The Midland Metro (Wolverhampton City Centre Extension) Order 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

Extinction or suspension of private rights of way

38

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

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

• (b) on the date of entry on the land by the Authority under section 11(1)⁴⁰ (powers of entry) of the 1965 Act,

whichever is sooner.

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

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

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

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

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

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

• (6) If any such agreement as is referred to in paragraph (5)(b) which is made with a person in or to whom the right of way is vested or belongs is expressed to have effect also for the benefit of those deriving title from or under that person, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

Time limit for exercise of powers of acquisition

39

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

• (a) no notice to treat is to be served under Part 1 of the 1965 Act, as applied to the acquisition of land by article 28 (application of Part 1 of the 1965 Act); and

• (b) no declaration is to be executed under section 4 (execution of declaration) of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied to this Order by article 29 (application of Compulsory Purchase (Vesting Declarations) Act 1981).

• (2) The power conferred by article 33 (temporary use of land for construction of works) to enter upon and take temporary possession of land ceases at the end of the period mentioned in paragraph (1); but this paragraph does not prevent the Authority from remaining in possession of land in accordance with article 33 after the end of that period, if the land was entered and possession of it was taken before the end of that period.

PART 4 — OPERATION OF TRAMWAY SYSTEM

Power to operate and use tramway system

40

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

• (2) Subject to paragraph (4) and section 54 of the 1989 Act (as applied by article 4 (application of the Midland Metro Acts)), the Authority, for the purpose of operating the authorised tramway, has the exclusive right—

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

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

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

• (4) Nothing in this article restricts the exercise of any public right of way over any part of a street in which the apparatus mentioned in paragraph (2) is situated, except to the extent that the exercise of the right is constrained by the presence of the apparatus.

Power to charge fares

41

The Authority may demand, take and recover or waive such charges for carrying passengers or goods on tramcars using the authorised tramway or for any other services or facilities provided in connection with the operation of the authorised tramway, as it thinks fit.

Traffic signs

42

• (1) The Authority may, for the purposes of, or in connection with the construction or operation of the authorised tramway, place or maintain traffic signs on any street in which the authorised tramway is laid or which gives access to such a street, or on any street in connection with any instrument made under article 43 (traffic regulation) or any other street as reasonably required for conveying information to traffic.

• (2) The Authority—

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

• (b) unless the traffic authority is unwilling to do so and subject to any directions given under section 65 (powers and duties of highway authorities as to placing of traffic signs) of the 1984 Act, must enter into arrangements with the traffic authority for any such signs other than traffic light signals to be placed and maintained by the traffic authority.

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

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

• (5) Tramcars are taken to be public service vehicles for the purposes of section 122(2)(c) (exercise of functions by local authorities) of the 1984 Act.

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

Traffic regulation

43

• (1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the Authority may, in connection with the construction or operation of the authorised tramway, at any time prior to the expiry of 12 months from the opening of the authorised tramway, and in accordance with the traffic regulation plan—

• (a) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles in the manner specified in Part 1 of Schedule 7 (traffic regulation) on those roads specified in column (2) and along the lengths and between the points specified in column (3) of that Part of that Schedule;

• (b) make provision as to the direction of vehicular traffic in the manner specified in Part 2 of Schedule 7 on the roads specified in column (2) and along the lengths, between the points and as respects direction to the extent specified in column (3) of that Part of that Schedule;

• (c) permit or prohibit vehicular access in the manner specified in Part 3 of Schedule 7 to those roads specified in column (2) and along the lengths, between the points and as respects direction to the extent specified in column (3) of that Part of that Schedule; and

• (d) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by the Authority under this paragraph.

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

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

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

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

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

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

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

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

• (4) The Authority must not exercise the powers conferred by paragraphs (1) and (2) unless it has given not less than 12 weeks’ notice in writing of its intention to do so to the chief officer of the police in whose area the road is situated.

• (5) Any prohibition, restriction or other provision made by the Authority under this article has effect as if duly made by the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 7) to which the prohibition, restriction or other provision is subject.

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

• (7) Any prohibition, restriction or other provision made under this article may be varied or revoked from time to time by subsequent exercise of the powers conferred by this article by the Authority.

PART 5 — MISCELLANEOUS AND GENERAL

Planning permission

44

Planning permission which is deemed by a direction under section 90(2A)⁴¹ (development with government authorisation) of the 1990 Act to be granted in relation to the authorised works is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of that Act.

Statutory undertakers, etc.

45

The provisions of Schedule 8 (provisions relating to statutory undertakers, etc.) have effect.

Minerals

46

Nothing in this Order affects the right of any person entitled to any mine or minerals of any description whatsoever under a street along which the authorised tramway is laid to work the mine or get the minerals; but this does not affect any liability (whether civil or criminal) of the person so entitled in respect of damage to the authorised tramway resulting from the exercise of any such right.

Saving for highway authorities

47

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

Disclosure of confidential information

48

A person who—

• (a) enters a factory, workshop or workplace under article 21 (works to safeguard buildings and the operation of the authorised tramway) or article 22 (power to survey and investigate land, etc.); and

• (b) discloses to any person any information obtained under sub-paragraph (a) and relating to any manufacturing process or trade secret,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of that person’s performance of a duty in connection with the purposes for which the person was authorised to enter the land.

Defence to proceedings in respect of statutory nuisance

49

• (1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990⁴² in relation to a nuisance falling within paragraph (g) of section 79(1)⁴³ (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order may be made, and no fine imposed, under section 82(2) of that Act if the defendant shows—

• (a) that the nuisance relates to premises used by the Authority for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works and that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61⁴⁴(prior consent for work on construction sites)), of the Control of Pollution Act 1974⁴⁵; or

• (b) that the nuisance is a consequence of the operation or maintenance of the authorised tramway and that it cannot reasonably be avoided.

• (2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the Authority for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.

• (3) The provisions of this article do not affect any rule of common law having similar effect.

Certification of plans, etc.

50

The Authority must, as soon as practicable after the making of this Order, submit copies of the book of reference, the works and land plans and the traffic regulation plan to the Secretary of State for certification that they are true copies of, respectively, the book of reference, the works and land plans and the traffic regulation plan referred to in this Order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

51

• (1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

• (a) by post; or

• (b) with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 of the Interpretation Act 1978⁴⁶ as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, the last known address of that person at the time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission, the requirement is taken to be fulfilled only where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission.

• (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document, the sender must provide such a copy as soon as reasonably practicable.

• (7) Any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8).

• (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

• (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

No double recovery

52

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Arbitration

53

Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

For protection of railway interests

54

The provisions of Schedule 9 (for the protection of railway interests) have effect.

For protection of the Canal and River Trust

55

The provisions of Schedule 10 (for the protection of the Canal and River Trust) have effect.

SCHEDULE 1 — SCHEDULED WORKS

In the City of Wolverhampton—

(1) Number of Work	(2) Description of Work
Work No. 1	A tramway 239 metres in length (multiple lines), commencing 7 metres to the west of the junction of Bilston Street with Garrick Street and Market Street and continuing eastwards along Bilston Street, incorporating the existing St George’s tramstop, terminating at the junction of Bilston Street and Bilston Street Island.
Work No. 2	A tramway 649 metres in length (double and single lines), commencing at the junction of Piper’s Row and Bilston Street running north within the carriageway of Piper’s Row, incorporating both northbound and southbound tramstops, before turning east onto Railway Drive and travelling eastwards towards the railway station before turning south-east between the railway station and the multi-storey car park buildings, where the double track section converges to a single track prior to the railway station tramstop, with a single line headshunt continuing 81 metres past the stop and terminating 5 metres north-west from the retaining wall bounding Corn Hill underbridge.
Work No. 3	The relocation of the multi-storey car park access from Railway Drive to Corn Hill, and construction of the new railway station taxi rank and drop off area.
Work No. 4	Extension to existing Midland Metro Line 1 sub-station 2, to accommodate new tramway overhead line power equipment.

SCHEDULE 2 — STREETS SUBJECT TO ALTERATION OF LAYOUT

Key to Schedule 2

RS – Realignment of street

WS – Widening of street by setting back kerb line

NS – Narrowing of street by setting forward of kerb line

NP – Creation of new way

LB – Creation of parking or service bay

In the City of Wolverhampton—

(1) Street subject to alteration of layout	(2) Description of Alteration
Bilston Street	Realign the street between RS01 and RS02 to accommodate the revised layout of the existing St George’s Tram stop.
Bilston Street	Realign the street between RS03 and RS04 to accommodate the revised junction layout with Piper’s Row.
Piper’s Row	Widen the street between WS01 and WS02 to accommodate the new tracks and revised junction layout with Bilston Street.
Piper’s Row	Realign the street between RS05 and RS06 to accommodate the new track alignment.
Tower Street	Narrow street between NS01 and NS02 to accommodate coach stop displaced from Piper’s Row.
Tower Street	Realign street between RS07 and RS08 to accommodate new access to Piper’s Row NCP car park.
Piper’s Row	Widen the street between WS03 and WS04 to accommodate new track and tramstops on Piper’s Row and allow egress from Wolverhampton Bus Station.
Castle Street	Realign street between RS09 and RS10 to accommodate new junction alignment with Piper’s Row.
Piper’s Row	Realign the street between RS10 and RS11 to accommodate new track alignment.
Queen Street (south side)	Construct loading bay between LB01 and LB02 on south side of Queen street, near junction with Piper’s Row to accommodate loading activities displaced from Piper’s Row.
Piper’s Row (east side)	Extend and widen existing loading bay on Piper’s Row between LB03 and LB04 to accommodate two vehicles.
Piper’s Row/Railway Drive	Widen street between WS05 and WS06 to accommodate new track alignment through junction of Piper’s Row and Railway Drive.
Lichfield Street	Realign street between RS11 and RS12 to accommodate new track alignment and associated works.
Railway Drive	Realign street between RS13 and RS14 to accommodate new track alignment and create a pedestrian zone.
Corn Hill	Realign street between RS15 and RS16 to accommodate new access to the railway station forecourt.
Corn Hill	Create new way between NP01 and NP02 to accommodate new access to the railway station forecourt.

SCHEDULE 3 — STREETS TO BE TEMPORARILY STOPPED UP

In the City of Wolverhampton—

(1) Street affected	(2) Extent of stopping up
Bilston Street	Between its junction with Garrick Street/Market Street and Bilston Street Island.
Piper’s Row	Between its junction with Bilston Street and Railway Drive.
Court access (Piper’s Row)	Court access to be closed at its junction with Piper’s Row.
Bus Station Egress (Piper’s Row)	Bus Station exit to be closed at its junction with Piper’s Row.
CRC Manhattan/Wulfrun Hotel alley	Alleyway to be closed at its junction with Piper’s Row.
Tower Street	At its junction with Piper’s Row.
Castle Street	At its junction with Piper’s Row.
Queen Street	At its junction with Piper’s Row.
Berry Street	At its junction with Piper’s Row.
Railway Drive	Between its junction with Piper’s Row and the railway station forecourt.
Corn Hill	From the south side of Mill Street bridge for a distance of 100 metres in a north-easterly direction.
Lichfield Street	At its junction with Piper’s Row.
Fryer Street	At its junction with Railway Drive.
Chillington Street	At its junction with Bilston Road.

SCHEDULE 4 — ACQUISITION OF NEW RIGHTS ONLY

In the City of Wolverhampton—

(1) Description	(2) Number of land shown on works and land plans
1,522 square metres of police station and premises (Wolverhampton Central Police Station)	2
676 square metres of nightclub and premises (CRC Manhattans, 36 Piper’s Row)	17
114 square metres of hotel and premises (Wulfrun Hotel, 37 Piper’s Row), ground floor shop and vacant basement and premises (43 Queen Street)	18
117 square metres of shop and premises (42 Queen Street)	20
2,014 square metres of hotel and premises (Britannia Hotel, 80 Lichfield Street)	22
165 square metres of restaurant, studio and premises (79-81 Lichfield Street)	24
2,668 square metres of bus station and premises (Wolverhampton Bus Station, Piper’s Row)	26
1,310 square metres of public highway (Victoria Square)	27
1,334 square metres of yard and premises (Railway Drive and Victoria Square)	28
1,663 square metres of public parking area (Railway Street)	30

SCHEDULE 5 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973⁴⁷ has effect subject to the modifications set out in sub-paragraphs (2) and (3).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 4—

• (a) for the words “land is acquired or taken” substitute “a right over land is purchased”; and

• (b) for the words “acquired or taken from him” substitute “over which the right is exercisable”.

• (3) For section 58(1)⁴⁸ (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 (other provisions as to divided land) of the 1965 Act as substituted by paragraph 5, substitute—

(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether— (a) a right over land consisting of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or (b) a right over land consisting of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house, the Upper Tribunal must take into account not only the effect of the acquisition of the right but also the use to be made of the right proposed to be acquired, and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

Application of the 1965 Act

3

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired; or

• (b) the land over which the right is or is to be exercisable.

• (2) Without limitation on the scope of sub-paragraph (1), Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4

For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 (other provisions as to divided land) of the 1965 Act substitute—

(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Chamber of the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question, the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest, and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, the Midland Metro (Wolverhampton City Centre Extension) Order 2016⁴⁹ (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection affects any other power of the authority to withdraw the notice.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

7

Section 11⁵⁰ (powers of entry) of the 1965 Act is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12⁵¹ (penalty for unauthorised entry) and 13⁵² (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20⁵³ (protection for interests of tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9

Section 22 (interests omitted from purchase) of the 1965 Act is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

SCHEDULE 6 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

In the City of Wolverhampton—

(1) Location	(2) Number of land shown on land plans	(3) Purposes for which temporary possession may be taken	(4) Authorised work
Tower Street	6	Highway works	Work No. 2
Tower Street including NCP Car Park	13	Highway works and construction compound	Work No. 2
Castle Street	15	Highway works	Work No. 2
Queen Street	19	Highway works	Work No. 2
Ring Road St Davids, including Bus station access and Crown court access	9, 10, 11	Highway works and temporary construction area	Work No. 2
Railway Drive (Banana Yard)	40	Construction compound	Work No. 2
Railway Drive (Railway Station)	41	Temporary construction area (demolition)	Work No. 2
Area in front of multi-storey car park	42a	Construction compound	Work No. 2
Multi-storey car park at Rail Station	43	Construction area for works to modify multi-storey car park	Work No. 3
Corn Hill	44, 45, 46, 47, 60	Construction compound	Work No. 3
Corn Hill	52, 54, 54a, 58	Temporary construction area (demolition)	Work No. 3
Corn Hill	56, 57	Highway works and temporary construction area (demolition)	Work No. 3
Chillington Street	61, 62, 64a, 65	Temporary construction area	Work No. 4

SCHEDULE 7 — TRAFFIC REGULATION

Interpretation

In column (1) of each of the tables, the number refers to the relevant traffic regulation reference number shown on the traffic regulation plan. In the event of there being any discrepancy between a provision in this Schedule and the illustration of that provision shown on the traffic regulation plan, this Schedule prevails.

PART 1 — STOPPING, WAITING OR UNLOADING

In the City of Wolverhampton—

(1) No.	(2) Road	(3) Extent	(4) Notes
1.1	Tower Street	North side from its junction with Piper’s Row in a westerly direction for a distance of 59 metres	Removes 4 pay and display spaces Mon – Sat 8.30am – 4pm
1.2	Castle Street	South side from its junction with Piper’s Row in a westerly direction for a distance of 25 metres	Removes 1 pay and display bay
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
2.1	Piper’s Row	West side from its junction with Tower Street in a northerly direction to its junction with Castle Street	Currently no loading Mon –Sat 8.30am – 9.30am and 5pm – 6.30pm
2.2	Piper’s Row	West side from its junction with Castle Street in a northerly direction to its junction with Queen Street	Currently no loading Mon –Sat 8.30am – 9.30am and 5pm – 6.30pm
2.3	Piper’s Row	West side from its junction with Queen Street in a northerly direction to its junction with Berry Street	Currently unrestricted loading
2.4	Piper’s Row	East side from its junction with Bilston Street in a northerly direction along its entire length	Currently no loading Mon –Sat 8.30am – 9.30am and 5pm – 6.30pm
2.5	Tower Street	North side from its junction with Piper’s Row in a westerly direction for a distance of 59 metres	Removes 4 pay and display spaces Mon – Sat 8.30am – 4pm Currently unrestricted loading
2.6	Castle Street	South side from its junction with Piper’s Row in a westerly direction for a distance of 25 metres	Currently unrestricted loading. Removes 1 pay and display space
2.7	Castle Street	North side from its junction with Piper’s Row in a westerly direction for a distance of 25 metres	Currently unrestricted loading
2.8	Queen Street	North side from its junction with Piper’s Row in a westerly direction for a distance of 25 metres	Currently unrestricted loading
2.9	Berry Street	Both sides from its junction with Piper’s Row in a north-westerly direction for a distance of 17 metres	Currently unrestricted loading
2.10	Railway Drive	Both sides from its junction with Piper’s Row for its entire length	Currently unrestricted loading or no loading 8.30am – 9.30 and 5pm – 6.30pm
2.11	Corn Hill	Both sides from its junction with Horseley Fields in a northerly direction for a distance of 175 metres	Currently no loading Mon –Sat 8.30am – 9.30am and 5pm – 6.30pm
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
3.1	Piper’s Row	East side from a point 26 metres south of its junction with Railway Drive for a distance of 22 metres in a southerly direction. No loading Monday to Sat 9.30am – 4pm	Extension of existing loading bay
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
4.1	Queen Street	South side from a point 20 metres west of its junction with Piper’s Row for a distance of 24 metres in a westerly direction
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
5.1	Castle Street	South side from a point 20 metres west of its junction with Piper’s Row for a distance of 6 metres in a westerly direction	Removes pay and display bay in order to replace the Taxi bay
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
6.1	Tower Street	South side from a point 40 metres east of its junction with Market Street for a distance of 31 metres in a easterly direction	Required for non-local bus services

PART 2 — DIRECTION OF VEHICULAR TRAFFIC

In the City of Wolverhampton—

(1) No.	(2) Road	(3) Extent	(4) Notes
7.1	Railway Drive	One way traffic in a westbound direction for its entire length	Two way flow change to one way flow in a westerly direction for access vehicles only (also see 9.5)
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
8.1	Lichfield Street	Compulsory left turn from Lichfield Street onto Fryer Street, except for buses, taxis, private hire vehicles and defined (ring and ride) vehicles and access to loading bay

PART 3 — PROHIBITION OF VEHICULAR TRAFFIC

In the City of Wolverhampton—

(1) No.	(2) Road	(3) Extent	(4) Notes
9.1	Piper’s Row	Prohibition 24 hours except tramcars, northbound nearside lane from its junction with Tower Street in a northerly direction to its junction with Castle Street
9.2	Piper’s Row	Prohibition 24 hours except tramcars, southbound offside lane from its junction with Bilston Street for a distance of 46 metres in a northerly direction
9.3	Piper’s Row	Prohibition 24 hours except tramcars, northbound offside lane from its junction with Bilston Street for a distance of 18 metres in a northerly direction
9.4	Piper’s Row	Prohibition of driving 24 hours except tramcars, buses, taxis, private hire vehicles and defined (ring and ride) vehicles and access to loading bay, from its junction with Berry Street to its junction with Lichfield Street/Railway Drive	Existing pedestrian zone amended to allow passage of tramcars.
9.5	Railway Drive	Prohibition of driving 24 hours except tramcars, pedal cycles and access, from its junction with Piper’s Row for its entire length
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
10.1	Piper’s Row	No right turn from Piper’s Row onto Railway Drive except tramcars and pedal cycles
10.2	Fryer Street	No left turn from Fryer Street onto Railway Drive

SCHEDULE 8 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc. on land acquired

1

• (1) Subject to the following provisions of this paragraph, sections 271 to 274⁵⁴ (power to extinguish rights of statutory undertakers etc. and power of statutory undertakers etc. to remove or re-site apparatus) of the 1990 Act apply in relation to any land which has been acquired under this Order, or which is held by the Authority and is appropriated or used (or about to be used) by it for the purposes of this Order or for purposes connected with those provisions; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under section 271 and 272, and sections 279(2) to (4), 280 and 282⁵⁵ which provide for the payment of compensation) have effect accordingly.

• (2) In the provisions of the 1990 Act, as applied by sub-paragraph (1)—

• (a) references to the appropriate Minister are references to the Secretary of State;

• (b) references to the purpose of carrying out any development with a view to which land was acquired or appropriated are references to the purpose of carrying out the authorised works; and

• (c) references to land acquired or appropriated as mentioned in section 271(1) of the 1990 Act are references to land acquired, appropriated or used as mentioned in sub-paragraph(1).

• (3) Where any apparatus of public utility undertakers or of an operator of an electronic communications code network is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1), any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the Authority compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (4) Sub-paragraph (3) does not apply in the case of the removal of a public sewer, but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—

• (a) the owner or occupier of premises the drains of which communicated with that sewer; or

• (b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the Authority compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making that person’s drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

• (5) The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, do not have effect in relation to apparatus as respects which paragraph 2, or Part 3 of the 1991 Act applies (including that Part as applied by article 5 (application of the 1991 Act)).

• (6) In this paragraph—

• “electronic communications code” means the code set out in Schedule 3A to the Communications Act 2003;

• “electronic communications code network” means an electronic communications network within the meaning of the Communications Act 2003⁵⁶ to which the electronic communications code applies; and

• “public utility undertakers” has the same meaning as the Highways Act 1980⁵⁷.

Apparatus of statutory undertakers, etc., in stopped up streets

2

• (1) Where a street is stopped up under this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street has the same powers and rights in respect of that apparatus, subject to the provision of this paragraph, as if this Order had not been made.

• (2) Where a street is stopped up under this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street may where reasonably necessary for the efficient operation of the undertaking of the statutory utility and, if reasonably requested so to do by the Authority, must—

• (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

• (b) provide other apparatus in substitution for the existing apparatus and place it in that other position.

• (3) Subject to the following provisions of this paragraph, the Authority must pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with—

• (a) the execution of relocation works required in consequence of the stopping up of the street; and

• (b) the doing of any other work or thing rendered necessary by the execution of relocation works.

• (4) If in the course of the execution of relocation works under sub-paragraph (2)—

• (a) apparatus of better type, of greater capacity or of greater dimension is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

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 Authority, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works 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 statutory utility by virtue of sub-paragraph (3) will be reduced by the amount of that excess.

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

• (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; and

• (b) where the provision of a joint in a 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.

• (6) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (3) (and having regard, where relevant, to sub-paragraph (4)) 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 statutory 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.

• (7) Sub-paragraphs (3) to (6) do not apply where the authorised works constitute major transport works or major highway works for the purposes of Part 3 (street works in England and Wales) of the 1991 Act (including that Part as applied by article 5 (application of the 1991 Act)), but instead—

• (a) the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of costs of necessary measures) of that Act and any regulations for the time being having effect under that section; and

• (b) the allowable costs are to be borne by the Authority and the statutory utility in such proportions as may be prescribed by any such regulations.

• (8) In this paragraph—

• “apparatus” has the same meaning as in Part 3 of the 1991 Act;

• “relocation works” means works executed, or apparatus provided, under sub-paragraph (2); and

• “statutory utility” means a statutory undertaker for the purposes of the Highways Act 1980 or an operator of an electronic communications code network as defined in paragraph 1(6).

Application of electronic communications code

3

• (1) Part 6 of the electronic communications code does not apply for the purposes of the authorised works to the extent that such works are regulated by Part 11 of the 1990 Act, sections 84 and 85 of the 1991 Act (or regulations made under section 85 of that Act), paragraph 2 or sub-paragraph (3).

• (2) Part 10 of the electronic communications code applies for the purposes of the authorised works, except—

• (a) in so far as such works are regulated by the 1991 Act or any regulation made under that Act; or

• (b) where the Authority exercises a right under subsection (4)(b) of section 272 of the 1990 Act or under an order made under that section to remove apparatus.

• (3) The temporary stopping up, alteration or diversion of any highway under article 12 (temporary stopping up of streets) does not affect any right of an operator of an electronic communications code network under Part 8 of the electronic communications code in respect of any apparatus which at the time of the stopping up or diversion is in the highway.

• (4) In this paragraph—

• “apparatus” has the same meaning as in Part 3 of the 1991 Act; and

• “electronic communications code” and “electronic communications code network” have the same meaning as in paragraph 1(6).

SCHEDULE 9 — FOR THE PROTECTION OF RAILWAY INTERESTS

1

The following provisions of this Schedule have effect, unless otherwise agreed in writing between the Authority and Network Rail and, in the case of paragraph 15, any other person on whom rights or obligations are conferred by that paragraph.

2

In this Schedule—

• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

• “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of the powers under section 8⁵⁸ (licences) of the Railways Act 1993;

• “Network Rail” means Network Rail Infrastructure Limited (registered company number 2904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN 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 1159 of the Companies Act 2006⁵⁹) 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;

• “plans” includes sections, designs, design data, software, 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 and— any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and any easement or other property interest held or used by Network Rail 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, Network Rail must—

• (a) co-operate with the Authority with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements arising 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 under this Order.

4

• (1) The Authority must not exercise the powers conferred by article 19 (attachment of equipment to buildings), article 21 (works to safeguard buildings and the operation of the authorised tramway), article 22 (power to survey and investigate land), article 25 (power to construct temporary tramway), article 27 (power to acquire land), article 32 (rights under or over streets), article 30 (powers to acquire new rights), article 33 (temporary use of land for construction of works), article 34 (temporary use of land for maintenance of works), article 38 (extinction or suspension of private rights of way), or the powers conferred by section 11(3) of the 1965 Act or the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by this Order in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

• (2) The Authority must 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.

• (3) The Authority must not exercise the powers conferred by section 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of telecommunications code system operators: preliminary notices) of the 1990 Act, as applied by Schedule 8 (provisions relating to statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

• (4) The Authority must 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.

• (5) The Authority must not exercise any powers under this Order to—

• (a) demolish all or any part of the existing station building including preparatory works for such demolition; or

• (b) demolish any part of the multi-storey car park,

unless such demolition is with the consent of Network Rail.

• (6) Where Network Rail is asked to give its consent under this paragraph, that consent must not be unreasonably withheld but may be given subject to reasonable conditions.

• (7) In this paragraph—

• “the existing station building” means the station building at Wolverhampton railway station described in plots 41 and 42 of the book of reference and shown on the works and land plans; and

• “the multi-storey car park” means the multi-storey car park to the south of the existing station building which is described in plot 43 of the book of reference and shown on the works and land plans.

5

• (1) The Authority must 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 must 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) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated disapproval of those plans and the grounds of such disapproval the Authority may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the Authority. If by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer is deemed to have approved the plans as submitted.

• (3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the Authority that Network Rail 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 then, if the Authority desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the Authority in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the Authority.

• (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 or the services of operators using those railways (including any relocation, de-commissioning and removal 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 must be constructed by Network Rail or by the Authority, if Network Rail so desires, and such protective works must be carried out at the expense of the Authority in either case without unnecessary delay and the Authority must not commence the construction of the specified works until the engineer has notified the Authority 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 under paragraph 5(4) must, when commenced, be constructed—

• (a) without unnecessary delay 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 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 is caused by the carrying out of, or in consequence of the construction of, a specified work, the Authority must, regardless of any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail 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 imposes any liability on the Authority with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents, or any liability on Network Rail with respect to any damage, costs, expenses or loss attributable to the negligence of the Authority or its servants, contractors or agents.

7

The Authority must—

• (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 must at all times afford reasonable facilities to the Authority and its agents for access to any works carried out by Network Rail under this Schedule during their construction and must supply the Authority 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 are reasonably necessary in consequence of the construction of a specified work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the Authority reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the Authority must pay to Network Rail 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 in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If during the construction of a specified work by the Authority, Network Rail gives notice to the Authority that Network Rail 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 then, if the Authority decides that part of the specified work is to be constructed, Network Rail must assume construction of that part of the specified work and the Authority must, regardless of any such approval of a specified work under paragraph 5(1), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

• (3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 10(a) provide such details of the formula by which those sums have been calculated as the Authority may reasonably require.

• (4) 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 must be set off against any sum payable by the Authority to Network Rail under this paragraph.

10

The Authority must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

• (a) in constructing any part of a specified work on behalf of the Authority 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;