The Midland Metro (Birmingham Eastside Extension) Order 2020

Power to operate and use tramway system

41

• (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 (powers of disposal agreements for operation etc.) of the 1989 Act (as applied by article 4 (application of the Midland Metro Acts)), the Authority has, for the purpose of operating the authorised tramway, the exclusive right—

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

42

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

43

• (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 44 (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 traffic authorities as to placing of traffic signs)[^f00065] 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 street 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 street tramway.

• (5) Tramcars are taken to be public service vehicles for the purposes of section 122(2)(c) (exercise of functions by strategic highway companies or 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

44

• (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 plans—

• (a) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles in the manner specified in Part 1 of Schedule 8 (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 8 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 8 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;

• (d) make provision as to pedal cycle movements in the manner specified in Part 4 of Schedule 8 on the roads specified in column (2) and along the lengths and between the points specified in column (3) to that Part of that Schedule;

• (e) make provision as to parking in the manner specified in Part 5 of Schedule 8 on the roads specified in column (2) and along the lengths and between the points specified in column (3) to that Part of that Schedule; and

• (f) 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—

• (a) given not less than 12 weeks’ notice in writing of its intention to do so to the chief officer of the police and to the traffic authority in whose area the road is situated; and

• (b) advertised its intention in such manner as the traffic authority may, within 28 days of its receipt of notice of the Authority’s intention, specify in writing.

• (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 8) 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, suspended 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

45

Planning permission which is deemed by a direction under section 90(2A)[^f00066] (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.

46

The provisions of Schedule 9 (provisions relating to statutory undertakers, etc.) have effect.

Minerals

47

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 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

48

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

Disclosure of confidential information

49

A person who—

• (a) enters a factory, workshop or workplace under the provisions of article 22 (works to safeguard buildings and the operation of the authorised tramway) or article 23 (power to survey and investigate land, etc.); and

• (b) discloses to any person any information obtained as a result of that entry 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

50

• (1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990[^f00067] in relation to a nuisance falling within paragraph (g) of section 79(1)[^f00068] (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 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 61[^f00069] (prior consent for work on construction sites) of the Control of Pollution Act 1974[^f00070]; 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.

51

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 plans to the Secretary of State for certification that they are respectively true copies of the book of reference, the works and land plans and the traffic regulation plans 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

52

• (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 (reference to service by post) of the Interpretation Act 1978[^f00071] 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.

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.

Repeal relating to the 1989 Act

54

In section 15 of the 1989 Act omit subsection (5).

For protection of railway interests

55

The provisions of Schedule 10 (for the protection of railway interests) have effect.

For protection of the Environment Agency

56

The provisions of Schedule 11 (for the protection of the Environment Agency) have effect.

SCHEDULE 1 — SCHEDULED WORKS

In the City of Birmingham—

(1) Number of Work	(2) Description of Work
Work No. 1	A tramway 320 metres in length (double line) commencing at a junction with the existing tramway authorised by the 2005 Order at the junction of Bull Street and Corporation Street and running south-east along Bull Street, before turning east at the junction with Dale End to run through land currently occupied by buildings at 1 to 7 Kings Parade, continuing along New Meeting Street and Albert Street before terminating at a point at the back of the footway on the south-west bound carriageway of Moor Street Queensway at its junction with Albert Street. Work No. 1 includes the construction of an underground chamber for the purposes of creating a track paralleling hut at the junction of Corporation Street and Lower Bull Street, the construction of a new retaining wall on Corporation Street, and the regrading of a section of Moor Street Queensway for a distance of 90 metres north and 45 metres south of its junction with Albert Street.
Work No. 2	A tramway 397 metres in length (double line) commencing at the termination of Work No. 1 and running in a north-easterly direction across land forming part of Eastside City Park before turning south to join New Canal Street, terminating at the northern side of the railway viaduct over New Canal Street 30 metres north of the junction with Fazeley Street. Work No. 2 includes the creation of a new highway access between the Clayton Hotel and Masshouse Lane and highway alterations in front of the hotel including the construction of a new footway 110 metres in length.
Work No. 3	A tramway 512 metres in length (double line) commencing at the termination of Work No. 2 passing beneath the railway viaduct and running along New Canal Street, continuing along Meriden Street to terminate at the junction of Meriden Street and Digbeth. Work No. 3 includes the partial demolition of buildings to enable the creation of a new section of highway at the corner of Meriden Street and Digbeth High Street, and the installation of an electricity sub-station and electricity cabinets on land off Meriden Street.
Work No. 4	A tramway 428 metres in length (double line) commencing at the termination of Work No. 3 and running south-east along Digbeth High Street to terminate at a point on High Street Deritend at the junction with Gibb Street. Work No. 4 includes alterations to the junction of Alcester Street and High Street Deritend involving accommodation works for the realignment of the highway.

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 kerb line

LB – Creation of parking bay(s), bus layby, taxi rank or service bay

In the City of Birmingham—

(1) Streets subject to alteration of layout	(2) Description of alteration
Corporation Street	Realign the street between RS01 to RS02 to accommodate the new track alignment and tie in with Birmingham city centre extension scheme.
Corporation Street	Realign the street between RS03 to RS04 to accommodate the revised junction with Bull Street.
Bull Street	Realign the street between RS05 and RS06 to accommodate the new track alignment, the tie in to Birmingham city centre extension scheme and the revised junction with Corporation Street.
Bull Street	Realign the street between RS07 and RS08 to accommodate the new track alignment.
Bull Street	Widen the street between WS01 and WS02 to accommodate the new tracks and revised junction layout with Corporation Street.
Bull Street	Widen the street between WS03 and WS04 to accommodate the new tracks, revised junction layout with Corporation Street and a cycle lane.
Corporation Street	Widen the street between WS05 and WS06 to accommodate the new tracks and revised junction layout with Corporation Street.
Bull Street	Construct bus layby between LB01 and LB02 on the south side of Bull Street to relocate the existing bus layby away from the junction of Bull Street and Corporation Street.
Bull Street	Widen the street between WS07 and WS08 to accommodate the new tracks and the altered junction with High Street.
Dale End	Realign the street between RS09 to RS10 to accommodate the revised junction with Bull Street.
Dale End	Construct disabled parking bays and taxi rank between LB03 and LB04 on the west side of Dale End to relocate the existing taxi rank away from the junction of Bull Street, Dale End and High Street.
Dale End	Construct disabled parking bays between LB05 and LB06 on the east side of Dale End to relocate the existing disabled bays from Albert Street and New Meeting Street.
Dale End	Widen the street between WS09 and WS10 to accommodate the new tracks and the altered junctions with Dale End and Albert Street.
High Street	Realign the street between RS11 to RS12 to accommodate the revised junction with Bull Street.
New Meeting Street	Realign the street between RS13 to RS14 to accommodate the new track alignment.
New Meeting Street	Widen the street between WS11 and WS12 to accommodate the new tracks and the altered junctions with Dale End and Albert Street.
New Meeting Street	Construct disabled parking bays between LB07 and LB08 on the south side of New Meeting Street.
New Meeting Street	Construct disabled parking bays between LB09 and LB10 on the south side of New Meeting Street.
New Meeting Street	Construct bus layby between LB11 and LB12 on the north side of New Meeting Street.
New Meeting Street	Construct bus layby between LB13 and LB14 on the south side of New Meeting Street.
Albert Street	Realign the street between RS15 and RS16 to accommodate the new tracks, tram stop and the revised junction layout with Moor Street Queensway (B4100).
Albert Street	Widen the street between WS13 and WS14 to accommodate the new tracks, tram stop and the revised junction layout with Moor Street Queensway (B4100).
Albert Street	Widen the street from Albert Street to Moor Street Queensway between WS15 and WS16 to accommodate the new tracks, tram stop and the revised junction layout with Moor Street Queensway (B4100).
Moor Street Queensway (B4100)	Realign the street between RS17 to RS18 to accommodate the revised junction with Albert Street.
Moor Street Queensway (B4100)	Realign the street between RS19 to RS20 to accommodate the revised junction with Albert Street.
Moor Street Queensway (B4100)	Construct a bus layby between LB15 and LB16 on the west side of Moor Street Queensway (B4100) to relocate the existing bus layby away from the junction of Albert Street and Moor Street Queensway (B4100).
Albert Street	Realign the street between RS21 and RS22 from Moor Street Queensway (B4100) to the junction with Park Street to accommodate the new track alignment, road vehicles, buses and pedestrians. There will also be provisions for a bus layby on the southern side of the street.
Albert Street	Widen the street between WS17 and WS18 to accommodate the new tracks and the revised junction layout with Moor Street Queensway (B4100) and Masshouse Lane.
Albert Street	Widen the street between WS19 and WS20 to accommodate the new tracks, carriageway and the revised junction layout with Moor Street Queensway (B4100).
Park Street	Realign the street between RS23 to RS24 to accommodate the revised junction with Masshouse Lane.
Park Street	Widen the street between WS21 and WS22 to accommodate the new tracks and new junction layout with Masshouse Lane.
Park Street	Widen the street between WS23 and WS24 to accommodate the new tracks, carriageway and the revised junction layout with Masshouse Lane.
Masshouse Lane	Realign the street between RS25 to RS26 to accommodate the revised junction with Park Street.
Masshouse Lane	Widen the street between WS25 and WS26 to accommodate the revised junction with Park Street.
New Canal Street	Realign the street between RS27 and RS28 to accommodate the new track alignment.
New Canal Street	Widen the street between WS27 and WS28 to accommodate the new tracks and the revised junction layout with Fazeley Street.
New Canal Street	Widen the street between WS29 and WS30 to accommodate the new tracks and the revised junction layout with Fazeley Street.
New Bartholomew Street	Realign the street between RS29 to RS30 to accommodate the revised junction with New Canal Street.
Fazeley Street	Realign the street between RS31 to RS32 to accommodate the revised junction with New Canal Street.
New Canal Street	Realign the street between RS33 to RS34 to accommodate the new tracks, a tram stop and new footway.
New Canal Street	Narrow the street between NS01 and NS02 to accommodate a tram platform on the west side of New Canal Street between the junction with Fazeley Street and Bordesley Street.
New Canal Street	Widen the street between WS31 and WS32 to accommodate the new tracks and tram stop.
Bordesley Street	Realign the street between RS35 to RS36 to accommodate the revised junction with New Canal Street.
Bordesley Street	Realign the street between RS37 to RS38 to accommodate the revised junction with New Canal Street.
Meriden Street	Realign the street between RS39 to RS40 to accommodate the new track alignment.
Meriden Street	Widen the street between WS33 and WS34 to accommodate the new tracks alignment.
Meriden Street	Widen the street between WS35 and WS36 to accommodate the new tracks alignment.
Coventry Street	Realign the street between RS41 to RS42 to accommodate the revised junction with Meriden Street.
Coventry Street	Realign the street between RS43 to RS44 to accommodate the revised junction with Meriden Street.
Meriden Street	Realign the street between RS45 to RS46 to accommodate new tracks and the revised junction with Digbeth.
Meriden Street	Widen the street between WS37 and WS38 to accommodate the new tracks.
Meriden Street	Widen the street between WS39 and WS40 to accommodate the new tracks.
Meriden Street	Widen the street between WS41 and WS42 to accommodate the new tracks, the revised junction with Digbeth and a new footway.
Meriden Street	Narrow the street between NS03 and NS04 to accommodate the revised junction with Digbeth.
Digbeth	Realign the street between RS47 to RS48 to accommodate new tracks and the revised junction with Meriden Street.
Digbeth	Widen the street between WS43 and WS44 to accommodate the revised junction with Meriden Street.
Digbeth	Realign the street between RS49 to RS50 to accommodate new tracks and the revised junctions with Meriden Street, Mill Lane, Oxford Street and Rea Street.
Digbeth	Widen the street between WS45 and WS46 to accommodate the new track and the revised junction with Mill Lane.
Digbeth	Widen the street between WS47 and WS48 to accommodate the new track and the revised junction with Oxford Street.
Mill Lane	Realign the street between RS51 to RS52 to accommodate the revised junction with High Street Deritend.
Oxford Street	Realign the street between RS53 to RS54 to accommodate the revised junction with High Street Deritend.
Digbeth	Widen the street between WS49 and WS50 to accommodate the new track and the revised junction with Mill Lane and the revised junction with Rea Street.
Digbeth	Widen the street between WS51 and WS52 to accommodate the new track and the revised junction with Oxford Street and the revised junction with Milk Street.
Rea Street	Realign the street between RS55 to RS56 to accommodate the revised junction with High Street Deritend.
Milk Street	Realign the street between RS57 to RS58 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Widen the street between WS53 and WS54 to accommodate the new track and the revised junction with Rea Street.
High Street Deritend	Narrow the street between NS05 and NS06 to remove the existing layby and accommodate new track.
High Street Deritend	Widen the street between WS55 and WS56 to accommodate the new track and the revised junction with Stone Yard.
High Street Deritend	Widen the street between WS57 and WS58 to accommodate the new track, a tram stop, the revised junction with Milk Street and the revised junction with Floodgate Street.
Floodgate Street	Realign the street between RS59 to RS60 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Realign the street between RS61 to RS62 to accommodate new tracks, a tram stop and the revised junctions with Milk Street, Floodgate Street, Stone Yard, Chapel House Street and Gibb Street.
High Street Deritend	Widen the street between WS59 and WS60 to accommodate the new track and the revised junction with Floodgate Street.
High Street Deritend	Narrow the street between NS07 and NS08 to remove the existing layby and accommodate new track.
High Street Deritend	Widen the street between WS61 and WS62 to accommodate the new track and the revised junction with Gibb Street.
Stone Yard	Realign the street between RS63 to RS64 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Widen the street between WS63 and WS64 to accommodate the new tracks and the revised junctions with Stone Yard and Chapel House Street.
Chapel House Street	Realign the street between RS65 to RS66 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Widen the street between WS65 and WS66 to accommodate the new tracks and the revised junctions with Chapel House Street and Alcester Street.
Gibb Street	Realign the street between RS67 to RS68 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Widen the street between WS67 and WS68 to accommodate the new tracks and the revised junctions with Gibb Street and Heath Mill Lane.
Heath Mill Lane	Realign the street between RS69 to RS70 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Realign the street between RS71 to RS72 to accommodate the new tracks and the revised junctions with Heath Mill Lane and Alcester Street.
High Street Deritend	Widen the street between WS69 and WS70 to accommodate the new tracks and the revised junction with Heath Mill Lane.
Alcester Street	Realign the street between RS73 to RS74 to accommodate the revised junction with High Street Deritend.
High Street Deritend	Realign the street between RS75 to RS76 to accommodate the revised highway layout.
High Street Deritend	Widen the street between WS71 and WS72 to accommodate the revised highway layout and the junction with Alcester Street.
High Street Deritend	Narrow the street between NS09 and NS10 to remove the existing layby and accommodate the new tracks.

SCHEDULE 3 — STREETS TO BE STOPPED UP

PART 1 — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted
City of Birmingham	Albert Street	ST01 to ST02 between its junction with Dale End and New Meeting Street.	New section of street created by widening New Meeting Street between the junction of Bull Street/Dale End/High Street and the existing New Meeting Street.
City of Birmingham	Park Street	ST03 to ST04 at its junction with Fazeley Street in a northerly direction for a distance of 30 metres.	New section of street created by widening the retained Park Street between Masshouse Lane and Albert Street, looping back to Masshouse Lane.

PART 2 — STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up
City of Birmingham	Seymour Street	ST05 to ST06 between its junction with Park Street and the car park (west of junction).
City of Birmingham	New Canal Street	ST07 to ST08 at its junction with Banbury Street in a southerly direction for a distance of 30 metres.

SCHEDULE 4 — STREETS TO BE TEMPORARILY STOPPED UP

In the City of Birmingham—

(1) Street affected	(2) Extent of stopping up
Bull Street	Between its junction with the Birmingham city centre extension and Dale End/High Street.
Corporation Street	At its junction with Bull Street.
Dale End	At its junction with Bull Street.
High Street	At its junction with Bull Street.
Albert Street	Between its junction with Dale End and Moor Street Queensway (B4100).
New Meeting Street	At its junction with Albert Street.
Moor Street Queensway (B4100)	Between its junction with Albert Street and Masshouse Lane.
Albert Street	Between its junction with Moor Street Queensway and Park Street (B4114).
Park Street (B4114)	Between its junction with Fazeley Street and Masshouse Lane.
Fazeley Street	Between its junction with Park Street and New Canal Street.
New Canal Street	Between its junction with Banbury Street and Bordesley Street.
New Bartholomew Street	At its junction with Fazeley Street.
Bordesley Street	At its junction with New Canal Street.
Meriden Street	Between its junction with Bordesley Street and High Street Deritend (B4100).
Coventry Street	At its junction with Meriden Street.
High Street Deritend (B4100)	Between its junction with Allison Street and Adderley Street.
Mill Lane	At its junction with High Street Deritend.
Oxford Street	At its junction with High Street Deritend.
Rea Street	At its junction with High Street Deritend.
Milk Street	At its junction with High Street Deritend.
Floodgate Street	At its junction with High Street Deritend.
Stone Yard	At its junction with High Street Deritend.
Chapel House Street	At its junction with High Street Deritend.
Gibb Street	At its junction with High Street Deritend.
Heath Mill Lane	At its junction with High Street Deritend.
Alcester Street	At its junction with High Street Deritend.
Adderley Street	At its junction with High Street Deritend.

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 1961 Act has effect subject to the 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 purpose 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 5 to the Midland Metro (Birmingham Eastside Extension) Order 2020[^f00072] (“the 2020 Order)), (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 5 to the 2020 Order) to acquire an interest in the land, and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00073] 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 of the 1965 Act, as applied by article 29 (application of Part 1 of the 1965 Act) to the acquisition of land under article 28 (power to acquire land), applies to the compulsory acquisition of a right by the creation of a new right under article 31(1) (power to acquire new rights)—

• (a) with the modification 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 the 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 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 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.

• (5) Section 11[^f00074] (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has 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 29(1)), it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right; and sections 11A[^f00075] (powers of entry: further notices of entry), 11B[^f00076] (counter-notice requiring possession to be taken on specified date), 12[^f00077] (penalty for unauthorised entry) and 13[^f00078] (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

• (6) Section 20[^f00079] (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 29(7) 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 to the 1965 Act substitute—

SCHEDULE2A (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory. (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 their 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 decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the acquiring authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serve 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 proposed use of the right, 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 they 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. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 6 — ACQUISITION OF NEW RIGHTS ONLY

In the City of Birmingham—

(1) Description	(2) Number of land shown on works and land plans
2,467 square metres of offices, shops and premises (1-9 Temple Row, 71 and 91-99 Corporation Street, 78-86 Bull Street and 3-9 North Western Arcade).	1
3,979 square metres of shop and premises (90-122 Corporation Street, 18-19 Bull Street, 2-14 and 25 Dalton Way, 5-11 Priory Walk and 15-23 Priory Walk).	5
10,690 square metres of shops and premises (1-35 Martineau Place, 44-80 Corporation Street, 89-102 Bull Street, 4-19 Union Street, 63-69 High Street and Martineau Way).	7
643 square metres of shops and premises (56-58 High Street).	10
588 square metres of offices and premises (12-26 Albert Street).	22
176 square metres of offices and premises (28-38 Albert Street).	23
6,212 square metres of car park (31 Dale End and High Street Car Park).	26

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

In the City of Birmingham—

(1) Location	(2) Number of land shown on works boundary	(3) Purpose for which temporary possession may be taken	(4) Authorised work
Albert Street	17	Stopping up existing highway and replacing with landscaped area.	Work No. 1
Albert Street	18	Stopping up existing highway and replacing with landscaped area.	Work No. 1
Albert Street	28	Construction compound.	Work No. 1
Albert Street	27	Highway works alterations to car park access.	Work No. 1
Eastside Park	50	Temporary construction area.	Work No. 2
New Canal Street	59	Construction compound.	Work No. 3
New Canal Street	60	Construction compound.	Work No. 3
New Canal Street	63	Temporary construction area.	Work No. 3
Meriden Street	74	Temporary construction area.	Work No. 3
Meriden Street	76	Temporary construction area (building alteration).	Work No. 3
Meriden Street	77	Temporary construction area (building alteration).	Work No. 3
Meriden Street	78	Temporary construction area (demolition).	Work No. 3
High Street Deritend	84	Temporary construction area.	Work No. 4
High Street Deritend	86	Temporary construction area.	Work No. 4
Adderley Street	93	Construction compound.	Work No. 4

SCHEDULE 8 — 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 plans. 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 plans, this Schedule prevails.

PART 1 — STOPPING, WAITING OR UNLOADING

In the City of Birmingham—

(1) No.	(2) Road	(3) Extent	(4) Notes
1.1	Dale End	On both sides of the street from a point 10 metres from the junction with Albert Street, north for a distance of 35 metres.
1.2	Mill Lane	On both sides of the street from the junction with Digbeth, south for a distance of 30 metres.
1.3	Oxford Street	On both sides of the street from the junction with Digbeth, north for a distance of 25 metres.
1.4	Milk Street	On both sides of the street from the junction with High Street Deritend, north for a distance of 20 metres.
1.5	Floodgate Street	On both sides of the street from the junction with High Street Deritend, north for a distance of 20 metres.
1.6	Gibb Street	On both sides of the street from the junction with High Street Deritend, north for a distance of 25 metres.
1.7	Heath Mill Lane	On both sides of the street from the junction with High Street Deritend, north for a distance of 30 metres.
1.8	Adderley Street	On both sides of the street from the junction with High Street Deritend, north for a distance of 20 metres.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
2.1	Bull Street	On both the east and west side of the street from the junction with Corporation Street, north for a distance of 50 metres.
2.2	Corporation Street	On both the east and west side of the street from the junction with Bull Street, south for a distance of 60 metres.
2.3	Bull Street	On both the north and south side of the street from the junction with Corporation Street and the junction with Dale End/High Street.	Bus stands located on the southern side of Bull Street from the junction of High Street, north for 80 metres.
2.4	High Street	On both the east and west side of the street between the junction with Carrs Lane and Bull Street.	Bus stands located to the west of High Street set back 15 metres from the junction of Bull Street/Dale End going south 35 metres. Removes 3 disabled parking bays on the east side of High Street.
2.5	New Meeting Street	On both the north and south side of the street between Dale End and the junction with Albert Street.
2.6	Albert Street	On both the north and south side of the street between the junction with New Meeting Street and Moor Street Queensway (B4100).
2.7	Moor Street Queensway (B4100)	On both the east and west side of the street, starting 20 metres to the south of the existing junction with Albert Street for a distance of 140 metres north along the street.	Relocating 3 bus stands located on the west side of the street, to the north of the junction with Albert Street. Remove bus stand on the east side of the street.
2.8	Albert Street	On both the north and south side of the street between the junction with Moor Street Queensway and the junction with Park Street.
2.9	Park Street	On both the north and south side of the street from between the junction with Albert Street and the junction with Masshouse Lane.
2.10	Masshouse Lane	On both the north and south side of the street starting 40 metres east of the junction of Masshouse Lane and Moor Street Queensway to the junction with Park Street.
2.11	Fazeley Street	On the north side of the street for a distance of 15 metres north from the junction of New Canal Street and Fazeley Street.
2.12	New Bartholemew Street	On both the north and south side of the street for a distance of 5 metres from its junction with Fazeley Street.
2.13	New Canal Street	On both the east and west side of the street between the junction with Fazeley Street and the junction with Bordesley Street.
2.14	Bordesley Street	On the north side of the street for a distance of 20 metres east of the junction of New Canal Street/Meriden Street.
2.15	Meriden Street	On both the east and west side of the street between the junction with Bordesley Street and the junction with Coventry Street.
2.16	Meriden Street	On both the east and west side of the street from the junction of Coventry Street to the junction with Digbeth.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
3.1	Corporation Street	On both the east and west side of the street for a distance of 45 metres from the junction with Bull Street.
3.2	Masshouse Lane	On both the east and west side of the street starting 75 metres east of the junction of James Watt Queensway/Moor Street Queensway/Jennens Road to the junction with Park Street.
3.3	Fazeley Street	On both the north and south side of the street for a distance of 15 metres east from the junction with New Canal Street.
3.4	Bordesley Street	On both the north and south side of the street for a distance of 35 metres west from the junction with New Canal Street.
3.5	Bordesley Street	On the south side of the street for a distance of 30 metres east from the junction with New Canal Street.
3.6	Coventry Street	On both the south and north side of the street for a distance of 20 metres west of the junction with Meriden Street and 15 metres east of the junction with Meriden Street.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
4.1	Digbeth/High Street Deritend	On the north side of the street from the junction with Allison Street to a distance of 140 metres east of Adderley Street.
4.2	Digbeth/High Street Deritend	On the south side of the street from the junction with Moat Lane gyratory to a distance of 140 metres east of Adderley Street.
4.3	Rea Street	On both the east and west side of the street for a distance of 25 metres south of the junction with High Street Deritend.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
5.1	Alcester Street	On both the east and west side of the street for a distance of 25 metres south from the junction with High Street Deritend.

PART 2 — DIRECTION OF VEHICULAR TRAFFIC

In the City of Birmingham—

(1) No.	(2) Road	(3) Extent	(4) Notes
6.1	Corporation Street	One way traffic in northbound direction from the junction with Bull Street to the junction with Old Square.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
7.1	Bull Street	One way traffic in the northbound direction between the junction of Corporation Street and Dale End/High Street.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
8.1	Albert Street	One way traffic in the westbound direction between the junction with Park Street and Moor Street Queensway.
8.2	Park Street	One way traffic in the westbound direction between the junction with Masshouse Lane and Albert Street.
8.3	Park Street	One way traffic in the eastbound direction between the junction with Albert Street and Masshouse Lane.

PART 3 — PROHIBITION OF VEHICULAR TRAFFIC

In the City of Birmingham—

(1) No.	(2) Road	(3) Extent	(4) Notes
9.1	Bull Street	Prohibition 24 hours except tramcars, pedal cycles, access to off-street areas, access to onstreet loading from its junction with Temple Row to its junction with Corporation Street.
9.2	Corporation Street	Prohibition 24 hours except tramcars, pedal cycles, access to off-street areas, access to onstreet loading, access from Burlington/Britannia Hotels, access from Stephenson Street drop off point from its junction with Stephenson Place to its junction with Bull Street.
9.3	Bull Street	Prohibition 24 hours except tramcars, buses and pedal cycles from its junction with Dale End/High Street in a northerly direction to its junction with Corporation Street.
9.4	Albert Street	Prohibition 24 hours except buses.
9.5	Albert Street	Prohibition 24 hours except tramcars.
9.6	Park Street	Prohibition 24hrs except tramcars.
9.7	New Canal Street	Prohibition 24 hours except tramcars from its junction with Fazeley Street, north for a distance of 65 metres.
9.8	Digbeth/High Street Deritend	Prohibition 24 hours except tramcars from its junction with Meriden Street to its junction with Rea Street.
9.9	Digbeth/High Street Deritend	Prohibition 24 hours except tramcars from its junction with Rea Street to its junction with Heath Mill Lane.
9.10	High Street Deritend	Prohibition 24 hours except buses, hackney carriages and pedal cycles eastbound nearside lane starting 25 metres east of the junction with Adderley Street for a distance of 100 metres.
9.11	High Street Deritend	Prohibition 24 hours except buses, hackney carriages and pedal cycles westbound nearside lane starting 130 metres east of the junction with Adderley Street for a distance of 140 metres.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
10.1	Corporation Street	No right turn from Corporation Street onto Bull Street except tramcars and pedal cycles.
10.2	Bull Street	No left turn from Bull Street onto Corporation Street except tramcars and pedal cycles.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
11.1	New Canal Street	No overtaking in both directions from its junction with Fazeley Street to its junction with Bordesley Street.
11.2	Meriden Street	No overtaking in both directions from its junction with Bordesley Street to its junction with Coventry Street.

PART 4 — PEDAL CYCLE MOVEMENTS

In the City of Birmingham—

(1) No.	(2) Road	(3) Extent	(4) Notes
12.1	Corporation Street	Contraflow cycle lane in southbound direction on Corporation Street from its junction with Old Square to its junction with Bull Street.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
13.1	Bull Street	Reserved cycle lane from its junction with Corporation Street to its junction with Dale End/High Street.
13.2	New Meeting Street	Reserved cycle lane along length of street.
13.3	Albert Street	Reserved cycle lane from New Meeting Street to its junction with Moor Street Queensway.

PART 5 — PARKING SPACES

In the City of Birmingham—

(1) No.	(2) Road	(3) Extent	(4) Notes
14.1	Dale End	On the west side of the street from a point 15 metres from the junction of Dale End/Bull Street and High Street for a distance of 12 metres.
14.2	Dale End	On the east side of the street from a point 35m from the junction of Dale End/Bull Street and High Street for a distance of 35 metres.
14.3	New Meeting Street	In the servicing area to the south side of the street.	2 bays to the west.
14.4	New Meeting Street	In the servicing area to the south side of the street.	4 bays to the east.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
15.1	Dale End	On the west side of the street 27 metres from the junction of Dale End/Bull Street and High Street for a distance of 50 metres.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
16.1	Park Street	On the north side of the street 40 metres from the junction of Park Street and Masshouse Lane for a distance of 25 metres.	Loading bay for Hotel LaTour passenger drop off.
(1) No.	(2) Road	(3) Extent	(4) Notes
---	---	---	---
17.1	New Bartholomew Street	On both the north and south side of the street from 5 metres from its junction with Fazeley Street for a distance of 15 metres.	Maximum stay 4 hours.

SCHEDULE 9 — 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 274[^f00080] (extinguishment of rights of statutory undertakers etc.) 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 282[^f00081] 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[^f00082];

• “electronic communications code network” means an electronic communications network within the meaning of the Communications Act 2003 to which the electronic communications code applies; and

• “public utility undertakers” has the same meaning as in the 1980 Act [^f00083].

Apparatus of statutory undertakers, etc, in stopped up streets

2

• (1) Where a street is stopped up under article 13 (stopping up of streets) 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 article 13 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 or, if reasonably requested to do so 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-paragraph (6) does not apply to apparatus being substituted which comprises cathode protected steel mains and any other apparatus which is agreed between the Authority and the statutory utility as not being required to be replaced imminently.

• (8) Sub-paragraphs (3) to (6) do not apply where—

• (a) 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)); and

• (b) any relocation works carried out under paragraph (2) include replacement apparatus being placed in a street,

but instead—

• (i) 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

• (ii) 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.

• (9) 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 1980 Act 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 14 (temporary stopping up of streets) does not affect any the code rights of an operator of an electronic communications code network 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;

• “code rights” means those rights set out in paragraph 3 of the electronic communications code; and

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

SCHEDULE 10 — FOR THE PROTECTION OF RAILWAY INTERESTS

1

The 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 Infrastructure Limited for the purposes of this Order;

• “network licence” means the network licence, as amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of the powers in section 8 (licences)[^f00084] of the Railways Act 1993;

• “Network Rail” means Network Rail Infrastructure Limited (company number 02904587, 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 (meaning of “subsidiary” etc.)[^f00085] of the Companies Act 2006) 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 by or used for the benefit of 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) Insofar 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 its reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development under this Order.

4

• (1) The Authority must not exercise the powers conferred by article 23 (power to survey and investigate land, etc.) and article 28 (power to acquire land) 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 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 sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of electronic code communications operators: preliminary notices)[^f00086] of the 1990 Act as applied by Schedule 9 (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) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.

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 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 to be 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 for an agreed cost.

• (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 the same (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 are to 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 by virtue of 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 of 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.