The Midland Metro (Birmingham Eastside Extension) Order 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/141 |
2020 No. 141
Transport And Works, England
Transport, England
The Midland Metro (Birmingham Eastside Extension) Order 2020
Made 12th February 2020
Coming into force 4th March 2020
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 20061for an Order under sections 1 and 5 of the Transport and Works Act 19922(“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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 19613;
“the 1965 Act” means the Compulsory Purchase Act 19654;
“the 1980 Act” means the Highways Act 19805;
“the 1984 Act” means the Road Traffic Regulation Act 19846;
“the 1989 Act” means the Midland Metro Act 19897;
“the 1990 Act” means the Town and Country Planning Act 19908;
“the 1991 Act” means the New Roads and Street Works Act 19919;
“the 2005 Order” means the Midland Metro (Birmingham City Centre Extension, etc.) Order 200510;
“the 2017 Act” means the High Speed Rail (London – West Midlands) Act 201711;
“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 201612;
“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 198913;
“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 198114;
“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 numbers, or by numbers, are to be construed as references to the points so marked on the works and land plans or, in the case of Schedule 8 (traffic regulation), to the points so marked on the traffic regulation plans.
(5) All areas, distances, directions, lengths and points stated in the description of the scheduled works or in any description of powers or lands are approximate and distances between points on a scheduled work are taken to be measured along the scheduled work.
Incorporation of the Railways Clauses Consolidation Act 1845
3.—(1) The following provisions of the Railways Clauses Consolidation Act 184515(“the 1845 Act”) are incorporated into this Order as follows—
sections 68 and 69 (accommodation works by company);
section 71 (additional accommodation works by owners);
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 7516(omission to fasten gates);
sections 87 and 88 (contracts with other companies);
section 97 (default in payment of tolls);
section 10317(refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 144 (defacing of boards); and
section 14518(recovery of penalties).
(2) In those provisions as incorporated in this Order—
“the company” means the Authority;
“goods” includes any thing conveyed on the authorised tramway;
“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 tramway, together with any authorised works ancillary to the authorised tramway;
“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 tramway.
(3) In section 69 of the 1845 Act, as incorporated in this Order, for the words “determined by two justices” to the end, substitute the words “referred to arbitration”.
(4) In section 71 of the 1845 Act, as incorporated in this Order, omit the words “, or directed by such justices to be made by the Company,” and for the words “authorised by two justices” substitute “determined by arbitration”.
(5) Any difference arising under section 72 of the 1845 Act, as incorporated in this Order, must be referred to arbitration.
(6) Sections 68, 69, 71 to 73 and 75 of the 1845 Act, as incorporated in this Order, only apply to the tramways comprised in the authorised tramroads and any authorised works ancillary to those tramroads.
Application of the Midland Metro Acts
4.—(1) The authorised tramway is to be treated as part of the Metro (as defined in the Midland Metro Acts) for—
(a)
(a) the purposes of the following provisions of the 1989 Act—
section 3(3) (incorporation and application of enactments relating to railways);
section 16 (agreements with British Railways Board);
section 17 (transport consultative committee);
section 25 (provisions as to use of electrical energy);
section 46 (power to lop trees overhanging railway);
section 47...
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