The Midland Metro (Birmingham Eastside Extension) Order 2020

Publication Date:January 01, 2020
 
FREE EXCERPT

2020No. 141

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

The Midland Metro (Birmingham Eastside Extension) Order 2020

Made12thFebruary2020

Coming into force4thMarch2020

CONTENTS

PART 1

PRELIMINARY

1. Citation and commencement

2. Interpretation

3. Incorporation of the Railways Clauses Consolidation Act 1845

4. Application of the Midland Metro Acts

5. Application of the 1991 Act

6. Disapplication of legislative provisions

PART 2

WORKS PROVISIONS

Principal powers

7. Power to construct and maintain works

8. Power to deviate

9. Designation of works

10. Power to alter layout, etc., of streets

11. Power to keep apparatus in streets

12. Power to execute street works

13. Stopping up of streets

14. Temporary stopping up of streets

15. Access to works

Streets

16. Construction and maintenance of new, altered or diverted highways

17. Restoration of streets if street tramway discontinued

18. Agreements with street authorities

19. Level crossings

Supplemental powers

20. Attachment of equipment to buildings

21. Discharge of water

22. Works to safeguard buildings and the operation of the authorised tramway

23. Power to survey and investigate land, etc.

24. Mode of construction and operation of tramway

25. Obstruction of construction of authorised works

26. Power to construct temporary tramways

27. Removal of human remains

PART 3

ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

28. Power to acquire land

29. Application of Part 1 of the 1965 Act

30. Application of the Compulsory Purchase (Vesting Declarations) Act 1981

31. Powers to acquire new rights

32. New rights only to be acquired in certain lands

33. Rights under or over streets

Temporary possession of land

34. Temporary use of land for construction of works

35. Temporary use of land for maintenance of works

Compensation

36. Disregard of certain interests and improvements

37. Set-off for enhancement in value of retained land

38. No double recovery

Supplementary

39. Extinction or suspension of private rights of way

40. Time limit for exercise of powers of acquisition

PART 4

OPERATION OF TRAMWAY SYSTEM

41. Power to operate and use tramway system

42. Power to charge fares

43. Traffic signs

44. Traffic regulation

PART 5

MISCELLANEOUS AND GENERAL

45. Planning permission

46. Statutory undertakers, etc.

47. Minerals

48. Saving for highway authorities

49. Disclosure of confidential information

50. Defence to proceedings in respect of statutory nuisance

51. Certification of plans. etc.

52. Service of notices

53. Arbitration

54. Repeal relating to the 1989 Act

55. For protection of railway interests

56. For protection of the Environment Agency

SCHEDULES

SCHEDULE 1 — SCHEDULED WORKS

SCHEDULE 2 — STREETS SUBJECT TO ALTERATION OF LAYOUT

SCHEDULE 3 — STREETS TO BE STOPPED UP

PART 1 — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 2 — STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

SCHEDULE 4 — STREETS TO BE TEMPORARILY STOPPED UP

SCHEDULE 5 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

SCHEDULE 6 — ACQUISITION OF NEW RIGHTS ONLY

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

SCHEDULE 8 — TRAFFIC REGULATION

PART 1 — STOPPING, WAITING OR UNLOADING

PART 2 — DIRECTION OF VEHICULAR TRAFFIC

PART 3 — PROHIBITION OF VEHICULAR TRAFFIC

PART 4 — PEDAL CYCLE MOVEMENTS

PART 5 — PARKING SPACES

SCHEDULE 9 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

SCHEDULE 10 — FOR THE PROTECTION OF RAILWAY INTERESTS

SCHEDULE 11 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006( 1) for an Order under sections 1 and 5 of the Transport and Works Act 1992( 2) (“the 1992 Act”).

The Secretary of State caused an inquiry to be held for the purposes of the application under section 11 of the 1992 Act.

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 the opinion of the Secretary of State do not make any substantial change in the proposals.

Notice of the Secretary of State's determination was published in the London Gazette on 22nd January 2020.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7 to 11, 13 and 15 to 17 of Schedule 1 to the 1992 Act, makes the following Order—

PART 1

PRELIMINARY

Citation and commencement

1. This Order may be cited as the Midland Metro (Birmingham Eastside Extension) Order 2020 and comes into force on 4th March 2020.

Interpretation

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961( 3);

“the 1965 Act” means the Compulsory Purchase Act 1965( 4);

“the 1980 Act” means the Highways Act 1980( 5);

“the 1984 Act” means the Road Traffic Regulation Act 1984( 6);

“the 1989 Act” means the Midland Metro Act 1989( 7);

“the 1990 Act” means the Town and Country Planning Act 1990( 8);

“the 1991 Act” means the New Roads and Street Works Act 1991( 9);

“the 2005 Order” means the Midland Metro (Birmingham City Centre Extension, etc.) Order 2005( 10);

“the 2017 Act” means the High Speed Rail (London – West Midlands) Act 2017( 11);

“address” includes any number or address used for the purposes of electronic transmission;

“the authorised street tramway” means any street tramway authorised by this Order;

“the authorised tramroad” means any tramroad authorised by this Order;

“the authorised tramway” means the tramway (consisting of the authorised street tramway and the authorised tramroad) authorised by this Order;

“the authorised works” means the scheduled works and any other works authorised by this Order, or any part of them;

“the Authority” means the West Midlands Combined Authority established under article 3 of the West Midlands Combined Authority Order 2016( 12);

“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;

“building” includes any structure or erection, or any part of a building, structure or erection;

“carriageway” has the same meaning as in the 1980 Act;

“cycle track” has the same meaning as in the 1980 Act;

“electric line” has the meaning given by section 64(1) (interpretation etc. of Part 1) of the Electricity Act 1989( 13);

“electronic transmission” means a communication transmitted—

(a) by means of an electronic communications network; or

(b) by other means but while in electronic form;

“footway” has the same meaning as in the 1980 Act;

“highway” and “highway authority” have the same meaning as in the 1980 Act;

“the limits of deviation” means the limits of lateral deviation for the scheduled works mentioned in article 8(1)(a) and (2) (power to deviate);

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and

“maintenance” is to be construed accordingly;

“the Order limits” means the permanent limits and the temporary limits;

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981( 14);

“parking place” has the same meaning as in section 32 (powers of local authorities to provide parking places) of the 1984 Act;

“the permanent limits” means the limits of land to be acquired or used, and the limits of land with rights to attach equipment to buildings, as shown on the works and land plans and described in the book of reference;

“the scheduled works” means the works specified in Schedule 1 (scheduled works), or any part of them;

“the sections” means the long and cross sections included in the works and land plans;

“street” includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

“street tramway” means any part of a tramway which is laid along a street whether or not the section of the street in which its rails are laid may be used by other traffic;

“the temporary limits” means the limits of land to be used temporarily as shown on the works and land plans, described in the book of reference and specified in columns (1) and (2) of Schedule 7 (land of which temporary possession may be taken);

“the traffic regulation plans” means the plans certified by the Secretary of State as the traffic regulation plans for the purposes of this Order;

“tramcar” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;

“tramroad” means any part of a tramway which is not a street tramway;

“tramway” 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 wholly or mainly 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 Chamber of the Upper Tribunal;

“watercourse” includes all docks, rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows (whether or not the flow is intermittent) except a public sewer or drain; and

“the works and land plans” means the plans and sections certified by the Secretary of State as the works and land 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 under 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 is to 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...

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