The Transport for Greater Manchester (Light Rapid Transit System) (Oldham, Manchester Street Modification) Order 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/2980 |
| Year | 2012 |
2012 No. 2980
Transport And Works, EnglandTransport, England
The Transport for Greater Manchester (Light Rapid Transit System) (Oldham, Manchester Street Modification) Order 2012
Made 27th November 2012
Coming into force 18th December 2012
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 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 23rd November 2012.
The Secretary of State in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1, 2, 4, 8, 9, 13 and 15 of Schedule 1 to, the 1992 Act, makes the following Order:—
Citation and commencement
1. This Order may be cited as the Transport for Greater Manchester (Light Rapid Transit System) (Oldham, Manchester Street Modification) Order 2012 and comes into force on 18th December 2012.
Interpretation
2.—(1) In this Order—
“the 1994 Act” means the Greater Manchester (Light Rapid Transit System) Act 19943;
“authorised works” means the scheduled work 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;
“the limits of deviation” means the limits of deviation for the scheduled work mentioned in article 4(1)(a);
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and maintenance is to be construed accordingly;
“the plan” means the plan certified by the Secretary of State as the plan for the purposes of this Order;
“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 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; and
“the undertaker” means Transport for Greater Manchester established by the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 19694.
(2) All distances, directions and lengths stated in the description of the scheduled work or in any description of powers are approximate and distances between points on a street tramway or tramroad are to be taken to be measured along the street tramway or tramroad.
Power to continue, maintain and operate tramroad
3.—(1) The undertaker may continue, maintain and operate the scheduled work.
(2) 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 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 on the authorised works;
(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 authorised works; and
(g)
(g) replacement facilities and works for the benefit or protection of premises affected by the other authorised works.
(3) 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 continuation, maintenance and operation of the scheduled work.
(4) Paragraphs (2) and (3) only authorise the carrying out or maintenance of works within the limits of deviation.
(5) The undertaker must not construct so much of Works Nos. 1 and 2 described in section 4(2) of the 1994 Act as lies within the limits of deviation for the scheduled work.
Power to deviate
4.—(1) In maintaining the...
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