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

• (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