Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/1266 |
1997 No. 1266
TRANSPORT AND WORKS
TRANSPORT
The Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997
Made 30th April 1997
Coming into force 21th May 1997
Whereas an application has been made to the Secretary of State for Transport (“the Secretary of State”), in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under section 6 of the Transport and Works Act 19922(“the Act”), for an Order under sections 1 and 5 of the 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 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 vehicular right of way for each of the streets mentioned in Part II of Schedule 5 to this Order is not required;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 27th February 1997;
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, 6 to 13 and 15 to 17 of Schedule 1 to the 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 Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997 and shall come into force on 21st May 1997.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“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 street tramway” means any street tramway authorised by this Order;
“authorised tramroad” means any tramroad authorised by this Order;
“authorised transit system” means the transit system (consisting of the authorised street tramways and the authorised tramroads) authorised by this Order;
“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 19806;
“electric line” has the meaning given by section 64(1) of the Electricity Act 19897;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“the Order plans” means the plans certified by the Secretary of State as the Order plans for the purposes of this Order;
“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 railways board” means the British Railways Board or, as the case may require, any person who pursuant to the Railways Act 19938succeeds (whether before or after the making of this Order) to any functions of the British Railways Board, or any other person who derives title to any property from the British Railways Board or such successor and holds that property for railway purposes but for the purposes of article 37 does not include Railtrack;
“Railtrack” means Railtrack PLC and any associated company of Railtrack PLC which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 736 of the Companies Act 19859) the holding company of Railtrack PLC, a subsidiary of Railtrack PLC or another subsidiary of the holding company of Railtrack PLC;
“reserved track tramway” means any section of a street tramway laid along part of a street which vehicles other than tramcars are deterred or prevented from using;
“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 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 a 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, or
(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 198410;
“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 a 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 the Greater Manchester Passenger Transport Executive;
“vehicle” includes mobile traction unit.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
(3) Unless the context otherwise requires, 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 relevant plan.
(5) All distances, directions and lengths stated in any description of works, 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 street tramway or tramroad shall be taken to be measured along the street tramway or tramroad.
Application of enactments relating to railways
3.—(1) The following provisions of the Railways Clauses Consolidation Act 184511shall be incorporated in this Order but shall apply only in relation to the authorised tramroads:—
section 46 (crossing of roads—level crossings);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 192312and
section 145 (recovery of penalties).
(2) In those provisions, as incorporated in this Order—
“the company” means the undertaker;
“goods” includes anything conveyed on the authorised tramroads;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means the authorised tramroads and, except where the context otherwise requires, any authorised works ancillary to the authorised tramroads;
“the special Act” means this Order and
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any authorised tramroad.
(3) In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.
(4) The application of section 68 of the said Act of 1845 shall not be taken to require any fencing at the junction of an authorised tramroad with an authorised street tramway.
(5) The provisions of the Regulation of Railways Acts 1840 to 1893 shall not apply in relation to the authorised transit system.
(6) The provisions of the Highway (Railway Crossings) Act 183913shall not apply in relation to the authorised transit system.
(7) Nothing in this article shall be taken as affecting the application to the authorised tramroads of sections 32 to 34 of the Offences Against the Person Act 186114.
Application of local railway enactments
4.—(1) Any enactment by which any railway or former railway of the railways board situated within the limits of deviation was authorised shall have effect subject to...
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