The Greater Manchester (Light Rapid Transit System) (Media City Extension) Order 2009
| Jurisdiction | UK Non-devolved |
2009 No. 1100
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Greater Manchester (Light Rapid Transit System) (Media City Extension) Order 2009
Made 27th April 2009
Coming into force 18th May 2009
An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20061for an Order under sections 1 and 5 of the Transport and Works Act 19922(“the 1992 Act”).
The Secretary of State, having considered the objections made and not withdrawn, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change in the proposals.
Notice of the Secretary of State’s determination was published in the London Gazette on 16th April 2009.
Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1, 2, 7 to 9, 11 to 13 and 15 to 17 of Schedule 1 to, the 1992 Act:—
Citation and commencement
1. This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Media City Extension) Order 2009 and shall come into force on 18th May 2009.
Interpretation
2. In this Order—
“the 1996 Order” means the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 19963;
“the 2006 Order” means the Greater Manchester (Light Rapid Transit System) Order 20064;
“authorised street tramway” means any part of the scheduled work which is a street tramway by virtue of the operation of article 6 (designation of works);
“authorised tramroad” means the tramroad authorised by this Order;
“authorised tramway” means the tramway authorised by this Order;
“authorised works” means the scheduled work and any other work authorised by this Order;
“the limits of deviation” means the limits of deviation for the scheduled work shown on the works plan;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;
“the scheduled work” means the work specified in the Schedule 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 tramway which is laid along a street whether or not the section of the street in which its rails are laid may be used by other traffic;
“tramroad” means any part of a tramway which is not a street tramway;
“the undertaker” means Greater Manchester Passenger Transport Executive, as established under the South East Lancashire and North East Cheshire Passenger Transport (Designation) Order 19695;
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;
“the works plan” means the plan certified by the Secretary of State as the works plan for the purposes of this Order.
(2) 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 scheduled work shall be taken to be measured along the scheduled work.
Application of enactments relating to railways
3.—(1) The provisions of the Regulation of Railways Acts 1840 to 18936shall not apply in relation to the authorised tramroad.
(2) The provisions of the Highway (Railway Crossings) Act 18397shall not apply in relation to the authorised tramroad.
(3) Sections 32 to 34 of the Offences Against the Person Act 18618shall apply in relation to the authorised tramroad as if the word “tramroad” were substituted for “railway” throughout those sections.
Power to construct and maintain work
4.—(1) The undertaker may construct and maintain the scheduled work in place of so much of Work No.10 of the 1996 Order as lies between the commencement and termination points of the scheduled work and may construct and maintain the remainder of that work under the 1996 Order to join the scheduled work.
(2) Subject to article 5 (power to deviate), the scheduled work may only be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the sections.
(3) Subject to paragraph (5), the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled work, namely—
(a)
(a) stations, platforms and tram stops;
(b)
(b) works required for, or in connection with, the control of vehicular and pedestrian traffic on the authorised tramroad;
(c)
(c) works to alter the position of apparatus, including mains, sewers, drains and cables;
(d)
(d) works to alter the course of, or otherwise interfere with, a watercourse other than a navigable watercourse;
(e)
(e) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled work; and
(f)
(f) works for the benefit or protection of premises affected by the scheduled work.
(4) Subject to paragraph (5), the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled work, other than works that would interfere with a navigable watercourse.
(5) Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works within the limits of deviation.
(6) If the undertaker constructs the scheduled work, the undertaker shall not construct that part of Work No.10 of the 1996 Order in place of which the scheduled work is authorised to be constructed.
(7) If the undertaker constructs any part of Work No.10 of the 1996 Order between the commencement and termination points of the scheduled work, the undertaker shall not construct the scheduled work.
Power to deviate
5.—(1) In constructing or maintaining the scheduled work, the undertaker may—
(a)
(a) deviate laterally from the lines or situations shown on the works plan within the limits of deviation for that work; 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 as may be found to be necessary or convenient.
(2) The undertaker may, in constructing or maintaining any of the scheduled work, lay down—
(a)
(a) double lines of rails in place of single lines;
(b)
(b) single lines of rails in place of double lines;
(c)
(c) interlacing lines of rails in place of double or single lines; or
(d)
(d) double or single lines of rails in place of interlacing lines.
(3) The power in paragraph (2) shall not be exercised in the case of any authorised street tramway without the consent of the street authority, but such consent shall not be unreasonably withheld.
Designation of works
6.—(1) Regardless of anything in the description of the scheduled work contained in the Schedule the whole or any part of the authorised tramroad may...
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