The Transport for Greater Manchester (Light Rapid Transit System) (Miscellaneous Provisions) Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/1030 |
| Year | 2013 |
2013 No. 1030
Transport And Works, England
Transport, England
The Transport for Greater Manchester (Light Rapid Transit System) (Miscellaneous Provisions) Order 2013
Made 29th April 2013
Coming into force 20th May 2013
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 22nd April 2013.
The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1, 2, 7, 8 and 17 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) (Miscellaneous Provisions) Order 2013 and comes into force on 20th May 2013.
Interpretation
2. In this Order—
“the 1988 Act” means the Greater Manchester (Light Rapid Transit System) Act 19883;
“later LRTS Acts” means—
(a) the Greater Manchester (Light Rapid Transit System) (No.2) Act 19884;
(b) the Greater Manchester (Light Rapid Transit System) Act 19905;
(c) the Greater Manchester (Light Rapid Transit System) (No.2) Act 19906;
(d) the Greater Manchester (Light Rapid Transit System) Act 19917;
(e) the Greater Manchester (Light Rapid Transit System) Act 19928; and
(f) the Greater Manchester (Light Rapid Transit System) Act 19949;
“road” means any highway or other road to which the public has access;
“the undertaker” means Transport for Greater Manchester, being the passenger transport executive established by the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 196910; and
“the undertaking” means the transit system undertaking of the undertaker.
Removal of requirement as to length of stops
3. Section 5(4) (power to make works) of the 1988 Act, including that provision as applied by later LRTS Acts, ceases to have effect.
Removal of requirement as to passing width of vehicles
4. Section 18 (distance between passing vehicles when used on light rapid transit system) of the 1988 Act, including that provision as applied by later LRTS Acts, ceases to have effect.
Removal of requirements as to use of electrical energy
5. Section 27 (provisions as to use of electrical energy) of the 1988 Act, including that provision as applied by later LRTS Acts, ceases to have effect.
Requirements as to tramroads crossing the highway at grade
6.—(1) Any tramroad forming part of the undertaking may cross a road on the level if it is not constructed to cross the road by way of a bridge over, or tunnel under, the road.
(2) Whilst such a tramroad is in operation, the following provisions apply to the crossing—
(a)
(a) the undertaker must provide, operate and maintain such protective equipment including traffic signs within the meaning of the Traffic Signs Regulations and General Directions 200211as the undertaker may agree with the local traffic authority;
(b)
(b) the Traffic Signs Regulations and General Directions 2002 apply to any traffic sign placed at the crossing by the undertaker as they apply to a traffic sign placed by the local traffic authority; and
(c)
(c) any traffic sign placed by the undertaker on or near a road in accordance with the provisions of sub-paragraph (a) is to be treated for the purposes of section 64(4) (general provisions as to traffic signs) of the Road Traffic Regulation Act 198412as having been placed as provided by that Act.
(3) Regardless of anything to the contrary in any local enactment, none of the following enactments apply to a crossing to which paragraph (1) applies—
(a)
(a) section 1 (where any railroad crosses a highway, etc, proprietors of railroad shall maintain gates) of the Highways (Railway Crossings) Act 183913;
(b)
(b) section 9 (gates at level crossings) of the Railway Regulation Act 184214;
(c)
(c) section 47 (provision in cases where roads are crossed on a level) of the Railways Clauses Consolidation Act 184515;
(d)
(d) section 6 (company to erect lodge at point of crossing, etc) of the Railways Clauses Act 186316; and
(e)
(e) the Level Crossings Act 198317.
(4) Paragraph (3) does not affect the application of any enactment to a crossing of a road by a railway if the railway is not part of the undertaking.
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