Greater Manchester (Light Rapid Transit System) (Land Acquisition) Order 1998

JurisdictionUK Non-devolved
CitationSI 1998/2919

1998 No. 2919

TRANSPORT AND WORKS

TRANSPORT

The Greater Manchester (Light Rapid Transit System) (Land Acquisition) Order 1998

Made 23th October 1998

Coming into force 13th November 1998

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 sections 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”) is satisfied in accordance with section 13(1) of the Act that its requirements in relation to any objections have been satisfied;

And whereas the Secretary of State has determined to make an Order giving effect to the proposals comprised in the application and notice of his determination was published in the London Gazette on 21st October 1998;

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

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Land Acquisition) Order 1998 and shall come into force on 13th November 1998.

S-2 Interpretation

Interpretation

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

the 1965 Act” means the Compulsory Purchase Act 19653;

the 1991 Act” means the Greater Manchester (Light Rapid Transit System) Act 19914;

“authorised works” means the works authorised by the 1991 Act;

“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 Executive” means Greater Manchester Passenger Transport Executive;

“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;

“the tribunal” means the Lands Tribunal.

(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.

S-3 Power to acquire land

Power to acquire land

3. The Executive may acquire compulsorily so much of the land shown on the land plans and described in the book of reference as may be required for the purposes of the authorised works and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its undertaking.

S-4 Application of Part I of Compulsory Purchase Act 1965

Application of Part I of Compulsory Purchase Act 1965

4.—(1) Part I of the 1965 Act, insofar as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order–

(a)

(a) as it applies to a compulsory purchase to which the Acquisition of Land Act 19815applies, and

(b)

(b) as if this Order were a compulsory purchase order under that Act.

(2) Part I of the 1965 Act, as so applied, shall have effect as if–

(a)

(a) section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and

(b)

(b) in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted–

(i) in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month, or

(ii) in any other case, a reference to notice of 3 months.

S-5 Disregard of certain interests and improvements

Disregard of certain interests and improvements

5.—(1) In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account–

(a)

(a) any interest in land, or

(b)

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In paragraph (1) above “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.

S-6 Extinction of private rights of way

Extinction of private rights of way

6.—(1) All private rights of way over land subject to compulsory acquisition...

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