Wirral Tramway Light Railway Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/1761 |
| Year | 1994 |
1994 No. 1761
TRANSPORT
The Wirral Tramway Light Railway Order 1994
Made 30th June 1994
Coming into force 1st July 1994
The Secretary of State for Transport, on the application of the Council of the Metropolitan Borough of Wirral, and in exercise of powers conferred by sections 3, 7 and 9 to 12 of the Light Railways Act 18961, and now vested in him2, and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation and commencement
1. This Order may be cited as the Wirral Tramway Light Railway Order 1994 and shall come into force on 1st July 1994.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“the Act of 1845” means the Railways Clauses Consolidation Act 18453;
“the Act of 1991” means the New Roads and Street Works Act 19914;
“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 borough” means the Metropolitan Borough of Wirral;
“carriageway” has the same meaning as in the Highways Act 19805;
“the Council” means the Council of the borough;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections deposited in respect of the application for this Order with the Department of Transport;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980;
“the limits of deviation” mean the limits so shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“reserved track tramway” means any section of a street tramway laid along part of a street which vehicles other than tramcars are deterred or prevented from using;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“street” means a street within the meaning of section 48 of the Act of 1991, together with land on the verge of a street, between two carriageways and includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the Act of 1991;
“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, or raised above, the surrounding surfaces of the street;
“telecommunication system” has the meaning given by section 4 of the Telecommunications Act 19846;
“traffic sign” has the meaning given by section 64 of the Road Traffic Regulation Act 19847;
“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 any railway which is 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);
“undertaker” means the Council and any lessee under Article 26 (Power to lease tramway system) below to the extent so provided by that article.
(2) Unless the context otherwise requires, 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.
(a)
(a) (3) Except as mentioned in paragraph (b) below, all distances and lengths stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such distance and length, and distances between points on the tramway shall be taken to be measured along the tramway.
(b)
(b) This paragraph does not apply to distances or lengths stated in the following provisions of this Order:—
Article 5 (Power to deviate);
Article 15 (Gauge of tramway and restrictions on working).
(4) References in this Order to rights over land include references to the rights to do, or to place and maintain, anything in, on or under land or in the air space over its surface.
Incorporation and application of enactments relating to railways
3.—(1) The provisions of the Act of 1845 (except sections 7 to 9, 11 to 23, 30 to 44, 46 to 57, 59 to 62, 86, 94, 95, 103 to 105, 115 to 124 and 138), so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Order, are incorporated with and form part of this Order, and this Order shall be deemed to be the special Act for the purposes of those provisions.
(2) In the provisions incorporated by paragraph (1) above—
(a)
(a) the expression “the company” means the undertaker;
(b)
(b) section 58 of the Act of 1845 (company to repair roads used by them) shall apply except for the words from “and if any question” to the end.
(3) The provisions of the Regulation of Railways Acts 1840 to 1893, except the provisions of the Regulation of Railways Act 18718and section 1 of the Regulation of Railways Act 18899, shall not apply in relation to the authorised tramway.
(4) Section 42 of the Road and Rail Traffic Act 193310shall not apply to the authorised tramway.
Power to construct works
4.—(1) The undertaker may construct and maintain the tramways described in Schedule 1 to this Order.
(2) Subject to article 5 (Power to deviate) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
(3) Subject to paragraph (5) below, the undertaker may within the limits of deviation carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works, namely:—
(a)
(a) works required for, or in connection with, the control of traffic on the authorised tramway;
(b)
(b) works to alter the position of apparatus, including mains, sewers, drains and cables;
(c)
(c) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
(d)
(d) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works; and
(e)
(e) works for the benefit or protection of the premises affected by the scheduled works.
(4) Subject to paragraph (5) below, the undertaker may within the limits of deviation carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works.
(5) Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
Power to deviate
5.—(1) In constructing or maintaining any of the scheduled works, the undertaker may—
(a)
(a) deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work shown on those plans; and
(b)
(b) deviate vertically from the levels shown on the deposited sections to any extent not exceeding 0.5 metres.
(2) The undertaker may in constructing or maintaining any of the authorised tramroads or authorised street tramways lay down—
(a)
(a) double lines of rails in lieu of single lines;
(b)
(b) single lines of rails in lieu of double lines;
(c)
(c) interlacing lines of rails in lieu of double or single lines; or
(d)
(d) double or single lines of rails in lieu of interlacing lines.
(3) The power in paragraph (2) above shall not be exercised in the case of any authorised street tramway without the consent of the street authority, but such consent shall not be unreasonably withheld.
Plans to be approved by Secretary of State before works commenced
6.—(1) Before constructing the authorised tramway the undertaker shall submit to the Secretary of State for his approval plans, sections and particulars of their proposals concerning—
(a)
(a) permanent way or track;
(b)
(b) signalling; and
(c)
(c) lighting.
(2) Any such works shall be constructed and maintained in accordance with such plans, sections and particulars approved by the Secretary of State.
(3) The undertaker shall submit for the approval of the Secretary of State details of their proposals for the tramcars to be used on the authorised tramway and any tramcars so used shall be constructed and maintained in accordance with particulars approved by the Secretary of State.
Power to keep apparatus in streets
7.—(1) The undertaker may, for the purposes of or in connection with the construction, maintenance and use of any authorised street tramway, place and maintain in any street along which the tramway is laid any work, equipment or apparatus including, without prejudice to the generality of the foregoing, foundations, platforms, road islands, substations, electric lines and any electrical or other apparatus.
(2) In this article—
(a)
(a) “apparatus” has the same meaning as in Part III of the Act of 1991;
(b)
(b) “electric line” has the meaning given by section 64(1) of the Electricity Act 198911; and
(c)
(c) the reference to any work, equipment, apparatus or other thing in a street includes a reference to any work, equipment, apparatus or other thing under, over, along or upon the street.
Power to execute street works
8. The undertaker may, for the purpose of exercising the powers conferred by article 7 (Power to keep...
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