The Blackpool Tramway (Blackpool North Extension) Order 2017

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

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

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

Tramcars deemed public service vehicles

48

• (1) On such day as may be appointed under paragraph (2), regulations made, or having effect as if made, under sections 24, 25 or 60(1)(j) or (k) of the Public Passenger Vehicles Act 1981[^f00053] has effect as if the tramcars used on the authorised tram system were public service vehicles used in the provision of a local service within the meaning of the Transport Act 1985.

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

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

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

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

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

• (4) A photostatic or other reproduction certified by the Chief Executive of the promoter to be a true reproduction of a page, or part of a page, of any newspaper bearing the date of its publication and containing the notice mentioned in sub-paragraph (b) is evidence of the publication of the notice and of the date of publication.

Substitute road services

49

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

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

• (3) Section 6 (registration of local services) of the Transport Act 1985[^f00054] does not apply to any substitute services.

PART 5 — PENALTY FARES

Interpretation of Part 5

50

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

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

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

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

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

• “penalty fare” means a penalty fare payable pursuant to article 52 (penalty fares);

• “the penalty fare provisions” means articles 50 to 57; and

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

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

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

Operation of Part 5

51

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

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

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

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

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

Penalty fares

52

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

• (2) A passenger is not liable to pay a penalty fare if at the tram system stop where, and the time when, the passenger boarded the tramcar and if on the tramcar there were no facilities for the sale of the necessary fare ticket for the passenger’s journey.

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

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

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

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

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

Amount of penalty fare

53

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

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

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

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

Document to be issued in connection with penalty fare requirement

54

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

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

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

Notice of penalty fare provisions

55

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

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

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

• (2) A warning notice posted pursuant to paragraph (1) must (however expressed) indicate the circumstances (as provided in article 52 (penalty fares)) in which passengers may be liable to pay a penalty fare and state the amount of the penalty fare.

Supplementary provisions

56

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

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

Exclusion of double liability

57

• (1) Where a passenger has become liable to pay a penalty fare in respect of any journey (referred to below as “the relevant journey”), no proceedings may be brought against that passenger for either of the offences specified in paragraph (2) before the end of the period mentioned in article 53(1) (amount of penalty fare); and no such proceedings may be brought after the end of that period if—

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

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

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

• (a) any offence under byelaws made under article 44 (power to make byelaws) involving a failure to obtain or produce a fare ticket or general travel authority for the relevant journey; and

• (b) any offence under section 25(3) (regulation of conduct of passengers) of the Public Passenger Vehicles Act 1981[^f00055] of contravening or failing to comply with any provision of regulations for the time being having effect by virtue of that section by failing to pay the fare properly payable for the relevant journey or any part of it.

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

PART 6 — PROTECTIVE PROVISIONS

Minerals

58

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 any authorised street 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 street tramway resulting from the exercise of any such right.

Saving for highway authorities

59

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

Statutory undertakers, etc.

60

The provisions of Schedule 7 (provisions relating to statutory undertakers, etc.) have effect.

PART 7 — MISCELLANEOUS AND GENERAL

Disclosure of confidential information

61

A person who—

• (a) enters a factory, workshop or workplace in pursuance of the provisions of article 20 (safeguarding works to buildings) or article 23 (power to survey and investigate land, etc.); and

• (b) discloses to any other person any information obtained by the person 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 performing the person’s duty in connection with the purposes for which the person was authorised to enter the land.

Defence to proceedings in respect of statutory nuisance

62

• (1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990[^f00056] in relation to a nuisance falling within paragraph (g) of section 79(1)[^f00057] (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine is to be imposed, under section 82(2) of that Act if the defendant shows—

• (a) that the nuisance relates to premises used by the promoter for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to authorised 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 61[^f00058] (prior consent for work on construction sites) of the Control of Pollution Act 1974[^f00059]; or

• (b) that the nuisance is a consequence of the operation of the works authorised by this Order 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 promoter 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.

63

The promoter must, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited 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 deposited 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

64

• (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 (references to service by post) of the Interpretation Act 1978[^f00060] as it applies for the purposes of this article, the proper address of any person in relation to the service on the person of a notice or document under paragraph (1) is, if the 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 person’s last known address 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 person’s name or address cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to the 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 where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either 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 communication 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 is not to be taken to exclude the employment of any method of service not expressly provided for by it.

No double recovery

65

Compensation is not be 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

66

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) is to 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.

SCHEDULE 1 — SCHEDULED WORKS

(1) Number of Work	(2) Description of Work
Work No.1	A tramway 422 metres in length (double line), commencing on the existing Blackpool Tramway at the existing turnouts to the south of North Pier, before turning east to cross the Promenade (A584) and continuing in an easterly direction through a remodelled Talbot Square. The Work continues in a north-easterly direction running within the carriageway of Talbot Road terminating at the rear of the north-eastern footway flanking the Talbot Road/Dickson Road/Topping Street junction.
Work No.2	A tramway 88 metres in length (double line), commencing at the existing turnouts to the north of North Pier, before turning east to cross the Promenade (A584) and continuing in an easterly direction through a remodelled Talbot Square. The Work terminates at its intersection with Work No.1.
Work No.3	A tramroad 110 metres in length (double line), commencing at the termination of Work No.1 running north and then north-east through a development site bounded by Queen Street, High Street, Talbot Road and Dickson Road terminating at the proposed tram stop to the southwest of High Street.

SCHEDULE 2 — STREETS SUBJECT TO ALTERATION OF LAYOUT

Key to Schedule 2

RS — Realignment of street

WS — Widening of street by setting back of kerb line

NS — Narrowing of street by setting forward of kerb line

PB — Creation of loading, parking or taxi bay

(1) Street subject to alteration of layout	(2) Description of alteration
Promenade	Realign the street between RS01 and RS02 to accommodate the tramway and revised junction with Talbot Square.
Talbot Square	Realign the street between RS03 and RS04 to accommodate the tramway, a new tram stop (Talbot Square) and revised junctions with The Strand, Talbot Road, Market Street, Corporation Street and Clifton Street.
Market Street	Realign the street between RS05 and RS06 to accommodate the revised junction with Talbot Square.
Corporation Street	Realign the street between RS07 and RS08 to accommodate the revised junction with Talbot Square and Clifton Street.
Clifton Street	Realign the street between RS09 and RS10 to accommodate the revised junction with Talbot Square and Corporation Street.
The Strand	Realign the street between RS11 and RS12 to accommodate the revised junction with Talbot Square.
Talbot Road	Realign the street between RS13 and RS14 to accommodate the tramway, a new tram stop (Talbot Square) and revised junction with Talbot Square.
Talbot Road	Narrow the street between NS01 and NS02 to accommodate the tramway, parking and loading bays and the revised junctions with Abingdon Street, Dickson Road and Topping Street.
Talbot Road	Create a loading, parking or taxi bay between PB01 and PB02.
Talbot Road	Create a loading or parking bay between PB03 and PB04.
Abingdon Street	Realign the street between RS15 and RS16 to accommodate the revised junction with Talbot Road.
Dickson Road	Realign the street between RS17 and RS18 to accommodate the revised junction with Talbot Road.
Topping Street	Realign the street between RS19 and RS20 to accommodate the revised junctions with Talbot Road and Deansgate.
Cookson Street	Realign the street between RS21 and RS22 to accommodate the revised junction with Deansgate.
Deansgate	Widen the street between WS01 and WS02 to accommodate the revised junction with Cookson Street.
Deansgate	Narrow the street between NS03 and NS04 to accommodate the revised junctions with East Topping Street and Topping Street.

SCHEDULE 3 — STREETS TO BE TEMPORARILY STOPPED UP

(1) Street affected	(2) Extent of stopping up
Promenade	At its junction with Talbot Square.
Talbot Square	Between its junction with Promenade and its junction with Talbot Road/Corporation Street.
Market Street	At its junction with Talbot Square.
Corporation Street	Between its junction with Cheapside and its junction with Talbot Square/Talbot Road.
Clifton Street	At its junction with Corporation Street.
The Strand	At its junction with Talbot Square.
Talbot Road	Between its junction with Talbot Square/Corporation Street and its junction with Cookson Street.
Abingdon Street	At its junction with Talbot Road.
Dickson Road	At its junction with Talbot Road.
Topping Street	Between its junctions with Deansgate and Talbot Road.
Cookson Street	Between its junctions with George Street and Talbot Road.
High Street	Between its junctions with Talbot Road and Springfield Road.

SCHEDULE 4 — 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 1961 Act has effect subject to the following modification set out in sub-paragraph (2).

• (2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 4 to the Blackpool Tramway (Blackpool North Extension) Order 2017); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 4 to the Blackpool Tramway (Blackpool North Extension) Order 2017) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of the land, the authority is deemed for the purposes of subsection 3(a) to have entered on the land when it entered on the land for the purpose of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00061] has effect subject to the modifications set out in sub-paragraph (2).

• (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 5(3)—

• (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”.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by article 27 (application of Part 1 of the 1965 Act) to the acquisition of land under article 26 (power to acquire land), applies to the compulsory acquisition of rights under article 29(1) (power to acquire new rights)—

• (a) with the modifications specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 Act to land are, in appropriate contexts, 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.

• (3) For section 7 (measure of compensation in the 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.

• (4) 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 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.

• (5) Section 11^f00062 of the 1965 Act is modified as to secure that, where the acquiring authority have served notice to treat in respect of any right, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 26 (power to acquire land)), 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 11A[^f00063] (powers of entry: further notices of entry), 11B[^f00064] (counter-notice requiring possession to be taken on specified date), 12[^f00065] (penalty for unauthorised entry) and 13[^f00066] (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

• (6) Section 20[^f00067] (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.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act (as modified by article 27(6)) 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.

• (8) For Schedule 2A of the 1965 Act substitute—

SCHEDULE2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over the whole or part of a house, building or factory. (2) But see article 30(3) (power to acquire subsoil only) of the Blackpool Tramway (Blackpool North Extension) Order 2017, which excludes the acquisition of subsoil only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The acquiring authority must serve notice of its decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right, (b) the use to be made of the right proposed to be acquired, and (c) if 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 of the other land. (12) If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (15) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 5 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Number of land shown on the deposited plans	(3) Purpose for which temporary possession may be taken	(4) Schedule work
The Promenade (A584)	6 & 7	Highways works	Work No.2
Market Street	18 & 19	Highways works	Work Nos. 1 & 2
The Strand	21, 22, 23 & 24	Highways works	Work No.1
Corporation Street	29 & 30	Highways works	Work No.1
Clifton Street	34, 35 & 37	Highways works	Work No.1
Talbot Road	46	Highways works	Work No.1
Abingdon Street (north of Talbot Road)	49 & 51	Highways works	Work No.1
Abingdon Street (south of Talbot Road)	53, 54, 55 & 56	Highways works	Work No.1
Talbot Road	68	Highways works	Work No.1
Dickson Road	71 & 73	Highways works	Work No.1
Talbot Road	77, 78 & 79	Highways works	Work No.1
Topping Street	82, 83, 84, 85, 87, 88, 89, 90, 91, 92, 93 & 94	Highways works	Work No.1
Deansgate	82, 96, 97, 98 & 99	Highways works	Work No.1
Cookson Street	101	Highways works	Work No.1
Deansgate/Cookson Street/Talbot Road (Bickerstaffe Square)	100	Highways works	Work No.1

SCHEDULE 6 — TRAFFIC REGULATION

Interpretation

In column (1) of each of the tables below, 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 is to prevail.

PART 1 — STOPPING, WAITING, LOADING OR UNLOADING

(1) No.	(2) Road	(3) Extent	(4) Notes
TAS-1.1	Talbot Square	Northern side from the road centre line of Promenade in an easterly direction to its junction with Talbot Road.	To maintain vehicular flow.
TAS-1.2	Talbot Square	Southern side from the road centre line of Promenade in an easterly direction to the road centre line of Market Street.	To maintain vehicular flow.
TAS-1.3	Talbot Square	Southern side from the road centre line of Market Street in an easterly direction to the road centre line of Corporation Street.	To maintain vehicular flow.
CLI-1.1	Clifton Street	Northern side from a point 6 metres west of eastern building line of No.1 Clifton Street in a westerly direction to its junction with Talbot Square/Talbot Road.	To maintain vehicular flow.
TAL-1.1	Talbot Road	North-western side from its junction with Talbot Square in a north-easterly direction to the road centre line of Dickson Road.	To maintain vehicular flow.
TAL-1.2	Talbot Road	South-eastern side from a point 98.8 metres south-west of the property boundary of Nos. 36–38 and 42–44 Talbot Road in a south-westerly direction to the road centre line of Talbot Square.	Aligns the existing restriction with the proposed changes to the highway layout.
TAL-1.3	Talbot Road	South-eastern side from the property boundary of Nos. 36–38 and 42–44 Talbot Road in a north-easterly direction to a point 4 metres north-east of the north-eastern building line to No.48 Talbot Road.	Aligns the existing restriction with the proposed changes to the highway layout.
TAL-1.4	Talbot Road	South-eastern side from a point 45.2 metres north-east of the north-eastern building line to No.48 Talbot Road in a north-easterly direction to the road centre line of Topping Street.	To maintain vehicular flow.
ABI-1.1	Abingdon Street	South-western side from a point 12 metres north-west of the south-eastern building line of No.55 Abingdon Street in a north-westerly direction to a point 8 metres north-west of the south-eastern building line to No.23 Talbot Road.	Aligns the existing restriction with the proposed changes to the highway layout.
ABI-1.2	Abingdon Street	North-eastern side from a point 44.6 metres north-west of the southern building line of No.40 Abingdon Street in a north-westerly direction to a point 29 metres north-west of the south-eastern building line to No.25 Talbot Road.	Aligns the existing restriction with the proposed changes to the highway layout.
MAR-1.1	Market Street	Western side from a point 8 metres south of the northern building line to the Clifton Hotel in a northerly direction to the road centre line of Talbot Square.	Aligns the existing restriction with the proposed changes to the highway layout.
COR-1.1	Corporation Street	Western side from a point 30 metres north of the southern building line to the Municipal Building in a northerly direction to the road centre line of Talbot Square.	Aligns the existing restriction with the proposed changes to the highway layout.
COR-1.2	Corporation Street	Eastern side from a point 4 metres north of the southern building line to No.20 Corporation Street in a northerly direction to the road centre line of Clifton Street.	Aligns the existing restriction with the proposed changes to the highway layout.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
TAS-3.1	Talbot Square	Northern side from the road centre line of Promenade in an easterly direction to its junction with Talbot Road.	To maintain vehicular flow.
TAS-3.2	Talbot Square	Southern side from the road centre line of Promenade in an easterly direction to the road centre line of Market Street.	To maintain vehicular flow.
TAS-3.3	Talbot Square	Southern side from the road centre line of Market Street in an easterly direction to the road centre line of Corporation Street.	To maintain vehicular flow.
CLI-3.1	Clifton Street	Northern side from a point 6 metres west of eastern building line of No.1 Clifton Street in a westerly direction to its junction with Talbot Square/Talbot Road.	To maintain vehicular flow.
TAL-3.1	Talbot Road	North-western side from its junction with Talbot Square in a north-easterly direction to the road centre line of Dickson Road.	To maintain vehicular flow.
TAL-3.2	Talbot Road	South-eastern side from a point 98.8 metres south-west of the property boundary of Nos. 36 –38 and 42–44 Talbot Road in a south-westerly direction to the road centre line of Talbot Square.	To maintain vehicular flow.
TAL-3.3	Talbot Road	South-eastern side from the property boundary of Nos. 36–38 and 42–44 Talbot Road in a north-easterly direction to a point 4 metres north-east of the north-eastern building line to No.48 Talbot Road.	To maintain vehicular flow.
TAL-3.4	Talbot Road	South-eastern side from a point 45.2 metres north-east of the north-eastern building line to No.48 Talbot Road in a north-easterly direction to the road centre line of Topping Street.	To maintain vehicular flow.
ABI-3.1	Abingdon Street	South-western side from a point 12 metres north-west of the south-eastern building line of No.55 Abingdon Street in a north-westerly direction to a point 8 metres north-west of the south-eastern building line to No.23 Talbot Road.	Aligns the existing restriction with the proposed changes to the highway layout.
ABI-3.2	Abingdon Street	North-eastern side from a point 44.6 metres north-west of the southern building line of No.40 Abingdon Street in a north-westerly direction to a point 9 metres north-west of the south-eastern building line to No.25 Talbot Road.	Aligns the existing restriction with the proposed changes to the highway layout.
MAR-3.1	Market Street	Western side from a point 8 metres south of the northern building line to the Clifton Hotel in a northerly direction to the road centre line of Talbot Square.	Aligns the existing restriction with the proposed changes to the highway layout.
COR-3.1	Corporation Street	Western side from a point 30 metres north of the southern building line to the Municipal Building in a northerly direction to the road centre line of Talbot Square.	Aligns the existing restriction with the proposed changes to the highway layout.
COR-3.2	Corporation Street	Eastern side from a point 4 metres north of the southern building line to No.20 Corporation Street in a northerly direction to the road centre line of Clifton Street.	Aligns the existing restriction with the proposed changes to the highway layout.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
ABI-4.1	Abingdon Street	North-eastern side from a point 9 metres north-west of the south-eastern building line to No.25 Talbot Road in a north-westerly direction for a distance of 20 metres. Loading and unloading permitted 8am to 6pm restricted to 15 minutes only with no return within 30 minutes.	Aligns the existing loading bay provision with the proposed changes to the highway layout.
ABI-4.2	Abingdon Street	South-western side from a point 8 metres north-west of the south-eastern building line to No.23 Talbot Road in a north-westerly direction for a distance of 20 metres. Loading and unloading permitted 7am to 10am restricted to 15 minutes only with no return within 30 minutes.	Aligns the existing loading bay provision with the proposed changes to the highway layout.
MAR-4.1	Market Street	Western side from a point 8 metres south of the northern building line to the Clifton Hotel in a southerly direction for 44.2 metres. Loading and unloading permitted 8am to 6pm restricted to 15 minutes only with no return within 30 minutes.	Aligns the loading bay with the proposed changes to the highway layout retaining the existing level of provision.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
TAL-27.1	Talbot Road	South-eastern side from a point 40.8 metres to the south-west of the property boundary of Nos. 36–38 and 42–44 Talbot Road in a south-westerly direction for a distance of 33 metres. Operational 6pm to midnight and midnight to 8am.	Aligns the existing night time taxi bay provision with the proposed changes to the highway layout.
TAL-27.2	Talbot Road	South-eastern side from a point 73.8 metres to the south-west of the property boundary of Nos. 36–38 and 42–44 Talbot Road in a south-westerly direction for a distance of 25 metres. At any time.	Re-provides taxi bay displaced on northern side of Talbot Road by the tramway.
MAR-27.1	Market Street	Western side from a point 8 metres south of the northern building line to the Clifton Hotel in a southerly direction for 44.2 metres. Operational 6pm to midnight and midnight to 8am.	Aligns the taxi bay provision with the proposed changes to the highway layout retaining the existing level of provision.

PART 2 — PARKING PLACES

(1) No.	(2) Road	(3) Extent	(4) Notes
ABI-6.1	Abingdon Street	North-eastern side from a point 35.6 metres north-west of the south-eastern building line to No.25 Talbot Road in a north-westerly direction for a distance of 19.4 metres. Pay and display parking bay operational 8am to 6pm. Waiting limited to 20, 30, 40, 50, 60 or 90 minutes and in all cases no return within 3 hours.	Aligns and extends the existing pay and display parking bay provision with the proposed changes to the highway layout.
ABI-6.2	Abingdon Street	South-western side from a point 8 metres north-west of the south-eastern building line to No.23 Talbot Road in a north-westerly direction for a distance of 20 metres. Pay and display parking bay operational 10am to 6pm. Waiting limited to 20, 30, 40, 50, 60 or 90 minutes and in all cases no return within 3 hours.	Aligns the existing pay and display parking bay provision with the proposed changes to the highway layout.
ABI-6.3	Abingdon Street	South-western side from a point 28 metres north-west of the south-eastern building line to No.23 Talbot Road in a north-westerly direction for a distance of 18 metres. Pay and display parking bay operational 8am to 6pm. Waiting limited to 20, 30, 40, 50, 60 or 90 minutes and in all cases no return within 3 hours.	Aligns and extends the existing pay and display parking bay provision with the proposed changes to the highway layout.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
TAL-7.1	Talbot Road	South-eastern side from a point 21 metres to the south-west of the property boundary of Nos. 36–38 and 42–44 Talbot Road in a south-westerly direction for a distance of 19.8 metres. At any time restricted to 3 hours only with no return within 6 hours.	Aligns the existing disabled parking provision with the proposed changes to the highway layout.
TAL-7.2	Talbot Road	South-eastern side from a point 40.8 metres to the south-west of the property boundary of Nos. 36–38 and 42–44 Talbot Road in a south-westerly direction for a distance of 33 metres. Operational between 8am to 6pm restricted to 3 hours only with no return within 6 hours.	Aligns disabled parking provision with the proposed changes to the highway layout.
TAL-7.3	Talbot Road	South-eastern side from a point 31.5 metres north-east of the building line to No.48 Talbot Road in a north-easterly direction for a distance of 13.2 metres. At any time restricted to 3 hours only with no return within 6 hours.	Aligns disabled parking provision with the proposed changes to the highway layout.
MAR-7.1	Market Street	Western side from a point 52.2 metres south of the northern building line to the Clifton Hotel in a southerly direction for 19.8 metres. Operational between 8am to 6pm restricted to 3 hours only with no return within 6 hours.	Aligns the existing disabled parking provision with the proposed changes to the highway layout. Two bays to be re-provided at the end of Corporation Street.
ABI-7.1	Abingdon Street	North-eastern side from a point 38 metres north-west of the southern building line of No.40 Abingdon Street in a north-westerly direction for a distance of 6.6 metres. At any time restricted to 3 hours only with no return within 6 hours.	Aligns the disabled parking provision with the proposed changes to the highway layout.
ABI-7.2	Abingdon Street	North-eastern side from a point 29 metres north-west of the south-eastern building line to No.25 Talbot Road in a north-westerly direction for a distance of 6.6 metres. At any time restricted to 3 hours only with no return within 6 hours.	Aligns the disabled parking provision with the proposed changes to the highway layout.
COR-7.1	Corporation Street	Part of the footway on the eastern side bounded on its western side by the eastern kerb line and having a width of 2 metres throughout from the northern building line of Nos. 36 to 40 Corporation Street in a southerly direction for a distance of 13.2 metres. At any time restricted to 3 hours only with no return within 6 hours.	Provides replacement spaces for those displaced from Market Street as a result of proposed changes to the highway layout.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
TAL-11.1	Talbot Road	Part of the footway on the north-western side bounded on its southern side by the northern kerb line and having a width of 2 metres throughout from a point 6 metres south-west of the north-eastern building line to the Sacred Heart Church in a south-westerly direction for a distance of 38 metres. Restricted to use by vehicles accessing services at the Sacred Heart Church.	To provide appropriate servicing provision for the Sacred Heart Church.
TAL-11.2	Talbot Road	Part of the footway on the north-western side bounded on its southern side by the northern kerb line and having a variable width throughout (maximum 3 metres) from a point 14 metres south-west of the property boundary of Nos. 67 and 69–71 Talbot Road in a north-easterly direction for a distance of 31 metres. Loading and unloading permitted 6:15pm to midnight and midnight to 10:30am restricted to 30 minutes only with no return within 1 hour.	To provide appropriate servicing provision, predominately for the Imperial Public House.
TAL-11.3	Talbot Road	South-eastern side from the property boundary of Nos. 36–38 and 42–44 Talbot Road in a south-westerly direction for a distance of 21 metres. Loading and unloading at any time restricted to 15 minutes only with no return within 30 minutes.	Aligns the existing loading bay provision with the proposed changes to the highway layout.
TAL-11.4	Talbot Road	South-eastern side from a point 4 metres north-east of the north-eastern building line to No.48 Talbot Road in a north-easterly direction for a distance 28 metres. Loading and unloading permitted at any time restricted to 15 minutes only with no return within 30 minutes.	Aligns the existing restriction with the proposed changes to the highway layout.

PART 3 — DIRECTION OF TRAFFIC

(1) No.	(2) Road	(3) Extent	(4) Notes
MAR-16.1	Market Street	One-way traffic in a southbound direction from its junction with Talbot Square to its junction with Church Street.	To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.
COR-16.1	Corporation Street	One-way traffic in a north-westbound direction from its junction with Church Street to its junction with Talbot Square.	To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.
CLI-16.1	Clifton Street	One-way traffic in an eastbound direction from its junction with Talbot Square/Corporation Street to its junction with Abingdon Street.	To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.
ABI-16.1	Abingdon Street	One-way traffic in a north-westbound direction from its junction with Clifton Street to its junction with Queen Street.	To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.
DEA-16.1	Deansgate	One-way traffic in a south-westbound direction from its junction with East Topping Street to its junction with Topping Street.	To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.
TOP-16.1	Topping Street	One-way traffic in a north-westbound direction from its junction with Deansgate to its junction with Talbot Road.	To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
TAS-20.06.01	Talbot Square	Ahead only in an eastbound direction at its junction with Talbot Road/Corporation Street/Clifton Street.	To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstructions.

PART 4 — VEHICULAR ACCESS

(1) No.	(2) Road	(3) Extent	(4) Notes
TAS-17.1	Talbot Square	Prohibition of driving 24 hours except tramcars, pedal cycles, emergency vehicles and with the consent of Blackpool Borough Council on the paved area of Talbot Square bounded on the western side by the eastern kerb line of Promenade, on the northern and eastern sides by the southern and eastern building line of No.10 Talbot Square (the Counting House Public House) respectively and on the southern side by the northern kerb line of Talbot Square.	To prevent hazardous traffic movements and vehicles encroaching on the tram route except authorised vehicles.
TAS-17.2	Talbot Square	Prohibition of driving 24 hours except tramcars, pedal cycles, emergency vehicles and with the consent of Blackpool Borough Council on the paved area of Talbot Square bounded on the western and northern sides by the western and southern building line of Nos. 1 to 5 Talbot Square respectively, on the eastern side by the south-western building line of Nos. 7 and 9 Talbot Square and on the southern side by the northern kerb line of the Talbot Square.	To prevent hazardous traffic movements and vehicles encroaching on the tram route except authorised vehicles.
TAL-17.1	Talbot Road	Prohibition of driving 24 hours except tramcars, pedal cycles and emergency vehicles on the north-eastern side of the carriageway from its junction with Talbot Square in a north-easterly direction to the south-western side of the private means of access to the Sacred Heart Church.	To prevent hazardous traffic movements and vehicles encroaching on the tram route except authorised vehicles.
TAL-17.2	Talbot Road	Prohibition of driving 24 hours except tramcars, pedal cycles, emergency vehicles and for access to the on footway loading bay to the Sacred Heart Church when approached from the north-east direction the north-eastern side of the carriageway from the north-eastern side of the private means of access to the Sacred Heart Church to its junction with Abingdon Street.	To prevent hazardous traffic movements and vehicles encroaching on the tram route except authorised vehicles.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
TAS-20.02.1	Talbot Square	No entry except tramcars, pedal cycles, emergency vehicles and, with the consent of Blackpool Borough Council, any other vehicle in an easterly direction onto the paved area of Talbot Square (to the east of Promenade) bounded on the western side by the eastern kerb line of Promenade, on the northern, and eastern sides by the southern and eastern building line of No.10 Talbot Square (the Counting House Public House) respectively and on the southern side by the northern kerb line of Talbot Square.	To prevent hazardous traffic movements and vehicles encroaching on the tram route.
TAS-20.02.2	Talbot Square	No entry in a northerly direction onto the Strand from Talbot Square.	To prevent hazardous traffic movements and vehicles encroaching on the tram route.
TAS-20.02.3	Talbot Square	No left turn from Talbot Square onto Talbot Road.	To prevent hazardous traffic movements.
TAS-20.02.4	Talbot Square	No right turn from Talbot Square onto Corporation Street.	To prevent hazardous traffic movements.
TAL-20.02.1	Talbot Road	No entry except tramcars, pedal cycles, emergency vehicles and, with the consent of Blackpool Borough Council, any other vehicle in a south-westerly direction onto the paved area of Talbot Square bounded on the western and northern sides by the western and southern building line of Nos. 1 to 5 Talbot Square respectively, on the eastern side by the south-western building line of Nos. 7 and 9 Talbot Square and on the southern side by the northern kerb line of the Talbot Square carriageway.	To prevent hazardous traffic movements and vehicles encroaching on the tram route.
TAL-20.02.2	Talbot Road	No left turn from the private means of access to the Sacred Heart Church onto Talbot Road.	To prevent hazardous traffic movements and vehicles encroaching on the tram route.
TAL-20.02.3	Talbot Road	No right turn from Talbot Road onto Topping Street.	To prevent hazardous traffic movements.
TAL-20.02.4	Talbot Road	No entry except tramcars in a north-easterly direction onto the tramway (Work No.1) to the north-east of Talbot Road at its junction with Dickson Road and Topping Street.	To prevent hazardous traffic movements and vehicles encroaching on the tram route.
ABI-20.02.1	Abingdon Street	No right turn from Abingdon Street onto Talbot Road except buses, taxis, pedal cycles and access for servicing.	To maintain vehicular flow.
COO-20.02.1	Cookson Street	No left turn from Cookson Street onto Talbot Road except for buses, taxis and pedal cycles.	To maintain vehicular flow.
DEA-20.02.1	Deansgate	No right turn from Deansgate onto Cookson Street.	To maintain vehicular flow.
DEA-20.02.2	Deansgate	No left turn from the service access to Nos. 2 to 10 Topping Street onto Deansgate.	To maintain vehicular flow.

SCHEDULE 7 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc., on land acquired

1

Subject to the following provisions of this Schedule, sections 271 to 274[^f00068] (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 acquired under this Order, or which is held by the promoter and is appropriated or used (or about to be used) by it for the purposes of the Order, 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 sections 271 and 272, and sections 279(2) to (4), 280 and 282[^f00069], which provide for the payment of compensation) have effect accordingly.

2

In the provisions of the 1990 Act, as applied by paragraph 1, references to the appropriate Minister are references to the Secretary of State.

3

Where any apparatus of public utility undertakers or of a public communications provider 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 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 promoter compensation in respect of expenditure reasonably incurred by the 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

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 promoter compensation in respect of expenditure reasonably incurred by the owner or occupier, in consequence of the removal, for the purpose of making the owner or occupier’s drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

5

In this Schedule—

• “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003[^f00070]; and

• “public utility undertakers” has the same meaning as in the 1980 Act[^f00071].

Signed

Signed by the authority of the Secretary of State

Natasha Kopala — Head of the Transport and Works Act Orders Unit — Department for Transport — 14th December 2017

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Blackpool Borough Council to construct and operate an extension to the existing Blackpool Tramway. The extension will run along Talbot Road from North Pier to Blackpool North railway station. For the purpose of the extension, the Order authorises the Council, compulsorily or by agreement, to acquire land and rights in land and to use land. It contains a number of protective provisions for the benefit of affected undertakings.

This Order also makes provision in connection with the operation and maintenance of the existing Blackpool Tramway and accordingly provides for the repeal of certain provisions in the County of Lancashire Act 1984 under which the operation and maintenance of the existing Tramway is authorised.

A copy of the deposited plans, the book of reference and the traffic regulation plan mentioned in this Order and certified in accordance with article 63 (certification of plans, etc.) of this Order, may be inspected free of charge during working hours at the offices of Blackpool Borough Council at 1 Bickerstaffe Street, Blackpool FY1 1NF.

Footnotes

[^f00001]: S.I. 2006/1466, amended by S.I. 2010/439, S.I. 2011/556, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2012/2590, S.I. 2013/755 and S.I. 2017/1070.

[^f00002]: 1992 c. 42. Section 1 was amended by the Planning Act 2008 (c. 29), Schedule 2, paragraphs 51 and 52; 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]: 1989 c. 29.

[^f00010]: 1984 c. xxi.

[^f00011]: 1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.

[^f00012]: 1964 c. 40.

[^f00013]: 1839 c. 45.

[^f00014]: 1861 c. 100.

[^f00015]: As amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the New Roads and Street Works Act 1991 (c. 22).

[^f00016]: Sections 54, 55, 57, 60, 68 and 69 were amended by sections 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00017]: As also amended by section 49(1) of the Traffic Management Act 2004.

[^f00018]: As also amended by sections 49(2) and 51(9) of the Traffic Management Act 2004.

[^f00019]: As also amended by section 52(3) of the Traffic Management Act 2004.

[^f00020]: As amended by section 42 of the Traffic Management Act 2004.

[^f00021]: 1984 c. xxi.

[^f00022]: S.I. 1999/1026.

[^f00023]: 1984 c. xxi.

[^f00024]: As amended by paragraph 47 of Part 2 of Schedule 8 to the New Roads and Streets Works Act 1991 (c. 22).

[^f00025]: 1991 c. 56. Section 106 was amended by sections 35(1) and (8) and 43(2) 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).

[^f00026]: S.I. 2016/1154.

[^f00027]: 1964 c. 40.

[^f00028]: 1991 c. 57.

[^f00029]: 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.

[^f00030]: Section 90(2A) was inserted by section 16(1) of the Transport and Works Act 1992 (c. 42).

[^f00031]: 1979 c. 46.

[^f00032]: 1981 c. 67.

[^f00033]: As inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

[^f00034]: S.I. 2017/1214.

[^f00035]: As inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00036]: As inserted by paragraph 3 of Schedule 3 to the Housing and Planning Act 2016 (c. 22).

[^f00037]: 1981 c. 66.

[^f00038]: As inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22).

[^f00039]: As inserted by section 202(2) of the Housing and Planning Act 2016 (c. 22).

[^f00040]: As amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016 (c. 22).

[^f00041]: As amended by paragraph 3 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).

[^f00042]: As inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).

[^f00043]: 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.

[^f00044]: Section 4 was amended by section 184 and 185 of, and paragraph 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016 (c. 22).

[^f00045]: 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.

[^f00046]: Section 13 was amended by sections 62(3) and 139 of, and paragraph 27 and 28 of Schedule 13, and Part 3 of Schedule 23, to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00047]: 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 (2006 No 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00048]: Section 272 was amended by paragraph 103(1) and (2) of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00049]: 1981 c. 66. Section 4 was amended by sections 184 and 185 of, and paragraphs 1 and 2 of Part 1 of Schedule 18 to, the Housing and Planning Act 2016 (c. 22).

[^f00050]: 1994 c. 22.

[^f00051]: As amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(1) of, and paragraph 39 of Schedule 8 to, the 1991 Act.

[^f00052]: 2003 c. 20.

[^f00053]: 1981 c. 14.

[^f00054]: 1985 c. 67.

[^f00055]: 1981 c. 14. Section 25(3) was amended by sections 37 and 46 of the Criminal Justice Act 1982 (c. 48).

[^f00056]: 1990 c. 43.

[^f00057]: Section 79(1) was amended by section 2(2) of the Noise and Statutory Nuisance Act 1993, section 120 of, and paragraph 2(a) of Schedule 17 and paragraph 89(2) of Schedule 22 to, the Environment Act 1995, sections 101(2) and 102(2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) and sections 109(2), 110(2), 111(2) and 112(2)(a) of the Public Health etc. (Scotland) Act 2008 (asp. 5).

[^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 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), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00063]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

[^f00064]: Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016 (c. 22).

[^f00065]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraph 4 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).

[^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 (c. 34) and S.I. 2009/1307.

[^f00068]: Sections 272 to 274 were amended by paragraph 103(1) and (2) of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00069]: Section 279(3) was amended by paragraph 103(1) and (2), and section 280 was amended by paragraph 104, of Schedule 17 to the Communications Act 2003. Sections 280 and 282 were amended by S.I. 2009/1307.

[^f00070]: 2003 c. 21.

[^f00071]: 1980 c. 66. “Public utility undertakers” was amended by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c. 15) and section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29).