Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/1936 |
1998 No. 1936
TRANSPORT AND WORKSTRANSPORT
The Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998
Made 6th August 1998
Coming into force 27th August 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, 3 and 5 of the Act;
And whereas the Secretary of State for Transport 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 for the Environment, Transport and the Regions (“the Secretary of State”), having considered 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 the Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Part III of Schedule 4 to this Order is not required;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 5th August 1998;
Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1, 3 and 5 of, and paragraphs 1 to 4, 6 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) (Ashton-under-Lyne Extension) Order 1998 and shall come into force on 27th August 1998.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“the 1965 Act” means the Compulsory Purchase Act 19653;
“the 1984 Act” means the Road Traffic Regulation Act 19844;
“the 1991 Act” means the New Roads and Street Works Act 19915;
“authorised street tramway” means any street tramway authorised by this Order;
“authorised tramroad” means any tramroad authorised by this Order;
“authorised transit system” means the transit system (consisting of the authorised street tramways and the authorised tramroads) authorised by this Order;
“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;
“carriageway” has the same meaning as in the Highways Act 19806;
“the exchange lands” means the lands marked as exchange land and shown coloured green on the public open space plans;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980;
“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 6(1)(a) and (2);
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“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 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 tenancy having an unexpired term exceeding 3 years;
“the public open space plans” means the plans numbered MS112 and MS113 attached to the land plans;
“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 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 1991 Act;
“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;
“the telecommunications code” means Schedule 2 to the Telecommunications Act 19847;
“tramcar” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a transit system;
“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;
“vehicle” includes mobile traction unit;
“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) In the case of any street in relation to which an order made under section 249(2) of the Town and Country Planning Act 19908(a pedestrian planning order) is in force, the kerbline of the street, where there is no kerb, shall be taken to be the edge of the part of the street on which the passage of vehicles is permitted.
(4) 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.
(5) 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.
(6) 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.
Application of enactments relating to railways
3.—(1) The following provisions of the Railways Clauses Consolidation Act 18459shall be incorporated in this Order but shall apply only in relation to the authorised tramroads:—
section 46 (crossing of roads—level crossings);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 192310; and
section 145 (recovery of penalties).
(2) In those provisions, as incorporated in this Order—
“the company” means the undertaker;
“goods” includes anything conveyed on the authorised tramroads;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means the authorised tramroads and, except where the context otherwise requires, any authorised works ancillary to the authorised tramroads;
“the special Act” means this Order;
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any authorised tramroad.
(3) In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.
(4) The application of section 68 of the said Act of 1845 shall not be taken to require any fencing at the junction of an authorised tramroad with an authorised street tramway.
(5) The provisions of the Regulation of Railways Acts 1840 to 1893 shall not apply in relation to the authorised transit system.
(6) The provisions of the Highway (Railway Crossings) Act 183911shall not apply in relation to the authorised transit system.
(7) Nothing in this article shall be taken as affecting the application to the authorised tramroads of sections 32 to 34 of the Offences Against the Person Act 186112.
Application of 1991 Act
4.—(1) Section 56 (directions as to timing) and section 58 (restrictions following substantial road works) of the 1991 Act shall not apply in relation to any works executed under the power of this Order.
(2) The provisions of the 1991 Act mentioned in...
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