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The Midland Metro (Wednesbury to Brierley Hill and MiscellaneousAmendments) Order 2005

As Enacted Cited authorities 114 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2005 Draft

2005No.

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005

26thJanuary2005

8thFebruary2005

2005

ARRANGEMENT OF ARTICLES

PART 1

PRELIMINARY

1.

Citation

2.

Interpretation

3.

Application of New Roads and Street Works Act 1991

4.

Incorporation of the Railways Clauses Consolidation Act 1845

5.

Application of the Midland Metro Acts

PART 2

WORKS PROVISIONS

Principal powers

6.

Power to construct and maintain works

7.

Power to deviate, etc.

8.

Designation of works

Streets

9.

Power to alter layout, etc. of streets

10.

Power to keep apparatus in streets

11.

Power to execute street works

12.

Permanent stopping up of means of access

13.

Permanent stopping up of streets

14.

Temporary stopping up of streets

15.

Access to works

16.

Construction and maintenance of new or altered highways

17.

Construction and alteration of bridges

18.

Restoration of streets if street tramway discontinued

19.

Agreements with street authorities

20.

Level crossings

21.

Closure of level crossings

Supplemental powers

22.

Discharge of water

23.

Attachment of equipment to buildings for purposes of tramway

24.

Safeguarding works to buildings

25.

Power to construct temporary tramways

26.

Power to survey and investigate land

27.

Mode of construction and operation of tramway

28.

Temporary interference with waterways

PART 3

ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

29.

Power to acquire land

30.

Application of Part I of Compulsory Purchase Act 1965

31.

Application of Compulsory Purchase (Vesting Declarations) Act 1981

32.

Power to acquire rights

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

36.

Temporary use of land for carrying out of accommodation and mitigation works

Compensation

37.

Disregard of certain interests and improvements

Supplementary

38.

Acquisition of part of certain properties

39.

Extinction or suspension of 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.

Maintenance of approved works etc.

43.

Power to charge fares

44.

Traffic signs

45.

Tree preservation orders

46.

Obstruction of construction of authorised works

47.

Traffic regulation

PART 5

MISCELLANEOUS AND GENERAL

48.

Planning permission: supplementary matters

49.

Statutory undertakers, etc.

50.

Minerals

51.

Saving for highway authorities

52.

Certification of plans, etc.

53.

Service of notices

54.

No double recovery

55.

Disclosure of confidential information

56.

Withholding of consent

57.

Arbitration

58.

Protective provisions

59.

Midland Metro Line 1: miscellaneous amendments

SCHEDULES

Schedule 1 -

Scheduled works

Schedule 2 -

Acquisition of land, etc. outside limits of deviation

Part 1

Acquisition of land

Part 2

Acquisition of rights only

Schedule 3 -

Streets subject to alteration of layout

Schedule 4 -

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 5 -

Streets to be temporarily stopped up

Schedule 6 -

Level crossings on tramroads

Schedule 7 -

Modification of compensation and compulsory purchase enactments for creation of new rights

Schedule 8 -

Land of which temporary possession may be taken

Schedule 9 -

Traffic regulation

Part 1

Prohibition or restriction of waiting and loading/unloading

Part 2

Direction of traffic

Part 3

Prohibition of access

Schedule 10 -

Provisions relating to statutory undertakers, etc.

Schedule 11 -

Protective provisions

Part 1

For protection of British Waterways Board

Part 2

For protection of Environment Agency

Part 3

For protection of Network Rail Infrastructure Limited

Whereas 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 2000( 1)made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992( 2) ("the 1992 Act"), for an Order under sections 1 and 5 of the 1992 Act;

And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act;

And whereas 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 his opinion do not make any substantial change in the proposals;

And whereas the Secretary of State is satisfied that the provision of alternative rights of way for each of the streets mentioned in Part 2 of Schedule 4 to this Order is not required;

And whereas notice of the Secretary of State's determination was published in the London Gazette on 23rd December 2004;

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 1965( 3).

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1 to 13 and 15 to 17 of Schedule 1 to, the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:

PART 1

PRELIMINARY

Citation

1. This Order may be cited as the Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005.

Interpretation

2. - (1) In this Order -

"the 1961 Act" means the Land Compensation Act 1961( 4);

"the 1965 Act" means the Compulsory Purchase Act 1965( 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 1993 Act" means the Railways Act 1993( 10);

"the Applications Rules" means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000;

"authorised street tramway" means any street tramway authorised by this Order;

"authorised tramroad" means any tramroad authorised by this Order;

"authorised tramway" means the tramway (consisting of the authorised street tramways and the authorised tramroads) authorised by this Order;

"the authorised works" means the scheduled works and any other works authorised by this Order;

"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;

"bridge" includes a viaduct;

"carriageway" has the same meaning as in the Highways Act 1980( 11);

"the deposited sections" means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;

"Dudley" means the metropolitan borough of Dudley;

"the Executive" means West Midlands Passenger Transport Executive;

"highway" and "highway authority" have the same meaning as in the Highways Act 1980;

"the land plans" means the plans 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 scheduled works shown on the works plans;

"maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace and "maintenance" shall be construed accordingly;

"the Order limits" means any of -

(a) the limits of deviation, or(b) the limits of land to be acquired or used shown on the land plans;

"owner" in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;

"Sandwell" means the metropolitan borough of Sandwell;

"the scheduled works" means the works specified in Schedule 1 to this Order or any part of them;

"street" includes part of a street;

"street authority" in relation to a street, has the same meaning as in Part III of the 1991 Act;

"street tramway" means any part of a tramway which is laid along a street -

(a) whether or not the section of the street in which its rails are laid may be used by other traffic; or(b) whether the uppermost surface of the rails is level with, lower than, or raised above, the surrounding surfaces of the street;

"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 provide support and guidance for vehicles carried on flanged wheels;

"the tribunal" means the Lands Tribunal; and

"the works plans" means the plans certified by the Secretary of State as the works 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, on or under land or in the air-space over its surface, and references to the subsoil of any land include references to any cellar, basement, vault, arch or other construction forming part of any such land.

(3) 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, and distances between any of the points on the authorised tramway shall be taken to be measured along the centre line of the authorised tramway.

(4)...

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