The Luton Dunstable Translink Order 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/3118 |
| Year | 2006 |
2006 No. 3118
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
The Luton Dunstable Translink Order 2006
Made 22th November 2006
Coming into force 13th December 2006
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 20001made under sections 6, 6A, 7 and 10 of the Transport and Works Act 19922(“the 1992 Act”), for an Order under sections 1 and 5 of the 1992 Act;
The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act;
The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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;
Notice of the Secretary of State’s determination was published in the London Gazette on 8th November 2006;
Accordingly the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7 to 13 and 15 to 17 of Schedule 1 to, the 1992 Act makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the Luton Dunstable Translink Order 2006 and shall come into force on 13th December 2006.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19613;
“the 1965 Act” means the Compulsory Purchase Act 19654;
“the 1980 Act” means the Highways Act 19805;
“the 1984 Act” means the Road Traffic Regulation Act 19846;
“the 1985 Act” means the Transport Act 19857;
“the 1990 Act” means the Town and Country Planning Act 19908;
“the 1991 Act” means the New Roads and Street Works Act 19919;
“the 2003 Act” means the Communications Act 200310;
“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000;
“authorised busway” means any busway or guided busway 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;
“bridleway”, “footpath”, “highway” and “highway authority” have the same meaning as in the 1980 Act;
“busway” means a busway comprised within Work Nos. 1G, 1J, 1N, 2A, 2B and 5;
“carriageway” has the same meaning as in the 1980 Act;
“the Council” means Luton Borough Council;
“the County Council” means Bedfordshire County Council;
“cycle track” means a way over which the public have a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 198811) with a right of way on foot;
“the deposited plans” means the plans certified by the Secretary of State as the plans for the purposes of this Order;
“the deposited sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“guided bus” means a vehicle intended for the carriage of passengers and which is guided by the mode of guidance prescribed for the purposes of section 1(1)(d) of the 1992 Act by article 2(h) of the Transport and Works (Guided Transport Modes) Order 199212(track-based with side guidance) (whether or not capable of being operated in some other way);
“guided busway” means a busway adapted to provide the mode of guidance for a guided bus so prescribed;
“the limits of deviation” means the limits of deviation shown on the deposited plans;
“the limits of land to be acquired or used” means the limits of land to be acquired or used shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“Order limits” means the limits of deviation and the lines marked “limit of land to be acquired or used” on the deposited plans;
“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;
“public communications provider” has the same meaning as in section 151(1) of the 2003 Act;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“Translink” has the meaning given in article 29 (power to operate and use Translink); and
“the tribunal” means the Lands Tribunal.
(2) Where the book of reference, the deposited sections or the deposited plans was or were revised before this Order was made, any reference to it or them in this Order is to the latest version as certified under article 51 (certification of plans etc).
(3) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface and references to the subsoil of any land include references to any cellar, basement, vault, arch or other construction forming part of any such land.
(4) All directions, distances, areas, lengths and points stated in any description of works, powers or lands, shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, area, length, and point, and distances between points on the authorised busway shall be taken to be measured along the centre line of the busway.
(5) 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.
(6) References in this Order to points identified by letters shall be construed as references to the points so marked on the deposited plans.
(7) References in this Order to highways lettered FP, BW or BL are references respectively to footpaths, bridleways and bus lanes.
(8) For the purposes of any enactment applying, or operating by reference to, the definition of “public service vehicle” in section 1 of the Public Passenger Vehicles Act 198113, that definition shall be taken to include guided buses operating a service making use of the authorised busway.
Application of the 1991 Act
3.—(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway shall be treated for the purposes of Part 3 of the 1991 Act as major highway works if—
(a)
(a) they are of a description mentioned in any of paragraphs (a) and (c) to (h) of section 86(3) of the 1991 Act (which defines what highway authority works are major highway works), or
(b)
(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 of the 1980 Act (dual carriageways and roundabouts).
(2) In Part 3 of the 1991 Act, references in relation to major highway works, to the highway authority concerned shall, in relation to works which are major highway works by virtue of paragraph (1) be construed as references to the Council.
PART 2
WORKS PROVISIONS
Principal Powers
Power to construct and maintain works
4.—(1) The Council may construct and maintain the scheduled works.
(2) Subject to article 5 (power to deviate), the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
(3) Subject to paragraph (7), the Council may from time to time 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 works, namely—
(a)
(a) stopping places and such other gaps in the mode of guidance adopted and such number of ways, cross-overs, lay-bys, bus parking areas as may be necessary or convenient;
(b)
(b) works required for or in connection with, the control of vehicular or pedestrian traffic on or in the vicinity of the authorised busway;
(c)
(c) works for the 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 scheduled works;
(g)
(g) works to erect and construct such houses, warehouses, offices, and other buildings, yards, stations, engines, machinery, apparatus, and other works, and conveniences as the Council thinks fit;
(h)
(h) junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way interfered with by, or contiguous with, any of the works described in this paragraph, and works to widen or alter any highway or access way for the purposes of connecting it with any of those works or another highway, or of crossing under or over another highway or access way;
(i)
(i) all such embankments, aprons, abutments, retaining walls, wing walls, culverts and such other works as the Council thinks fit; and
(j)
(j) works for the benefit or protection of premises affected by the scheduled works.
(4) Subject to paragraph (7), the Council may from time to time carry out and maintain such other works (of whatever nature) as may be...
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