Midland Metro Act 1989
| Jurisdiction | UK Non-devolved |
| Citation | 1989 c. xv |
| Year | 1989 |
(Midland Metro
&-OH1889
ELIZABETH II
198*
CHAPTER xv
An Act to empower the*'West Midlands Passenger
Transport Executive to develop arid'operate-aMight rail
s_yste(m...ofjapid,,,passenger.transport; to,aiithorjse the
that purpose;i^to;-confer,! further powers.; upon /.the
Executive; and for other purposes.
[16th Novemberiil 989]
HEREAST-,
i(l)-
Under thej Transport |AetS:;l
S(58i-3rwJ;
lSS5;it is;tjie(gensralduty of the
West Midlands Passenger Transports
E.xecutive
.^hereinafter. called "the
Executive") to
secure,Jh^rcjyisicir^gf,
publt9.-passe.nger Jranspqrt services for
meeting public transport requirements'oftn'eif area ih'accordance with general
polities formulated by ihe -West MidlainCis'F'ass'enger'Transport Authority:
(2) The provision of a tight rail rapid ti;ansjt network in
the.
W.est
Midlands
area would further that object and..would be foi.the public benefit:
(3) It is expedient that the Executive should be empowered to construct the
works authorJsed.by this Actandtoacquireor.use theJands referred.to in this
^icWfor (he de.yelorjme.nt o£a light rail.rapid.trapsit line jjetween Birniingham
and Wolverhampton as the rVrst.ptage iti the.deveiopment ofthat network, and
that the.other powers in this Act'.shduld be conferred upon the Executive for
itroperatioh'an&'develo'pffenl:"
(4) ;lt inexpedient 'thaWhfcotherrPO.werSiof
this-.
Act;shpuld..be conferred
upon the Executive and that the other prpyisjgrisin
this,
Act^puidiie enacted:
w
Midland Metro Act 1989
(5) The purposes of this Act cannot be effected without the authority of
Parliament:
1968 c. 73. (6) The West Midlands Passenger Transport Authority have approved the
promotion of the Bill for this Act pursuant to section 10 (I) (xxix) of the
Transport Act 1968:
(7)
Plans
and
sections showing
the
lines
or situations and
levels
of the works
to be constructed under the powers of this Act and plans of the lands
authorised to be acquired or used by this Act, and a book of reference to such
plans containing the names of the owners and lessees or reputed owners and
lessees and of the occupiers of the said
lands,
were duly deposited in the office
of the Clerk of the Parliaments and in the Private Bill Office of
the
House of
Commons and with the proper officers of the District Councils of the
Metropolitan Boroughs of Sandwell, Walsall and Wolverhampton and the
City of Birmingham, which plans, sections and book of reference are
respectively referred to in this Act as "the deposited plans", "the deposited
sections" and "the deposited book of reference":
May it therefore please Your Majesty that it may be enacted, and be it
enacted, by the Queen's most Excellent Majesty, by and with the advice and
consent of
the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of
the
same, as follows:—
PART I
PRELIMINARY
Short title. I. This Act may be cited as the Midland Metro Act 1989.
Interpretation. 2.—(I) In this Act, unless the context otherwise requires, the several words
and expressions to which meanings are assigned by the Acts wholly or partly
incorporated herewith have the same respective meanings, and—
1845 c. 20. "the Act of
1845"
means the Railways Clauses Consolidation Act 1845;
1870 c. 78. "the Act of 1870" means the Tramways Act 1870;
1950 c. 39. "the Act of 1950" means the Public Utilities Street Works Act 1950;
1965 c. 56. "the Act of 1965" means the Compulsory Purchase Act 1965;
"the authorised railways" means the railways authorised by this Act,
including, where the context so admits, any railway adapted for use
as part of the Metro under section 16 (Agreements with British
Railways Board) of this Act;
"the authorised works" means the works authorised by this Act;
"enactment" means any enactment, whether public general or
local,
and
includes any order, byelaw, rule, regulation, scheme or other
instrument having effect by virtue of an enactment;
"the Executive" means the West Midlands Passenger Transport
Executive;
"existing" means existing at the commencement of
this
Act;
"land" includes land covered by water, any interest in land and any
easement or right in, to or over land;
"the limits of deviation" mean the limits
so
shown on the deposited plans
and, where, in the case of
a
work in any street, no such limits are
shown for that
work,
the boundaries of the street (including any verge
or roadside waste adjoining it);
Midland Metro Act 1989
"the Metro" means the light rail transit system comprising the authorised
railways including such railways designated as tramways, and all
works and conveniences provided in connection with any of those
railways, as that system
is
constructed, extended or altered from lime
to time;
"the railways board" means the British Railways Board;
"statutory undertakers" means a public gas supplier within the meaning
of Part I of the Gas Act 1986, the Central Electricity Generating
Board, the Midlands Electricity Board, the water authority and the
South Staffordshire Waterworks Company or any of them, as the
case may be;
"street" has the meaning given by section 329 of the Highways Act 1980
and in sections 18 to 21 of
this
Act includes a bridleway, cycle track
or footpath as defined in the said section 329;
"telecommunication system" has the meaning given by section 4 of the
Telecommunications Act 1984;
"traffic sign" has the meaning given by section 64 of the Road Traffic
Regulation Act 1984;
"tramway" means any railway, or any part of a railway, authorised by this
Act and thereby designated as a tramway;,
"the tribunal" means the Lands Tribunal;
"water authority" means the Severn Trent Water Authority.
(2) Unless the context otherwise requires, any reference in
this
Act 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 Act.
(3) {a) Except as mentioned in paragraph (b) below, all distances 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 and
length, and distances between points on a railway shall be taken to be
measured along the railway.
(b) This subsection does not apply to distances or lengths stated in the
following provisions of this Act:—
Section 13 (Power to deviate);
Section 15 (Gauge of railways and restrictions on working);
Paragraph (7) of section 41 (For protection of certain statutory
undertakers).
(4) Any reference in this Act to rights over land includes reference to the
right to do, or to place and maintain, anything in, on or under the land, or in
the air space above its surface.
PART I
—cont.
1986
c.
44.
1980
c.
66.
1984
c.
12.
3.—(1)
The following enactments, so far as they are applicable for the
purposes and are not inconsistent with or varied by the provisions of
this
Act,
are incorporated with and form part of
this
Act, and this Act shall be deemed
to be the special Act for the purposes of those enactments:—
The Act OH845 (except sections 7 to 9, 11 to 15, 17, 19, 20, 22, 23,
46 to
62,
94, 95, 115 to 124, 138 and 139); and
Section 4 of the Railways Clauses Act 1863.
(2) In the enactments incorporated by subsection (I) above—
(a) the expression "the company" means the Executive; and
Incorporation
and application
of enactments
relating to
railways.
1863 c. 92.
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