BOARD OF TRADE RULES, Dated January 1892, WITH RESPECT TO PROVISIONAL ORDERS AND OTHER MATTERS UNDER THE TRAMWAYS ACT, 1870 (33 & 34 VICT. c. 78).

Publication Date:January 01, 1892
 
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1892Unnumbered

(S. R. & O. and S. I. Revised to December 31, 1948)

TRAMWAYS

[See also the titles "London Transport," "Road Traffic and Vehicles" and "Transport, Ministry of".]

Transfer of powers of the Board of Trade to the Minister of Transport see the title "Ministers of the Crown (Transfer of Functions, &c.)".

Provisional Orders, &c.

BOARD OF TRADE RULES, DATED JANUARY 1892, WITH RESPECT TO PROVISIONAL ORDERS AND OTHER MATTERS UNDER THE TRAMWAYS ACT, 1870 (33 & 34 VICT. c. 78).

NOTES

(1) All memorials, objections, and other documents should be on paper of foolscap size.

(2) Promoters who desire to be incorporated must register themselves under the Companies Act, 1862.

[Note:—Here follows a reprint of portions of Sections 4 and 3 of the Act of 1870, and the whole of Schedule A thereto: the effect of the Local Government and other Acts is to greatly modify that Schedule.]

RULES OF THE BOARD OF TRADE

Approval of application made by local authorities.

Rule 1.—When the application is made by any local authority, the evidence of approval required as above by Schedule A (Part III) of the Act must be given at the time fixed for proving compliance with the Act and these Rules, by (a) a certified copy of the resolution approving of the intention to make the application, (b) a certified copy of the notice convening the special meeting to consider the application, and (c) a certified statement of the number of members constituting the local authority, and of the number present and voting at such special meeting.

Consent to applications not made by local authorities.

Rule II.—Where an application is made by promoters, not being the local authority of the district in which the tramway is proposed to be laid, evidence of the consent required by Part I, section 4 of the Act, must be given at the time fixed for proving compliance with the Act and these Rules, by (a) a certified copy of the resolution passed at a meeting of the local or road authority, as the case may be, at which the application was approved, (b) a copy of the notice convening the meeting, which notice must contain a statement that the subject of the proposed tramway will be brought before the meeting.

Similar evidence of the consent of the local and road authorities must be produced in cases in which the promoters seek to use steam or other mechanical power on any tramway or tramways already authorised.

ADVERTISEMENT AND NOTICES IN OCTOBER OR NOVEMBER AND DECEMBER

Advertisement and notices of intended application and deposits.

Section 6.—"The promoters intending to make an application for a Provisional Order shall proceed as follows:—

(1) In the months of October and November next before their application, or in one of those months, they shall publish notice of their intention to make such application by advertisement; and they shall, on or before the fifteenth day of the following month of December, serve notice of such intention, in accordance with the Standing Orders (if any) of both Houses of Parliament for the time being in force with respect to Bills for the construction of tramways. (See Schedule B, Part I.)

(2) On or before the thirtieth day of the same month of November they shall deposit the documents described in part two of the same(a) schedule, according to the regulations therein contained:

(3) On or before the twenty-third day of December in the same year they shall deposit the documents described in part three of the same (b) schedule, according to the regulations therein contained."

"Schedule B—(Part I)

Contents of advertisement of intended advertisement.

(1) Every advertisement is to contain the following particulars:—

1. The objects of the intended application.

2. A general description of the nature of the proposed works, if any.

3. The names of the townlands, parishes, townships, and extra-parochial places in which the proposed works, if any, will be made.

4. The times and places at which the deposit under Part II of this schedule will be made.

5. An office, either in London or at the place to which the intended application relates, at which printed copies of the draft Provisional Order, when deposited, and of the Provisional Order, when made, will be obtainable as herein-after provided.

(2) The whole notice is to be included in one advertisement, which is to be headed with a short title descriptive of the undertaking.

(3) The advertisement is to be inserted once at least in each of two successive weeks in some one and the same newspaper published in the district affected by the proposed undertaking, where the proposed works, if any, will be made; or if there be no such newspaper, then in some one and the same newspaper published in the county in which every such district, or some part thereof, is situate; or if there be none, then in some one and the same newspaper published in some adjoining or neighbouring county.

(4) The advertisement is also, in every case, to be inserted once at least in the London or Edinburgh Gazette, accordingly as the district is situate in England or Scotland."

(a) Schedule B (on page 266 below).

(b) Schedule B (on page 268 below).

Description of tramways in advertisement.

Rule III.—The tramways mentioned in the advertisement of the intended application should be described in the manner prescribed in Rule XVI, but the length need not be inserted.

Advertisement as to narrow places.

Rule IV.—The advertisement must specify at what point or points, and on which side of the street or road, it is proposed to lay such tramway, so that for a distance of thirty feet or upwards a less space than nine feet six inches, or if it is intended to run thereon carriages or trucks adapted for use upon railways, a less space than ten feet six inches shall intervene between the outside of the footpath on the side of the street or road and the nearest rail of the tramway. The notice shall also specify the gauge to be adopted, and what power it is intended to employ for moving carriages or trucks upon the tramway.

Street notice.

Rule V.—In the months of October and November, or one of them, immediately preceding the application for any Provisional Order, a notice thereof shall be posted for fourteen consecutive days in every street or road, along which it is proposed to lay the tramway in such manner as the authority having the control of such street or road shall direct; and if after application to such authority no such direction shall be given, then in some conspicuous position in such street or road; and such notice shall also state the place or places at which the plans of such tramway will be deposited.

Notice to owners and lessees of railways, tramways, and canals.

Rule VI.—On or before the 15th day of December immediately preceding the application for any Provisional Order for laying down a tramway crossing any railway or tramway on the level, or crossing any railway, tramway, or canal by means of a bridge, or otherwise affecting or interfering with such railway, tramway, or canal, notice in writing of such application shall be served upon the owner or reputed owner and upon the lessee or reputed lessee of such railway, tramway, or canal, and such notice shall state the place or places at which the plans of the tramway to be authorised by such Provisional Order have been or will be deposited.

Similar notice must also be given to county councils and to proprietors of navigable rivers in respect of their bridges or other works which are proposed to be crossed or otherwise interfered with.

Every notice under this Rule must be accompanied by a copy of Rule XVII, omitting the first paragraph, and must state where copies of the draft Provisional Order, when deposited at the Board of Trade, can be obtained.

Notice to local and road authorities.

Rule VII.—Where the promoters make application for an extension of time for the construction of, or for authority to abandon, any tramways, they must, on or before the 15th day of December, serve notice of such application upon all the local and road authorities affected.

Intimation to intending objectors.

Rule VIII.—The preceding advertisement and notices, other than the street notice, must state that every company, corporation, or person desirous of making any representation to the Board of Trade, or of bringing before them any objection respecting the application, may do so by letter, addressed to the Assistant Secretary of the Railway Department of the Board of Trade, on or before the 15th January next ensuing; that copies of their objections must at the same time be sent to the promoters; and that in forwarding to the Board of Trade such objections, the objectors or their agents should state that a copy of the same has been sent to the promoters or their agents.

Notice to frontagers.

Rule IX.—On or before the 15th day of December immediately preceding the application for a Provisional Order, notice in writing must be given to the owners or reputed owners, lessees or reputed lessees, and occupiers of all houses, shops, or warehouses abutting on any part of any street or road where, for a distance of thirty feet or upwards, it is proposed that a less space than nine feet six inches shall intervene between the outside of the footpath on either side of the road and the nearest rail of the tramway.

This notice should be given in respect of such premises on both sides of the road, and must contain a notification that if such owner, lessee, or occupier dissents from the tramway being so laid, he may express his dissent by a statement in writing, addressed to the Assistant Secretary of the Railway Department of the Board of Trade, on or before the 1st January next ensuing, and that he must at the same time send a copy of his dissent to the promoters.

DEPOSITS ON OR BEFORE 30TH NOVEMBER.

"Schedule B—(Part II)

Deposits on 30th November.

(1) The promoters are to deposit—

1. A copy of the advertisement published by them.

2. A proper plan and section of the proposed works,...

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