Ship Canal Act 1966 c. xxvii Manchester Ship Canal Revision Order 1970 (S.I. 1971/191) Manchester Ship Canal Revision Order 1975 (S.I. 1975/2205) The Manchester Ship Canal (Black Bear Canal) (Local Enactments) Order 1976 (S.I. 1976/1084) Manchester Ship Canal Revision Order 1984 (S.I. 1984/50) Manchester Ship Canal Revision Order 1987 (S.I. 1987/1790) Manchester Ship Canal Harbour Revision Order 1992 (S.I. 1992/1268) The Manchester Ship Canal (Bridgewater Canal) Act 1907 (Amendment) Order 1996 (S.I. 1996/1484) The Manchester Ship Canal Harbour Revision Order 2009 (S.I. 2009/2579);

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

• “weight limit” means the relevant weight limit for any section of the wall or bank of the Canal that may be affected by any specified work or protective work, such weight limit to be approved by the engineer in accordance with the provisions of paragraph 4.

2

• (1) The undertaker must not under the powers conferred by this Order acquire compulsorily any land of the authority or any easement or other right over such land, other than such land or easements or other rights over such land as is reasonably necessary for, or in connection with, the construction, maintenance or operation of the authorised works, without the consent of the authority (not to be unreasonably withheld or delayed) and where possession of land is taken on a temporary basis the undertaker must take possession of such land for the shortest period as is reasonably required for the purposes of undertaking specified work.

• (2) The charges over the land, property or undertaking of MSCC imposed under the Ship Canal enactments do not apply to any land or interest in land transferred, leased or granted to the undertaker by MSCC whether that transfer is by agreement or compulsorily under the powers conferred by this Order.

3

Where reasonably required to do so by the engineer or the harbour master for the purpose of ensuring the safety of the Canal the undertaker must, to the reasonable satisfaction of the engineer or harbour master, fence off any specified work or protective work or take such steps as the engineer or the harbour master may reasonably require to be taken for the purpose of separating a specified work or a protective work from the Canal, whether on a temporary or permanent basis or both.

4

• (1) The undertaker, before commencing construction of any specified work, including any temporary works, must supply to the authority proper and sufficient plans of that work and must not commence the construction of any specified work except in accordance with such plans as have been approved or deemed to have been approved by the engineer or settled by arbitration.

• (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if within 42 days after such plans (including any other particulars reasonably required under sub-paragraph (1)) have been supplied to the authority the engineer has not intimated disapproval of those plans and the grounds of disapproval the engineer is deemed to have approved the plans as submitted.

• (3) When signifying approval of the plans the engineer may specify—

• (a) any protective work to be carried out before the commencement of a specified work (whether temporary or permanent) that may be reasonably required to prevent detriment; and

• (b) such other requirements as may be reasonably necessary to prevent detriment, but not involving alteration to the design of the specified work,

and such protective work must be constructed by the undertaker or (if the undertaker so elects) the authority without unnecessary delay and the undertaker must not commence the construction of any specified work until the engineer has notified the undertaker that the protective work has been completed to the engineer’s reasonable satisfaction.

• (4) The approval of the engineer under sub-paragraph (3) must not be unreasonably withheld or delayed, and if by the end of the period of 14 days beginning with the date on which the engineer is notified of the completion of such protective work the engineer has not intimated disapproval and the grounds of disapproval the engineer is deemed to have approved the protective work.

• (5) The authority must at all times afford reasonable facilities to the undertaker and its agents for access to any protective works carried out by the authority under this paragraph during their construction and must supply the undertaker with such information as it may reasonably require with regard to such protective works or the method of constructing them.

5

The undertaker must not impede, obstruct or interfere with, as far as reasonably practicable, the free and uninterrupted and safe use of the Canal or the vessels on the Canal except to the extent that the obstruction or interference has otherwise been agreed by the authority.

6

The undertaker must provide and maintain at its own expense in the vicinity of any specified work or protective work such temporary lighting from sunset to sunrise or other periods of adverse visibility and such signal lights for the control of navigation as the harbour master may reasonably require during the construction or failure of the specified work or protective work.

7

• (1) Any specified work must, when commenced, be constructed—

• (a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled by arbitration under article 53 (arbitration) and in accordance with any requirements made under paragraph 4(3)(b);

• (b) under the supervision (if given), and, in the case of any specified work which directly and physically affects the Canal, to the reasonable satisfaction of the engineer;

• (c) in such a manner as to cause as little detriment as is reasonably practicable to the Canal;

• (d) in such a manner as to cause no detriment to the walls or banks of the Canal;

• (e) so far as is reasonably practicable, so as not to interfere with, delay or obstruct the safe passage of vessels using the Canal except to the extent that such interference, delay or obstruction has otherwise been agreed by the authority; and

• (f) in such a manner as to cause as little inconvenience as is reasonably practicable to the authority, its officers and agents.

• (2) Nothing in this Order authorises the undertaker to—

• (a) make or maintain any permanent works in or over the Canal so as to impede or prevent (whether by reducing the headroom or depth of water available for vessels, or the width of the Canal or otherwise) the passage of any vessel along the Canal, and in this regard the minimum permanent vertical clearance over the Bridgewater Canal must be maintained at all times at 28.860 metres above Ordnance Datum and the existing permanent width of the Bridgewater Canal where it is crossed by the specified works must be maintained at all times at 15.24 metres; or

• (b) construct or maintain any specified work or protective work which would result in the weight limit of the Canal wall being exceeded; or

• (c) use the Canal wall as a load bearing wall or structure for any specified work or protective work,

except to the extent that such interference, delay or obstruction has otherwise been agreed by the authority.

• (3) Nothing in this Order authorises the undertaker to construct any specified work or make or maintain any permanent works in the Canal which would impede the free-flow of water in the Canal.

• (4) Following the completion of the construction of any specified work the undertaker must restore the Canal to a condition no less satisfactory than its condition immediately prior to the commencement of those works subject to the presence of the authorised works.

• (5) Where the carrying out of any of the specified works or any protective works requires the temporary closure of the Bridgewater Canal then the undertaker must notify the authority as soon as it becomes aware of the potential need for the closure of the Canal and—

• (a) where the proposed closure will be for a period which is longer than 48 hours such works may only be undertaken between the months of November in one year and February in the following year (inclusive); and

• (b) where the proposed closure will be for a period of up to 48 hours such works must be undertaken at such time or times as may be specified by the authority (acting reasonably).

• (6) Nothing in this Order authorises the temporary closure of the Canal except with the consent of the authority, but such consent must not be unreasonably withheld and may be given subject to such terms and conditions as the authority may reasonably require.

8

• (1) The undertaker must not in the course of constructing any specified work or protective work or otherwise in connection with such works do or permit anything which may result in the deposit of any polluting materials on, in or over the Canal and must take such steps as the engineer or the harbour master may reasonably require to avoid or make good any breach of its obligations under this paragraph.

• (2) Nothing in article 21 (discharge of water) authorises the undertaker to discharge (directly or indirectly) surface drainage water into the Canal except that with the written consent of the authority the undertaker may discharge water directly into the Canal.

• (3) The undertaker must not in the course of constructing any specified work or protective work or otherwise in connection with such works do or permit anything which may result in the deposit of any other materials in the Canal and must take such steps as the engineer or the harbour master may reasonably require to avoid or make good any breach of its obligations under this paragraph except that with the written consent of the authority the undertaker may deposit any other materials into the Canal.

• (4) Any consent of the authority required under this paragraph must not be unreasonably withheld or delayed and may be given subject to such terms and conditions as the authority may reasonably require.

9

• (1) The undertaker must at all reasonable times on being given reasonable notice (except in cases of emergency) allow reasonable facilities to the engineer for access to inspect any specified work during its construction.

• (2) The undertaker must supply the engineer with all such information as the engineer may reasonably require with regard to any specified work or the method of constructing it.

• (3) Any work involving the use of oxy-fuelled gas cutting equipment or equipment of a similar nature may only be carried out within 30 metres of the Canal with the consent of the harbour master (such consent not to be unreasonably withheld or delayed) and in accordance with the reasonable requirements of the harbour master.

10

• (1) If any reasonable alterations or additions, either permanent or temporary, to the Canal are necessary in consequence of the construction of the specified work in order to avoid detriment the authority may carry out such alterations or additions instead of the undertaker subject to giving the undertaker at least 28 days’ notice of its intention to carry out such alterations or additions (the details of which must be specified in the notice).

• (2) If the undertaker has given notice under sub-paragraph (1) but does not carry out such alterations or additions within 2 months of giving that notice, the authority may give to the undertaker not less than 2 months’ notice of its intention to carry out the alterations or additions itself.

• (3) Where the authority carries out any alterations or additions to which this paragraph applies, whether in accordance with a notice under sub-paragraph (1) or sub-paragraph (2), the undertaker must pay to the authority, provided that 28 days’ notice has been given to the undertaker, the cost of those alterations or additions reasonably incurred including, in respect of permanent alterations and additions, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by the authority in maintaining, working and, when necessary, renewing any such alterations or additions.

• (4) If the cost of maintaining, working or renewing the Canal is reduced as a consequence of any alterations or additions to which this paragraph applies a capitalised sum representing such saving must be set off against any sum payable by the undertaker to the authority under sub-paragraph (3).

11

• (1) The undertaker must, upon completion of any part of a specified work and after the purpose of any temporary works has been accomplished, remove as soon as practicable any temporary works constructed and materials for temporary works placed in, on or over the Canal in connection with that part of the specified work.

• (2) All temporary works must be removed to the reasonable satisfaction of the engineer and in such a way as causes as little detriment or interference as reasonably practicable with, or delay or interruption to, the safe passage of vessels along the Canal.

• (3) In the event of any detriment to the Canal or interference with, or delay or interruption to, any vessels on the Canal that is caused by the undertaker’s failure to remove any such temporary works, the undertaker must immediately make good such damage and pay to the authority the costs and expenses to which it may be put and the compensation for any loss which it may suffer by reason of such detriment, interference, delay or interruption.

• (4) In the event of the undertaker failing to remove the temporary works within a reasonable period after receiving notice from the authority, the authority may remove those works and charge the undertaker with the reasonable costs and expenses reasonably incurred as a result.

12

• (1) The undertaker must, before placing any temporary structure or apparatus over the Canal required in connection with the maintenance or repair or renewal of a specified work, comply with the reasonable requirements of the authority, such requirements to include—

• (a) the undertaker providing the authority with 42 days’ written notice of this requirement so that, in particular, the authority may bring these works to the attention of users of the Canal; and

• (b) receiving approval from the harbour master, but such approval must not be unreasonably withheld or delayed

• (2) In the case of repair work carried out in an emergency the undertaker is only required to give such notice to the harbour master as may be reasonably practicable in the circumstances.

13

If at any time after the completion of a specified work, not being a work vested in the authority, the authority gives notice to the undertaker informing it that the state of maintenance of the specified work appears to be such that the specified work is causing or is likely to cause detriment, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put the specified work in such state of maintenance as not to cause such detriment and if the undertaker fails to do so, the authority may make and do in and upon the land of the undertaker or the authority all such works to put the specified work in such state of maintenance as before and the cost, expenses and losses incurred by the authority in so doing must be repaid to the authority by the undertaker.

14

Any reasonable and proper additional expenses not otherwise provided for in this Schedule which the authority may incur in maintaining the Canal under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that 42 days’ notice of the commencement of such maintenance has been given to the undertaker, be repaid by the undertaker to the authority so as to ensure that the authority has been reimbursed for all and any greater maintenance liability it incurs by reason of the existence of a specified work.

15

Before providing any illumination or illuminated traffic sign on or in connection with the specified work or in the vicinity of the Canal, the undertaker must consult with the authority and comply with the authority’s reasonable requirements in regard to such lighting with a view to ensuring that—

• (a) appropriate navigation lighting is placed on the specified works and on any protective works; and

• (b) any illuminations will not be directed upstream or downstream into the path of oncoming vessels on the Canal to ensure that such illumination or illuminated signs cannot be confused with any lights or lighting used for controlling, directing or securing the safety of vessels on the Canal.

16

• (1) If any canal work is abandoned, and is in such a condition that it is, or is likely to become, a danger to or to interfere with navigation, the authority may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice to remove the work and (to such extent as the authority reasonably requires) to restore the site to its former condition.

• (2) If any canal work is in such condition that it is, or is likely to become, a danger to or to interfere with navigation, the authority may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice—

• (a) to repair and restore the work or part of it; or

• (b) if the undertaker so elects, to remove the work and (to such extent as the authority reasonably requires) to restore the site to its former condition.

• (3) If—

• (a) a work which consists of a canal work and a non-canal work is abandoned or falls into decay; and

• (b) the non-canal work is in such a condition as to interfere with the right of navigation in the Canal or as to interfere with the rights of access or use of land adjacent to the Canal,

the authority may include the non-canal work, or any part of it, in any notice under this paragraph.

• (4) If after such reasonable period as may be specified in a notice under this paragraph the undertaker has failed to begin taking steps to comply with the requirements of the notice or after beginning has failed to make reasonably expeditious progress towards their implementation, the authority may carry out the works specified in the notice and any costs incurred by the authority in so doing are recoverable from the undertaker.

• (5) In this paragraph “canal work” means so much of any specified work as is in or over the Canal and “non-canal work” means so much of any specified work as is not in or over the Canal.

17

The undertaker must repay to the authority all costs, charges and expenses reasonably and properly incurred by the authority—

• (a) in constructing any protective work under the provisions of paragraph 4(3)(a) including, in respect of any permanent protective work, a capitalised sum representing the cost of maintaining and renewing those works having set off the amount by which the presence of those works reduces the cost of maintaining and renewing the Canal;

• (b) in respect of the employment of any inspectors, watch-guards and other persons whom it is reasonably necessary to appoint for inspecting, watching and lighting any part of the Canal affected by any specified work or protective work and for preventing as far as may be practicable all interference, obstruction, danger or accident arising from the construction, maintenance, renewal, repair or failure of the specified work or any protective work;

• (c) in respect of any special navigation or traffic procedures resulting from any restrictions which are necessary as a result of the construction, maintenance, renewal, repair or failure of the specified work and which may in the reasonable opinion of the engineer or harbour master be required to be imposed, or from the suspension of navigation or traffic which may be necessary for the same reasons;

• (d) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of any specified work or any protective work; and

• (e) in bringing the specified work or any protective work to the notice of users of the Canal.

18

• (1) If any detriment to the Canal or any interference with, or delay or obstruction to, any vessels on the Canal is caused by, or arises as a result of, the construction or failure of any specified work or protective work if carried out by the undertaker, the undertaker or (if the authority so elects) the authority, but at the undertaker’s expense, must immediately make good such detriment and the undertaker must on demand pay to the authority all reasonable expenses to which the authority may be put, and compensation for any loss which the authority may sustain, in making good or otherwise by reason of any such detriment, interference, delay or obstruction.

• (2) The undertaker is responsible for and must make good to the authority all claims, demands, proceedings, costs, charges, damages, expenses and losses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by the authority—

• (a) by reason of the construction or failure of any specified work or a protective work (for the avoidance of doubt the indemnity is to include liability resulting from damage caused to the Canal by vibration caused by the use of the specified works); or

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

and subject to sub-paragraphs (3) and (4) the undertaker must effectively indemnify and hold harmless the authority from and against all charges, claims, demands, expenses and liabilities arising out of any of the matters referred to in sub-paragraphs (a) and (b).

• (3) Nothing in this paragraph imposes any liability on the undertaker with respect to any losses, costs, charges, damages, expenses, claims or demand referred to in sub-paragraph (2) to the extent that they are attributable to negligence on the part of the authority or of any person in the authority’s employ or the authority’s contractors or agents.

• (4) Except to the extent provided by sub-paragraph (3), the fact that any act or thing may have been done by the authority on behalf of the undertaker or in accordance with any requirements of the engineer or in accordance with plans approved by the engineer or under the engineer’s supervision or awards of an arbitrator does not (if it was done without negligence on the part of the authority or any person in its employ or its contractor or agents) excuse the undertaker from any liability under the provisions of this paragraph.

• (5) The authority must give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand is to be made without the prior consent in writing of the undertaker (which must not be unreasonably withheld) which, if it notifies the authority that it desires to do so, is to have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand provided that no settlement or compromise of any such claim or demand is to be made without the consent of the authority (which must not be unreasonably withheld). If consent is not given by the undertaker, the authority must diligently defend such claim or demand.

19

Where under any provision of this Schedule the authority or the undertaker (as the case may be) is entitled to a capitalised sum, it must provide such details of the formula by which the sum is calculated as may reasonably be requested by the party required to pay the sum.

20

Except as provided by this Order, nothing in this Order prejudices or derogates from the estates, rights, interests, privileges, liberties or franchises of the authority or alters or diminishes any power, authority or jurisdiction vested in the authority at the making of this Order and, in particular, nothing is to be done under this Order that causes the authority or the harbour master to be in breach of their statutory duties and responsibilities.

21

Any differences arising between the undertaker and the authority under this Schedule (other than a difference as to the meaning or construction of this Schedule) is to be referred to and settled by arbitration in accordance with article 53 (arbitration).

Signed

Signed by authority of the Secretary of State

Martin Woods — Head of the Transport and Works Act Orders Unit — Department for Transport — 3rd November 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Transport for Greater Manchester (referred to in this Order as the undertaker) to construct and operate a transit system in the borough of Trafford, being an extension to the existing Manchester Metrolink system by way of a new route joining existing tramway routes from the existing Pomona Metrolink stop through Trafford Park and terminating at the Trafford Centre retail and leisure complex. For that purpose, the Order also authorises the compulsory purchase and temporary use of land, the diversion of existing rights of way, street works and ancillary works.

The Order also contains a number of ancillary and consequential provisions to provide for the construction, maintenance and operation of the transit system.

A copy of the works and land plans, the book of reference and the traffic regulation plans mentioned in this Order and certified in accordance with article 51 (certification of plans, etc.) of this Order, may be inspected free of charge during working hours at the offices of the undertaker at—

Transport for Greater Manchester, 2 Piccadilly Place, Manchester, M1 3BG; and

Trafford Metropolitan Borough Council, Sale Waterside, Sale, Manchester, M33 6FZ.

Footnotes

[^f00001]: S.I. 2006/1466, as amended by S.I. 2010/439, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2012/2590 and S.I. 2013/755.

[^f00002]: 1992 c. 42. Section 1 was amended by paragraphs 51 and 52 of Schedule 2 to the Planning Act 2008 (c. 29). Section 5 was amended by S.I. 2012/1659.

[^f00003]: 1961 c. 33.

[^f00004]: 1965 c. 56.

[^f00005]: 1980 c. 66.

[^f00006]: 1984 c. 27.

[^f00007]: 1990 c. 8.

[^f00008]: 1991 c. 22.

[^f00009]: The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00010]: 1989 c. 29.

[^f00011]: 1981 c. 67.

[^f00012]: S.I. 1969/25, amended by S.I. 1973/1727. By virtue of S.I. 2011/908 the passenger transport executive was re-named “Transport for Greater Manchester”.

[^f00013]: 1840 c. 897, 1842 c. 55, 1868 c. 119, 1873 c. 48 and 1887 c. 57.

[^f00014]: 1839 c. 45.

[^f00015]: Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00016]: As also amended by section 49(1) of the Traffic Management Act 2004.

[^f00017]: As also amended by section 49(2) and 51(9) of the Traffic Management Act 2004.

[^f00018]: As also amended by section 52(3) of the Traffic Management Act 2004.

[^f00019]: As amended by section 42 of the Traffic Management Act 2004.

[^f00020]: 2006 c. 26.

[^f00021]: 1896 c. 48.

[^f00022]: 1904 c. ccxxv.

[^f00023]: 1922 c. xxvii.

[^f00024]: S.I. 1995/2446.

[^f00025]: S.I. 2000/849.

[^f00026]: S.I. 2010/675 as amended by the Environmental Permitting (England and Wales) (Amendment) (No.2) Regulations 2016 (S.I. 2016/475).

[^f00027]: 1991 c. 59.

[^f00028]: 1991 c. 57.

[^f00029]: 1992 c. xviii.

[^f00030]: S.I. 2001/1367.

[^f00031]: S.I. 1999/1026.

[^f00032]: 1991 c. 56. Section 106 was amended by section 35(1) and (8) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00033]: S.I. 2010/675

[^f00034]: 1964 c. 40.

[^f00035]: 1991 c. 57.

[^f00036]: Section 90(2A) was inserted by section 16(1) of the Transport and Works Act 1992 (c. 42).

[^f00037]: 1979 c. 46.

[^f00038]: 1981 c. 67.

[^f00039]: Inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

[^f00040]: 1981 c. 66.

[^f00041]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.

[^f00042]: Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

[^f00043]: Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00044]: Section 8 was amended by S.I. 2009/1307.

[^f00045]: S.I. 1996/2714.

[^f00046]: S.I. 1997/1266.

[^f00047]: S.I. 2006/405.

[^f00048]: S.I. 2016/1035.

[^f00049]: As amended by section 153 of the Local Government and Housing Act 1989 (c. 42); section 168(1) of, and paragraph 48 of Part 2 of Schedule 8 to, the 1991 Act; section 48 of, and paragraph 29 of Schedule 4 to, the Road Traffic Act 1991 (c. 40) and section 1(6) of, and paragraphs 70 and 82 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00050]: As amended by section 168(1) of, and paragraph 61 of Part 2 of Schedule 8 to, the 1991 Act; section 45 of the Road Traffic Act 1991 (c. 40) and section 1(6) of, and paragraphs 70 and 88 of Part 2 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00051]: As amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51). There are other amendments to section 32 that are not relevant to this Order.

[^f00052]: As amended by sections 8 and 102 of, and paragraph 4(19)(b) of Schedule 5 and Schedule 17 to, the Local Government Act 1985 (c. 51); section 1 of the Road Traffic Regulation (Parking) Act 1986 (c. 27); section 168(1) of, and paragraph 44 of Part 2 of Schedule 8 to, the 1991 Act and section 281 of, and Part 6 of Schedule 34 to, the Greater London Authority Act 1999 (s. 29). There are other amendments to section 45 that are not relevant to this Order.

[^f00053]: 2004 c. 18.

[^f00054]: As amended by section 42 of the Traffic Management Act 2004 (c. 18).

[^f00055]: As amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00056]: S.I. 2002/3113 (subsequently revoked and replaced by S.I. 2016/362).

[^f00057]: 1990 c. 43.

[^f00058]: Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), paragraph 15(3) of Schedule 15 to the Environmental Protection Act 1990 (c. 43), Schedule 24 to the Environment Act 1995 and paragraph 10 of Schedule 6 to the Building (Scotland) Act 2003 (asp. 8).

[^f00059]: 1974 c. 40.

[^f00060]: 1978 c. 30.

[^f00061]: 1973 c. 26.

[^f00062]: Section 58(1) was amended by section 16(3) of, and Schedule 5 to, the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), section 4 of, and paragraph 29(1) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

[^f00063]: S.I. 2016/1035.

[^f00064]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.

[^f00065]: Section 12 was amended by section 56(2) of, and part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^f00066]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00067]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 and S.I. 2009/1307.

[^f00068]: 1989 c. 29.