Greater Manchester (Light Rapid Transit System) (Trafford Park) Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/1367 |
2001 No. 1367
TRANSPORT AND WORKS, ENGLANDTRANSPORT, ENGLAND
The Greater Manchester (Light Rapid Transit System) (Trafford Park) Order 2001
Made 9th February 2001
Coming into force 2nd March 2001
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 Act”), for an Order under sections 1, 3 and 5 of the Act;
And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the Act;
And whereas the Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 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) (Trafford Park) 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 1992 Act” means the Greater Manchester (Light Rapid Transit System) Act 19924;
“authorised works” means the works authorised by the 1992 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 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 work 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 work” means the work specified in Schedule 1 to this Order or any part of it;
“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 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; and
(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 references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
(3) All distances, directions and lengths stated in the description of the scheduled work 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 tramroad shall be taken to be measured along the tramroad.
PART II
WORKS PROVISIONS
Principal powers
Power to construct and maintain work
3.—(1) Subject to paragraphs (5) and (6) below, the undertaker may construct and maintain the scheduled work in lieu of so much of Work No. 3 of the 1992 Act as lies between the commencement and termination points of the scheduled work and may construct and maintain the remainder of that work under the 1992 Act to join the scheduled work.
(2) Subject to article 4 below, the scheduled work 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 work, 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,
(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 works authorised by this Order, and
(g)
(g) replacement facilities and works for the benefit or protection of premises affected by the other works authorised by this Order.
(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 work.
(5) If the undertaker constructs the scheduled work, the undertaker shall not construct that part of Work No. 3 of the 1992 Act in lieu of which the scheduled work is authorised to be constructed.
(6) If the undertaker constructs any part of Work No. 3 of the 1992 Act between the commencement and termination points of the scheduled work, the undertaker shall not construct the scheduled work.
Power to deviate
4.—(1) In constructing or maintaining the scheduled work, 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 the scheduled work 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 1992
5. The following provisions of the 1992 Act shall apply to the scheduled work as if it were a work authorised by that Act and 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).
PART III
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
6. The undertaker 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 scheduled work or the authorised works and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its transit system undertaking.
Application of Part I of the Compulsory Purchase Act 1965
7.—(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 19817applies, 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...
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