Greater Manchester (Light Rapid Transit System) (Mumps Surface Crossing) Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/1368 |
2001 No. 1368
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Greater Manchester (Light Rapid Transit System) (Mumps Surface Crossing) Order 2001
Made 9th February 2001
Coming into force 2nd March 2001
Whereas an application has been made to the Secretary of State for Transport, in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under section 6, 7 and 10 of the Transport and Works Act 19922(“the Act”), for an Order under sections 1 and 5 of the Act;
And whereas the Secretary of State for the Environment, Transport and the Regions (“the Secretary of State”), 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 8th February 2001;
Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 4, 6 to 8, 11 to 13 and 15 to 17 of Schedule 1 to the Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
PART I
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Mumps Surface Crossing) Order 2001 and shall come into force on 2nd March 2001.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“the 1965 Act” means the Compulsory Purchase Act 19653;
“the 1994 Act” means the Greater Manchester (Light Rapid Transit System) Act 19944;
“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;
“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 lateral deviation for the scheduled works mentioned in article 4(1)(a);
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“occupier” means a person occupying land under a tenancy for a period of more than one month (not being a statutory tenant within the meaning of the Rent Act 19775or the Rent (Agriculture) Act 19766;
“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 the 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 agreement, where the unexpired term of that lease or agreement exceeds 3 years;
“the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the New Roads and Street Works Act 19917;
“street tramway” means any part of a transit system 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;
“tramroad” means any part of a transit system which is not a street tramway;
“transit system” 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 in part 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 Tribunal;
“the undertaker” means Greater Manchester Passenger Transport Executive;
“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 reference to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
(3) Except in articles 3(5) and 15(2) below, 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, shall be construed as references to the points so marked on the works plans.
(5) All distances, directions and lengths 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 and length, and distances between points on a street tramway or tramroad shall be taken to be measured along the street tramway or tramroad.
PART II
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
3.—(1) Subject to paragraphs (5) and (6) below, the undertaker may construct and maintain the scheduled works.
(2) Subject to article 4 below, the scheduled works may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
(3) The undertaker may 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) stations, platforms and stopping places,
(b)
(b) works required for, or in connection with, the control of any vehicular and pedestrian traffic on the authorised works,
(c)
(c) works for the strengthening, alteration or demolition of any building or structure,
(d)
(d) works to alter the position of any street furniture or apparatus, including mains, sewers, drains and cables,
(e)
(e) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
(f)
(f) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the other authorised works, and
(g)
(g) replacement facilities and works for the benefit or protection of premises affected by the other authorised works.
(4) The undertaker may 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) If the undertaker constructs the scheduled works, the undertaker shall not construct Work No. 5, the substituted portion of Work No. 5, or Work No. 7 described in section 4(2) of the 1994 Act or exercise the powers conferred by section 5(1)(f) and (g) of that Act.
(6) If the undertaker constructs those works authorised by, or those powers conferred by, the 1994 Act which are referred to in paragraph (5) above, the undertaker shall not construct the scheduled works.
Power to deviate
4.—(1) In constructing or maintaining either of the scheduled works, the undertaker may—
(a)
(a) deviate laterally from the lines or situations shown on the works plans within the limits of deviation for that work shown on those plans, and
(b)
(b) deviate vertically from the levels shown on the sections—
(i) to any extent not exceeding 3 metres upwards, and
(ii) to any extent downwards.
(2) The undertaker may in constructing or maintaining either of the scheduled works 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 Work No. 1 without the consent of the street authority, but such consent shall not be unreasonably withheld.
(4) the undertaker may in constructing and maintaining Work No. 2 provide within the limits of deviation such number of lines of rails and sidings as may be necessary or expedient.
Application of the Greater Manchester (Light Rapid Transit System) Act 1994
5.—(1) The following provisions of the 1994 Act shall apply to the scheduled works as if they were works authorised by that Act and as if Work No. 1 were included in the definition of “the tramway” and Work No. 2 were included within the definition of “the tramroads” in section 2 of that Act:—
section 6 |
(gauge of tramroads and tramway), |
section 8 |
(plans to be approved by Secretary of State before works commenced), |
section 9 |
(approval of Secretary of State), |
section 10 |
(certain works to be deemed tramways, etc.), |
section 11 |
(extension of powers). |
(2) Section 11 of the 1994 Act as applied by paragraph (1) above shall have effect as if, in subsection (2)(d), in addition to the reference to West Street and Winterbottom Street, there were a reference to the highway at the junction of Wallshaw Street and Mumps and the highway at the junction of Wallshaw Place and Bottom O' Th' Moor.
PART III
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
6. The undertaker may acquire compulsorily—
(a) so much of the land shown on the land plans within the limits of deviation for the scheduled works shown on those plans and described in the book of reference as may be required for the purposes of the authorised works, and
(b) so much of the land specified...
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