Transport and Works Act 1992
Transport and Works Act1992
1992 CHAPTER 42
An Act to provide for the making of orders relating to, or to matters ancillary to, the construction or operation of railways, tramways, trolley vehicle systems, other guided transport systems and inland waterways, and orders relating to, or to matters ancillary to, works interfering with rights of navigation; to make further provision in relation to railways, tramways, trolley vehicle systems and other guided transport systems; to amend certain enactments relating to harbours; and for connected purposes.
[16th March 1992]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Orders authorising works etc
Power to make orders
1 Orders as to railways, tramways etc.
(1) The Secretary of State may make an order relating to, or to matters ancillary to, the construction or operation of a transport system of any of the following kinds, so far as it is in England and Wales—
(a) a railway;
(b) a tramway;
(c) a trolley vehicle system;
(d) a system using a mode of guided transport prescribed by order made under section 2 below.
(2) The power to make orders under this section shall be exercisable by statutory instrument.
2 Extension of section 1 to other guided transport systems.
(1) The Secretary of State may by order prescribe modes of guided transport for the purposes of section 1(1)(d) above.
(2) The power to make orders under this section shall be exercisable by statutory instrument; but no order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
3 Orders as to inland waterways etc.
(1) The Secretary of State may make an order relating to, or to matters ancillary to—
(a) the construction or operation of an inland waterway in England and Wales;
(b) the carrying out of works which—
(i) interfere with rights of navigation in waters within or adjacent to England and Wales, up to the seaward limits of the territorial sea, and
(ii) are of a description prescribed by order made under section 4 below.
(2) The Secretary of State shall not make an order under this section if in his opinion the primary object of the order could be achieved by means of an order under the Harbours Act 1964 .
(3) The power to make orders under this section shall be exercisable by statutory instrument.
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