Midland Metro Act 1992

JurisdictionUK Non-devolved
Citation1992 c. vii
Midland Metro Act 1992
1992 CHAPTER vii
An Act to empower the West Midlands Passenger Transport Executive to construct additional works for extension of their light rail
rapid passenger transport system; to authorise the acquisition of lands for that purpose; to confer further powers upon the Executive;
and for other purposes.
[16th March 1992]
WHEREAS
(1)Under the Transport Acts 1968 and 1985 it is the general duty of the W est Midlands Passenger Transport Executive (otherwis e
known as Centro and hereinafter called “the Executive”) to secure the provision of public passenger transport services for meeting
public transport requirements of their area in accordance with general policies formulated by the West Midlands Passenger Transport
Authority:
(2)By the [1989 c. xv.] Midland Metro Act 1989 the Executive were authorised to construct works forming the first stage in the
development of a light rail rapid transit network in the West Midlands area in furtherance of that object:
(3)It is expedient that the Executive should be empowered to construct the additional works authorised by this Act, and to acquire or
use the lands referred to in this Act, for the extension of that network by the provision of additional light rail rapid transit routes between
Wolverhampton, Walsall and Dudley and between the central area of Birmingham and Birmingham International Airport in Solihull:
(4)It is expedient that the other powers of this Act sh ould be conferred upon the Executive and that the other provisions in this Act
should be enacted:
(5)The purposes of this Act cannot be effected without the authority of Parliament:
(6)In relation to the promotion of the Bill for this Act the requirements of section 10 (1) (xxix) of the [1968 c. 73.] Transport Act 1968
have been observed:
(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 the occupiers of the said lands, were duly deposited in the office of the Clerk of the
Parliaments and i n the Private Bill Office of the House of Commons and with the proper officers of the Dis trict Councils of the
Metropolitan Boroughs of Dudley, Sandwell, Solihull, Walsall and Wolverhampton and the City of Birmingham and of the Warwickshire
County Council and the North Warwickshire Borough Council, 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”:
(8)Alteration having been required in the alignment of part of the works since plans and sections thereof were so deposited, a plan
and section showing the lines or situations and levels of the substituted works and a plan of the lands authorised to be acqu ired or
used by this Act for the purposes of the substituted works, and a book of reference to such plan containing the names of the owners
and lessees, or reputed owners and lessees, and the occupiers of the said lands have been 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 officer of the Council of the City of Birmingham,
which plan, section and book of reference form part of 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 i t 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
1Short title
this act may be cited as the midland metro act 1992.
2 Interpretation
(1)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
“the Act of 1989” means the [1989 c. xv.] Midland Metro Act 1989;
“authorised railway” means any rail way authorised by this Act, including, where the c ontext so admits, any railway adapted fo r use
as part of the Metro;
“the authorised works” means the works authorised by this Act;
“existing” means existing at the commencement of this Act;
“the limits of deviation” means 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);
“the Metro” means the light rail transit system comprising the railways authorised by the Act of 1989 and this Act, 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 time to time;
“sewerage undertaker” has the same meaning as in the [1991 c. 56.] Water Industry Act 1991;
“street” has the meaning given by section 329 of the [1980 c. 66.] Highways Act 1980 and includes a bridleway, cycle track or footpath
as defined in the said section 329 and any way laid out or used as a cycleway;
“tramway” means a railway, or any part of a railway, authorised by the Act of 1989 or this Act and thereby designated as a tramway;
“underground railways” means so much of Works Nos. 21, 27 and 31 and any works and conveniences connected therewith as are
constructed in tunnels, whether bored tunnels or tunnels constructed in a manner which necessitates the cutting through or removal
of surface soil;
and the following expressions have the same meanings as in the Act of 1989 (as amended by section 26 of this Act):
“the Act of 1845”;“the Act of 1950”;“the Act of 1965”;“enactment”;“the Executive”;“land”;“the railways board”;“statutory
undertakers”;“telecommunications system”;“traffic sign”;“the tribunal”.
(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.
(s)(a)In this Act, 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 7 (Power to deviate);
subsection (4) of section 16 (Only subsoil or rights to be acquired in certain lands);
paragraph (3) of section 20 (As to underground works affecting highways).
(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.
(5)References in this Act to access to any place shall include egress from that place.
3 Incorporation or application of enactments
The following provisions of the Act of 1989 which incorporate or apply enactments for the purposes of that Act shall have effect
as if the references in those provisions to that Act included this Act:
section 3 (Incorporation and application of enactments relating to railways);
section 4 (Application of [1870 c. 78.] Tramways Act 1870);
section 5 (Application of provisions of [1950 c. 39.] Public Utilities Street Works Act 1950 and [1984 c. 27.] Road Traffic Regulation
Act 1984);
section 6 (Application of Part I of [1965 c. 56.] Compulsory Purchase Act 1965).
PART II
WORKS
4 Power to make works
(1)Subject to the provisons of this Act, the Executive may, in the lines or situations shown on the deposited plans and
according to the levels shown on the deposited sections, make and maintain
(a)the works in the Metropolitan Boroughs of Dudley, Sandwell, Walsall and Wolverhampton specified in Part I of Schedule 1
to this Act, with all necessary works and conveniences connected therewith; and
(b)the works in the City of Birmingham and the Metropolitan Borough of Solihull and in the Borough of North Warwickshire in
the County of Warwickshire specified in Part I of Schedule 2 to this Act, with all necessary works and conveniences
connected therewith.
(2)Notwithstanding anything in this Act or shown on the deposited plans or the deposited sections, the Executive may,
subject to the approval of the Secretary of State and with the consent of the owners, lessees and occupiers of the lands
affected
(a)construct the whole or part of Work No. 29 within the limits of deviation for that work in lines or situations and in
accordance with levels, dimensions and descriptions other than the lines or situations, levels, dimensions and descriptions
shown on the deposited plans and the deposited sections or specified in Part I of Schedule 2 to this Act; and
(b)construct or extend any part of Work No. 31 within the boundary of Birmingham International Airport in such lines or
situations and in accordance with such levels, dimensions and descriptions as may be agreed between the Executive and
Birmingham International Airport Plc.

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