Gateshead (Baltic Millennium Bridge) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/1664

1999 No. 1664

TRANSPORT AND WORKSWORKS

The Gateshead (Baltic Millennium Bridge) Order 1999

Made 27th April 1999

Coming into force 18th May 1999

Whereas an application has been made to the Secretary of State for the Environment, Transport and the Regions (“the Secretary of State”), in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under sections 6, 7 and 10 of the Transport and Works Act 19922(“the 1992 Act”), for an Order under sections 3 and 5 of the 1992 Act;

And whereas the Secretary of State is of the opinion that the primary object of this Order cannot be achieved by means of an Order under the Harbours Act 19643;

And whereas the Secretary of State, having considered the objections made and not withdrawn, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any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 notice of the Secretary of State’s determination was published in the London Gazette on 14th April 1999;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 3 and 5, and paragraphs 1, 2, 4, 7, 8, 10, 11, 16 and 17 of Schedule 1 to the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:–

1 PRELIMINARY

PART I

PRELIMINARY

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Gateshead (Baltic Millennium Bridge) Order 1999 and shall come into force on 18th May 1999.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In this Order, unless the context otherwise requires–

the 1965 Act” means the Compulsory Purchase Act 19654;

“the 1992 Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992;

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

“the Authority” means the Port of Tyne Authority;

“the book of reference” means the book of reference described in rule 7(5) of the 1992 Rules and certified by the Secretary of State as the book of reference for the purposes of this Order;

“the Borough Council” means the Council of the Borough of Gateshead;

“the bridge” means Work No. 1 described in the Schedule to this Order;

“the City Council” means the Council of the City of Newcastle upon Tyne;

“cycle” means a bicycle, a tricycle, or a cycle having four or more wheels, not being in any case a motor vehicle within the meaning of the Road Traffic Act 19885;

“the deposited plans” means the plans described in rule 7(1)(a) and (3) of the 1992 Rules and certified by the Secretary of State as the deposited plans for the purposes of this Order;

“the deposited sections” means the sections described in rule 7(2) of the 1992 Rules and certified by the Secretary of State as the deposited sections for the purposes of this Order;

“harbour master” has the same meaning as in the Port of Tyne Reorganisation Scheme 1967 Confirmation Order 19686;

“highway authority” has the same meaning as in the Highways Act 19807;

“the level of high-water” means the level of mean high-water springs;

“limits of deviation” means the limits of deviation shown on the deposited plans;

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

“maritime traffic” means vessels of any description having cause to use that part of the River Tyne in which the bridge is situated;

“the scheduled works” means the works specified in Schedule 1 to this Order;

“tidal waters” means such parts of the River Tyne as are tidal;

“tidal works” means any of the authorised works carried out in, on or over tidal waters;

“the tribunal” means the Lands Tribunal;

“Trinity House” means the Corporation of Trinity House of Deptford Strond;

“the undertaker” means the Borough Council; and

“vessel” means every description of vessel with or without means of propulsion of any kind and includes anything constructed or used to carry persons, goods, plant or machinery, or to be propelled or moved, on or by water, a seaplane on or in the water and a hovercraft within the meaning of the Hovercraft Act 19688.

(2) All directions, distances, lengths and points stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.

2 WORKS PROVISIONS

PART II

WORKS PROVISIONS

Principal Powers

Principal Powers

S-3 Power to construct works

Power to construct works

3.—(1) The undertaker may construct and maintain the scheduled works.

(2) Subject to article 4 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) The undertaker shall, within the limits of deviation, carry out and maintain such works for the benefit or protection of maritime traffic as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled works.

(4) The undertaker may, within the limits of deviation, carry out such works (of whatever nature) as may be necessary or expedient for the purposes of, or in connection with, or in consequence of, the construction of the scheduled works.

S-4 Power to deviate

Power to deviate

4. In constructing or maintaining the authorised works, the undertaker may deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards.

Supplemental powers

Supplemental powers

S-5 Provisions relating to the opening of the bridge

Provisions relating to the opening of the bridge

5.—(1) The undertaker shall open the bridge in accordance with the following provisions of this article for the purpose of facilitating navigation on the River Tyne.

(2) The bridge shall be opened by the undertaker on such occasions and for such period on each such occasion as may be specified in a programme which the undertaker shall agree from time to time in advance with the Authority, the University of Newcastle upon Tyne, the Royal Navy, the Royal Yachting Association and the Territorial, Auxiliary and Volunteer Reserve Association for the North of England (for so long as each of those persons or bodies, their members or any persons whom they represent have an interest in navigating on the River Tyne beneath the bridge).

(3) When agreeing the programme of openings required by paragraph (2) above the parties shall allow for the reasonable requirements of vessels navigating, or seeking to navigate, on the River Tyne and no party shall withhold agreement unreasonably.

(4) Subject to paragraph (5) below, the undertaker shall also open the bridge on the date and at the time specified in a notice (whether written or not) given by the operator of any vessel which is to pass beneath the bridge, if that notice is given at least 24 hours before the day and time specified in that notice and in accordance with the requirements for giving such a notice specified in the arrangements published pursuant to paragraph (7) below.

(5) Where a notice has been served pursuant to paragraph (4) above, the undertaker may delay the time at which the bridge is to be opened for up to half an hour after the time specified in that notice, if the undertaker is of the reasonable opinion that opening the bridge at the time specified in the notice would interfere unreasonably with the passage of pedestrians and cyclists over the bridge and if the undertaker has on forming that opinion forthwith notified the operator of the vessel in question of the time at which the bridge will be opened.

(6) The requirement in paragraph (4) above to give at least 24 hours' notice shall not apply where, in the case of an emergency, it is necessary for a vessel to navigate beneath the bridge; but in such a case the master of the vessel shall give such notice (if any) as is practicable and paragraph (5) above shall not apply.

(7) The undertaker shall publish in notices displayed in a prominent position at each end of the bridge, and in such other positions as the undertaker deems advisable in order to attract the attention of those operating vessels and of pedestrians and cyclists using the bridge, the arrangements made from time to time in relation to the opening of the bridge, including–

(a)

(a) the programme agreed in accordance with paragraph (2) above;

(b)

(b) the procedure for opening the bridge in accordance with paragraphs (4) to (6) above; and

(c)

(c) the address and telephone number of the person to whom the notice required by paragraph (4) above is to be given.

(8) No arrangements shall be published under paragraph (7) above without the consent of the Authority (which consent shall not be unreasonably withheld).

(9) Without prejudice to paragraph (3) above, the arrangements published under paragraph (7) above shall be subject to any bye-laws or general directions made or given by the Authority and to any special directions given by the harbour master.

(10) In this article–

“general direction” means a direction given under section 6 of the Port of Tyne Act 19899; and

“special direction” means a direction given under section 8 of that Act.

S-6 Provisions relating to public use of the bridge and its maintenance

Provisions relating to public use of the bridge and its maintenance

6. The undertaker shall enter into such arrangements as may be necessary with the appropriate highway authorities for the purpose of ensuring that the bridge is made available for use as a highway over which the public have a right of way on cycles and a right of way on foot.

S-7 Provisions in the event of the bridge ceasing to be used by the public

Provisions in the...

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