Chester Guided Busway Order 2002
| Jurisdiction | UK Non-devolved |
2002 No. 412
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Chester Guided Busway Order 2002
Made 21th February 2002
Coming into force 14th March 2002
Whereas an application has been made to the Secretary of State for Transport, Local Government and the Regions (“the Secretary of State”), in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under sections 6, 7 and 10 of the Transport and Works Act 19922(“the 1992 Act”), for an Order under sections 1 and 5 of the 1992 Act;
And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act;
And whereas the Secretary of State, having considered the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 15th February 2002;
Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7 to 13 and 15 to 17 of Schedule 1 to, the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:
PART I
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Chester Guided Busway Order 2002 and shall come into force on 14th March 2002.
Interpretation
2.—(1) In this Order—
“the 1965 Act” means the Compulsory Purchase Act 19653;
“the 1984 Act” means the Road Traffic Regulation Act 19844;
“the 1991 Act” means the New Roads and Street Works Act 19915;
“authorised guided busway” means any guided busway authorised by this Order;
“authorised works” means the scheduled works and any other works authorised by this Order;
“busway system” has the meaning given in article 24 of this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“carriageway” has the same meaning as in the Highways Act 19806;
“the Council” means Cheshire County Council;
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“guided bus” means a vehicle intended for the carriage of passengers guided by the mode of guidance prescribed for the purposes of section 1(1)(d) of the 1992 Act by article 2(h) of the Transport and Works (Guided Transport Modes) Order 19927(track based with side guidance) (whether or not capable of being operated in some other way), and “guided busway” means a way providing the mode of guidance so prescribed;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980;
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“the limits of deviation” means the limits of deviation shown on the works plans;
“the limits of land to be acquired” means the limits of land to be acquired shown on the land plans;
“the limits of widening” means the limits of widening shown on the works plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the 1991 Act;
“the tribunal” means the Lands Tribunal; and
“the works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface, and references to the subsoil of any land include references to any cellar, basement, vault, arch or other construction forming part of any such land.
(3) All directions, distances, areas, lengths and points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, area, length and point, and distances between points on the authorised guided busway shall be taken to be measured along the centre line of the busway.
(4) Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
(5) References in this Order to points identified by letters shall be construed as references to the points so marked on the works plans.
(6) For the purposes of any enactment applying, or operating by reference to, the definition of “public service vehicle” in section 1 of the Public Passenger Vehicles Act 19818, that definition shall be taken to include guided buses operating a service making use of the authorised guided busway.
Application of the New Roads and Street Works Act 1991
3.—(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway shall be treated for the purposes of Part III of the 1991 Act (street works) as major highway works if—
(a)
(a) they are of a description mentioned in any of paragraphs (a) and (c) to (h) of section 86(3) of that Act (which defines what highway authority works are major highway works); or
(b)
(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 of the Highways Act 1980 (dual carriageways and roundabouts).
(2) In Part III of the 1991 Act, references, in relation to major highway works, to the highway authority concerned shall, in relation to works which are major highway works by virtue of sub-paragraph (1), be construed as references to the Council.
PART II
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
4.—(1) The Council may construct and maintain the scheduled works.
(2) Subject to article 5, the scheduled works shall be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the deposited sections.
(3) Subject to paragraph (6), the Council may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely—
(a)
(a) stopping places;
(b)
(b) works required for, or in connection with, the control of any vehicular and pedestrian traffic on the authorised guided busway;
(c)
(c) works for the alteration or demolition of any building or structure;
(d)
(d) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
(e)
(e) works to alter the position of any street furniture or apparatus including mains, sewers, drains and cables; and
(f)
(f) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works, including works for the re-siting or protection of any footpath or cycle route which may (upon construction of the authorised works) have been constructed along the course of the former Mickle Trafford to Shotton railway, and other works for the benefit or protection of premises affected by the authorised works.
(4) Subject to paragraph (6), the Council may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
(5) Where the Council lays down conduits for the accommodation of cables or other apparatus for the purposes of the authorised works or associated traffic control, it may provide in, or in connection with, such conduits accommodation for the apparatus of any other person, and manholes and other facilities for access to such accommodation, and may permit the use of such conduits and facilities on such terms and conditions as may be agreed between it and such other person.
(6) Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works within the limits of land to be acquired.
Power to deviate
5. In constructing or maintaining any scheduled work, the Council may—
(a) except in relation to Work No. 1B, deviate laterally from the lines or situations shown on the works plans within the limits of deviation for that work;
(b) in relation to Work No. 1B, construct the works within the limits of widening for that work; and
(c) deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards or downwards.
Streets
Power to alter layout of streets
6.—(1) The Council may alter the layout of any street in the City of Chester specified in column (1) of Schedule 3 to this Order in the manner specified in relation to that street in column (2) of that Schedule.
(2) Without prejudice to the powers conferred by article 4 or paragraph (1) but subject to paragraph (3), the Council may for the purpose of constructing, maintaining or using the authorised guided busway alter the layout of any street within the limits of land to...
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