The Rixton and Warburton Bridge Order 2024

• (2) Any such application must be made on a form issued by and obtainable from the undertaker at the website and must include the particulars and information required by such form to be supplied.

• (3) The undertaker may require an applicant for a Tag to produce evidence it may reasonably require to verify any particulars, in respect of information given to it.

• (4) Upon receipt of an application duly made under this byelaw, the undertaker may issue to the applicant a Tag.

33

The Tag holder must inform the undertaker as soon as reasonably practicable if their vehicle is sold or stolen, and provide a unique reference number or crime reference number from the police or appropriate documentary evidence of the sale (as applicable) and, if the undertaker requests, confirm the theft or sale in writing.

34

If the undertaker is not informed that the vehicle has been sold or stolen in accordance with byelaw 33, charges will continue to be calculated for the vehicle in accordance with byelaw 25 and the Account will remain liable for any charges incurred by the vehicle and the Account will continue to be debited.

PART 7 — PREVENTION OF DAMAGE OR NUISANCE GENERALLY

35

A person on the Rixton and Warburton Bridge must not climb upon, damage or remove any part of (whether deliberately or negligently) the structures of the Rixton and Warburton Bridge, equipment, fittings or appurtenances or any other property of the undertaker, or post any bill, placard or notice, or write or stamp, cut, print, draw or make marks in any manner on any part.

36

A person must not remove, jump or otherwise manoeuvre over or under, any bar, railing, fence or barrier or open any gate or movable barrier fitter or placed on any part of the Rixton and Warburton Bridge or fix anything to the Rixton and Warburton Bridge without prior consent from an authorised person.

37

A person must not move, alter, or deface or otherwise interfere with any notice or sign belonging to the undertaker and exhibited or placed on the Rixton and Warburton Bridge.

38

A person, other than one so authorised by the undertaker, must not throw or drop in any part of the Rixton and Warburton Bridge anything whatsoever capable of injuring or damaging the bridge road or the Canal or any person or property.

39

A person must not place or deposit or leave on the Rixton and Warburton Bridge any vehicle or any glass, china, earthenware, plastic, tin, paper, debris, oils, waste or other material so as to create an obstruction or litter or fire risk.

40

A person must not wilfully obstruct or impede an authorised person in the execution of the authorised person’s duty, nor use threatening, abusive or insulting words or behaviour against the authorised person, on the Rixton and Warburton Bridge.

41

A person must not offer for sale or sell any articles or produce of any description on the Rixton and Warburton Bridge without the express written permission of the undertaker.

42

A person must not loiter or remain on the Rixton and Warburton Bridge or in any vehicle therein after having been requested by an authorised person to move therefrom.

43

A person must not, without prejudice to any other requirement of the byelaws, act in any way as to cause, or likely to cause, harassment, alarm or distress to any person or cause a nuisance on the Rixton and Warburton Bridge.

PART 8 — CLOSURE OF THE BRIDGE ROAD

44

During any period of closure of the Rixton and Warburton Bridge in accordance with article 4 (closing of the Rixton and Warburton Bridge) of the Order, the passage of any vehicle across the Rixton and Warburton Bridge may only be with the consent of the undertaker, whose decision will be final.

PART 9 — POWER TO EXCLUDE

45

It will be lawful for an authorised person to prevent from gaining access to the Rixton and Warburton Bridge the driver of any vehicle or any other person who the authorised person has reasonable cause to believe is contravening, or will contravene, if the driver of the vehicle or the other person proceeds, any of these byelaws.

PART 10 — PENALTY FOR OFFENCES

46

Any person who contravenes or fails to comply with a provision of these byelaws is liable on summary conviction to a fine not exceeding Level 3.

47

The undertaker wherever applicable in monitoring infringements of these byelaws and in the prosecution of offenders is entitled to rely where appropriate—

• (a) on the evidence of a device adapted for measuring the speed of vehicles by radar, laser or ANPR or any other means as may be approved by the Secretary of State; and

• (b) to make admissible recorded images from the flow of traffic on the Rixton and Warburton Bridge.

SCHEDULE 5 — PLAN

SCHEDULE 6 — SCHEDULE OF IMPROVEMENTS

Interpretation

1

In this Schedule—

• “ANPR” means automatic number plate recognition;

• “the approach road” means the length of the highway commencing from the A57 Manchester Road in the north at national grid reference SJ6915390429 to Warburton Bridge Road at national grid reference SJ6980489711 in the south excluding the bridge road;

• “the Bridge” means the bridge known as the Rixton and Warburton Bridge authorised by the 1863 Act and the 1890 Act;

• “the bridge road” means the highway along the length of the structure of the Bridge;

• “the DMRB” means the Design Manual for Roads and Bridges, which accommodates all current standards, advice and other documents relating to the design, assessment and operation of trunk roads and motorways, or any equivalent replacement to the DMRB published;

• “highway” has the same meaning it has for the purposes of section 328(1) and (2) of the Highways Act 1980³⁵; and

• “PBI 2022” means the Principal Bridge Inspection Report in respect of the Bridge dated July 2022.

The Improvements

2

The Bridge—

• works in respect of the Bridge itemised as E1, E2, E3, E4, E5 and E6 in the PBI 2022.

3

Signage—

• replace non-compliant weight restriction signs in respect of the Bridge.

4

The bridge road—

• (a) plane off existing surface;

• (b) remove existing road surface including existing timber setts to deck plates;

• (c) re-install water proofing to the Bridge’s deck plates;

• (d) reconstruct the bridge road including a new surface at the same level as the existing bridge road;

• (e) reinstate vehicle restraint barrier connection in accordance with the PBI 2022;

• (f) provide road lines, markings and signage in accordance with the DMRB and the Traffic Signs Manual 2018 (as amended);

• (g) clear any protruding vegetation along the length of the bridge road.

5

Drainage—

• (a) clean drains along the length of the bridge road and along the length of the approach road and carry out repairs as necessary in accordance with the DMRB;

• (b) repair, and where necessary replace, brackets and failed sections of service pipes along the length of the bridge road and along the length of the approach road.

6

The approach road—

• (a) plane off existing surface;

• (b) widen the approach road to 5.8 metres in so far as within MSCC’s ownership with new carriageway reconstruction;

• (c) construct new footway up to 1.5 metres in width (adjacent to southbound running lane) in so far as within MSCC’s ownership;

• (d) provide road lines, markings and signage in accordance with the DMRB and the Traffic Signs Manual 2018 (as amended);

• (e) clear any protruding vegetation along the length of the approach road;

• (f) repair existing Armco safety barriers and timber rail fencing where necessary.

7

ANPR—

• all the necessary works to remove existing toll booth and barriers in respect of the Bridge and install a system of payment of tolls via ANPR.

Signed

Signed by authority of the Secretary of State for Transport

Natasha Kopala — Head of the Transport and Works Act Orders Unit — Department for Transport — 9th May 2024

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

The Order revises the tolls which The Manchester Ship Canal Company Limited (“MSCC”) may charge for use of the Rixton and Warburton Bridge and supersedes the toll levels set out in the Rixton and Warburton Bridge Act 1863.

This Order contains provisions for local user discount and provisions in relation to Improvements to the Rixton and Warburton Bridge to be completed before MSCC can charge the tolls in accordance with the Order.

This Order contains provisions for MSCC to make new byelaws in relation to the good management and use of the Rixton and Warburton Bridge in order to safeguard the navigation of the Manchester Ship Canal.

This Order contains provisions for MSCC to transfer the Rixton and Warburton Bridge Undertaking to the Rixton and Warburton Bridge Company Limited, should MSCC so resolve.

Provision is made for byelaws and agreements made or entered into by MSCC to remain in force as if they had been made or entered into by The Rixton and Warburton Company Limited and for legal and other proceedings to be carried on by or in relation to MSCC.

Footnotes