The Nottingham Express Transit System Order 2009

JurisdictionUK Non-devolved
CitationSI 2009/1300

2009 No. 1300

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

The Nottingham Express Transit System Order 2009

Made 19th May 2009

Coming into force 9th June 2009

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, 3 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 pursuant to 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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.

The Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Parts 3 and 4 of Schedule 4 (streets to be permanently stopped up) is not required.

Notice of the Secretary of State’s determination was published in the London Gazette on 3rd April 2009.

Accordingly, the Secretary of State, in exercise of the powers conferred by sections 1, 3 and 5 of, and paragraphs 1 to 4, 7 to 13 and 15 to 17 of Schedule 1 to the 1992 Act, makes the following Order:—

1 PRELIMINARY

PART 1

PRELIMINARY

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Nottingham Express Transit System Order 2009 and shall come into force on 9th June 2009.

Interpretation
S-2 Interpretation

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 1990 Act” means the Town and Country Planning Act 19907;

“the 1991 Act” means the New Roads and Street Works Act 19918;

“the 1994 Act” means the Greater Nottingham Light Rapid Transit Act 19949;

“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, or any part of that tramway;

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

“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;

“the canal” means the Nottingham Beeston Canal;

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

“the City” means the City of Nottingham;

“the City Council” means Nottingham City Council;

“the County Council” means The Nottinghamshire County Council;

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

“electric line” has the meaning given by section 64(1) of the Electricity Act 198910;

“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 6(1)(a) and (2) (power to deviate);

“Line One” means the light rail transit system authorised by the 1994 Act, comprising railways and tramways and all works and conveniences provided in connection with those railways and tramways, as that system is constructed, extended or altered from time to time;

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

“the Nottingham Inclosure Act” means the Act of Parliament whose long title is “An Act for inclosing Lands in the Parish of Saint Mary in the Town and County of the Town of Nottingham”11;

“the open space and exchange land plans” means the plans that are each headed “open space and exchange land plan”, which are attached to the works and land plans and which are certified by the Secretary of State as the open space and exchange land plans for the purposes of this Order;

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

“owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 198112;

“parking place” has the same meaning as in section 32 of the 1984 Act;

“the permanent limits” means the limits of deviation and of land to be acquired or used and the limits of additional land to be acquired or used, as shown on the works and land plans, described in the book of reference and (in the case of the additional land) specified in columns (1) and (2) of Schedule 2 (additional land which may be acquired or used);

“the promoter” means the County Council and the City Council, or either of them;

“the relevant part of the canal” means so much of the canal as is within the Order limits relating to Work No.7, or any part of it;

“the relevant part of the river” means so much of the River Trent as is within the Order limits relating to Work No.12, or any part of it;

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

“the sections” means the 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 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 9 (land of which temporary possession may be taken);

“the traffic regulation and rights of way plans” means the plans certified by the Secretary of State as the traffic regulation and rights of way 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;

“tram services” means passenger services utilising the authorised 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);

“tramway premises” means any premises of the promoter used for or in connection with the operation or maintenance of the authorised tramway, including any depot, test track, building, park & ride site and any tramcar;

“the tribunal” means the Lands 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 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 shall 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, shall be construed as references to the points so marked on the works and land plans or, in the case of Schedule 10 (traffic regulation), to the points so marked on the traffic regulation and rights of way plans.

(5) All distances, directions, lengths and points stated in the description of the scheduled works or in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, direction, length and point, and distances between points on a scheduled work shall be taken to be measured along the scheduled work.

Application of enactments relating to railways
S-3 Application of enactments relating to railways

Application of enactments relating to railways

3.—(1) The provisions of the Regulation of Railways Acts 1840 to 1893 shall not apply in relation to the authorised tramway.

(2) The provisions of the Highway (Railway Crossings) Act 183913shall not apply in relation to the authorised tramway.

(3) Sections 32 to 34 of the Offences Against the Person Act 186114shall apply in relation to the authorised tramway as if the word “tramway” were substituted for “railway” throughout those sections.

Application of 1991 Act
S-4 Application of 1991 Act

Application of 1991 Act

4.—(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway shall be treated for the purposes of Part 3 of the 1991 Act (street works in England and Wales) as major transport works if—

(a)

(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works); or

(b)

(b) they are works which, had they been executed by the highway authority...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT