Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/1327 |
2002 No. 1327
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002
Made 10th May 2002
Coming into force 31th May 2002
Whereas an application has been made to the Secretary of State (“the Secretary of State”) in accordance with the Transport and Works (Applications and Objections Procedure) Rules 20001made under sections 6, 6A, 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 Act;
And whereas the Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an order giving effect to the proposals comprised in the application with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 the Secretary of State, is satisfied that the provision of an alternative right of way for the street mentioned in Schedule 3 to this Order is not required;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 12th April 2002;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1 to 4, 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 by cited as the Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 and shall come into force on 31st May 2002.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19613;
“the 1965 Act” means the Compulsory Purchase Act 19654;
“the 1984 Act” means the Road Traffic Regulation Act 19845;
“the 1990 Act” means the Town and Country Planning Act 19906;
“the 1991 Act” means the New Roads and Street Works Act 19917;
“the 1992 Act” means the Transport and Works Act 1992;
“authorised works” means the scheduled works and any other works authorised by 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 19808;
“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 lateral deviation for the scheduled works mentioned in article 5(1)(a);
“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 or any part of them;
“the sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of 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;
“street tramway” means any part of the transit system which is laid along a street—
(a) whether or not the section of the street in which its rails are laid, may be used by other traffic, and
(b) whether the uppermost surface of the rails is level with, or raised above, the surrounding surfaces of the street;
“the telecommunications code” means Schedule 2 to the Telecommunications Act 19849;
“tramcar” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a transit system;
“tramroad” means any part of the transit system which is not a street tramway;
“transit system” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which—
(a) provide support and guidance for vehicles carried on flanged wheels, and
(b) are laid in part along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
“the tribunal” means the Lands Tribunal;
“the undertaker” means Greater Manchester Passenger Transport Executive; 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.
(3) 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.
(4) References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so marked on the deposited plans.
(5) All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, direction and length, and distances between points on a scheduled work shall be taken to be measured along the scheduled work.
Application of the 1991 Act
3.—(1) Section 56 (directions as to timing) and section 58 (restrictions following substantial road works) of the 1991 Act shall not apply in relation to any works executed under the power of this Order.
(2) The provisions of the 1991 Act mentioned in paragraph (3) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the undertaker under the powers conferred by this Order whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.
(3) The provisions of the 1991 Act referred to in paragraph (2) are:—
section 54 (advance notice of certain works);
section 55 (notice of starting date of works);
section 57 (notice of emergency works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 68 (facilities to be afforded to street authority);
section 69 (works likely to affect other apparatus in the street);
section 75 (inspection fees);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route); and
all such other provisions as apply for the purposes of the provisions mentioned above.
PART II
WORKS PROVISIONS
Principal powers
Power to construct works
4.—(1) The undertaker may construct and maintain the scheduled works.
(2) Subject to article 5, the scheduled works may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
(3) Subject to paragraph (6), the undertaker 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) works required for the strengthening, improvement, repair or reconstruction of any street;
(b)
(b) works required for, or in connection with the control of, any vehicular and pedestrian traffic;
(c)
(c) works for the strengthening, alteration or demolition of any building or structure;
(d)
(d) works to alter the position of any street furniture or apparatus, including mains, sewers, drains and cables and lights;
(e)
(e) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
(f)
(f) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and
(g)
(g) facilities and works for the benefit or protection of land or premises affected by the authorised works.
(4) Subject to paragraph (6), the undertaker may carry out and maintain 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) The undertaker may remove any works constructed by it pursuant to this Order which have been constructed as temporary works or which it no longer requires.
(6) Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works within the limits of deviation shown on the works plans.
Power to deviate
5.—(1) In constructing or maintaining the scheduled works, the undertaker may—
(a)
(a) deviate laterally from the lines or situations shown on the works plans within the limits of deviation relating to that work shown on those plans; and
(b)
(b) deviate vertically from the levels shown on the deposited sections—
(i) to any extent not exceeding 3 metres upwards; and
(ii) to any extent downwards.
(2) The undertaker may, in constructing and maintaining the scheduled works, provide within the limits of deviation for those works such number of lines of rails and sidings as may be necessary or expedient.
Designation of works
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