Leeds Supertram (Land Acquisition and Road Works) Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/1348 |
| Year | 2001 |
2001 No. 1348
TRANSPORT AND WORKS, ENGLANDTRANSPORT, ENGLAND
The Leeds Supertram (Land Acquisition and Road Works) Order 2001
Made 28th January 2001
Laid before Parliament 14th February 2001
Coming into force 29th March 2001
Whereas an application has been made to the Secretary of State for the Environment, Transport and the Regions (“the Secretary of State”), in accordance with the Transport and Works (Application 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And whereas the Secretary of State, has taken into consideration the objections made to that application and not withdrawn;
And whereas the Secretary of State 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 28th December 2000;
And whereas the Order will not come into force until it has been laid before Parliament and has been brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 19653;
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1 to 5, 7, 8, 10, 11, 13, 15 and 16 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
1. This Order may be cited as the Leeds Supertram (Land Acquisition and Road Works) Order 2001.
Interpretation
2.—(1) In this order, unless the context otherwise requires—
“the 1965 Act” means the Compulsory Purchase Act 19654;
“the 1991 Act” means the New Roads and Streets Works Act 19915;
“the 1993 Act” means the Leeds Supertram Act 19936;
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“authorised works” means the works authorised by the 1993 Act and the works authorised by this Order;
“the book of reference” means the book of reference described in rule 7(5) of the Applications Rules certified by the Secretary of State as the book of reference for the purposes of this Order;
“the City” means the City of Leeds;
“the Council” means Leeds City Council;
“the Executive” means the West Yorkshire Passenger Transport Executive;
“highway” and “highway authority” have the same meaning as in the Highways Act 19807;
“the land plans” means the plans described in rule 7(3) of the Applications Rules 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 for the road works 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;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“the road works” means the works authorised by article 13(1) below;
“the sections” means the sections described in rule 7(2) of the Applications Rules certified by the Secretary of State as the sections for the purposes of this Order;
“street” means a street within the meaning of section 67(1) of the 1992 Act and 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 tramway system” has the same meaning as in the 1993 Act (as extended by article 20(1) below);
“the tribunal” means the Lands Tribunal;
“the works plans” means the plans described in rule 7(1)(a) of the Applications Rules certified by the Secretary of State as the works plans for the purposes of this Order.
(2) Where the book of reference, the sections, the land plans or the works plans was or were revised before this Order was made, any reference to it or them in this Order is to the latest version as certified under article 22 below.
(3) 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.
(4) 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.
PART II
ACQUISITION OF LAND
Power to acquire land
3.—(1) Except in relation to the land described in paragraph (2) below, the Executive may acquire compulsorily—
(a)
(a) so much of the land in the City shown on the land plans within the limits of land to be acquired and described in the book of reference as may be required for the authorised works; and
(b)
(b) without prejudice to the generality of sub-paragraph (a) above, so much of the land in the City specified in columns (1) and (2) of Schedule 1 to this Order (being land shown on the land plans and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that Schedule;
and it may use any land so acquired for those purposes or for any other purposes connected with or ancillary to the tramway system.
(2) The Council may acquire compulsorily so much of the land in the City shown on the land plans numbered 70 and described and so numbered in the book of reference as they may require to make available to the Executive for the purpose of—
(a)
(a) the construction of so much of Works Nos 9, 9A and 9B authorised by the 1993 Act as is to be situated on that land and any purpose connected with, or ancillary to, that purpose; and
(b)
(b) the provision pursuant to that Act of an interchange terminus, car park and associated facilities.
(3) The provisions of this article shall have effect without prejudice to the powers of the Executive under sections 10(2) and 33 of the 1993 Act, and under any other provisions of that Act permitting land to be entered upon, taken or used without requiring the compulsory acquisition of that land.
(4) In this Part, “ the acquiring authority” means the Council in the case of an acquisition pursuant to paragraph (2) above, and in any other case means the Executive.
Application of Part I of the Compulsory Purchase Act 1965
4.—(1) Part I of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order—
(a)
(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 19818applies; and
(b)
(b) as if this Order were a compulsory purchase order under that Act.
(2) Part I of the 1965 Act, as so applied, shall have effect as if—
(a)
(a) section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted; and
(b)
(b) in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted—
(i) in a case where the notice to treat relates only to the acquisition of an easement or other right over the land, a reference to notice of one month; or
(ii) in any other case, a reference to notice of 3 months.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
5.—(1) The Compulsory Purchase (Vesting Declarations) Act 19819shall apply as if this Order were a compulsory purchase order.
(2) In its application by virtue of paragraph (1) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.
(3) In section 3 (preliminary notices), for subsection (1) there shall be substituted—
“1 Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is—
(a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and
(b) published in the London Gazette and in one or more local newspapers circulating in the locality of the authorised works”.
(4) In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after “given” there shall be inserted “and published”.
(5) In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted—
S-5 “5 For the purposes of this section, a person has a relevant interest in land if—
(a) he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or
(b) he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.”.
(6) In section 5 (earliest date for execution of declaration) in subsection (1), after “publication” there shall be inserted “in the London Gazette and in one or more local newspapers circulating in the locality of the authorised works”.
(7) In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.
(8) References to the Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under article 4 above.
Powers to acquire new rights
6.—(1) The Executive and the Council may compulsorily acquire such easements or other rights over any land referred to in paragraphs (1) and (2) of...
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