Trafford Park Railway Order 1995

JurisdictionUK Non-devolved

1995 No. 2446

TRANSPORT AND WORKS

TRANSPORT

The Trafford Park Railway Order 1995

Made 6th September 1995

Coming into force 12th September 1995

The Secretary of State for Transport, on application made to him in accordance with rules1made under section 6 of the Transport and Works Act 19922(hereinafter referred to as “the Act”) by the Trafford Park Company for an Order made under section 1 of the Act, being satisfied in accordance with section 13(1) of the Act that its requirements in relation to any objections have been satisfied, and having determined to give effect to the proposals comprised in such application with modifications, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1, 2, 16 and 17 of Schedule 1 to, the Act, and of all other powers enabling him in that behalf, hereby makes the following Order:

1 PRELIMINARY

PART I

PRELIMINARY

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Trafford Park Railway Order 1995 and shall come into force on 12th September 1995.

Interpretation
S-2 Interpretation

Interpretation

2. In this Order, unless the context otherwise requires—

“authorised works” means the works authorised by this Order;

“the deposited plans” means the plans prepared in connection with the application for this Order, marked by the Department of Transport as being the plans of this Order;

“the new highway” means the Ashburton Road roundabout (Village Circle) proposed to be constructed by the Trafford Park Development Corporation as shown on Drawing Number 9602/300/003 in the deposited plans;

“the new level crossings” means the following three new public level crossings where the new highway will cross the new railway;

(a) Village Circle (Westbound slip to Trafford Park Road) at the reference points 379743.967 East and 396813.742 North;

(b) Village Circle (Eastbound) at the reference points 379768.923 East and 396803.891 North;

(c) Village Circle (Westbound) at the references points 379835.311 East and 396704.289 North;

“the new railway” means 650 metres of railway and works being or to be constructed between Trafford Park Road (Village Circle) and Westinghouse Road (Europa Circle) and the associated engine turning facility at Trafford Park Road on the South Western side of its junction with Westbrook Road, Trafford Park, Greater Manchester as shown 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) or 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;

“street” includes part of a street;

“street authority”, in relation to a street, means the Trafford Metropolitan Borough Council;

“the undertaker” means the Trafford Park Company, a statutory company constituted under the Trafford Park Act 19043, whose principal office is at Neil House, Twining Road, Ashburton, Trafford Park, Manchester M17 1AT;

“the undertaker’s railway” means the various lengths of railway authorised by the West Manchester Light Railways Orders 1899 to 1906 (made under the Light Railways Act 1896)4and the Trafford Park Act 1904 and the Trafford Park Act 19225and operated for the carriage of goods forming the Trafford Park railway network shown on the deposited plans.

Incorporation of Railways Clauses Consolidation Act
S-3 Incorporation of Railways Clauses Consolidation Act

Incorporation of Railways Clauses Consolidation Act

3.—(1) The following provisions of the Railways Clauses Consolidation Act 18456shall be incorporated in this Order—

section 77 (presumption that minerals excepted from acquisition of land);

section 105 (carriage of dangerous goods on railways);

section 145 (recovery of penalties); and

section 154 (transient offenders).

(2) In those provisions, as incorporated in this Order—

“the company” means the undertaker;

“goods” includes any thing conveyed on the railway authorised to be operated by this Order;

“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;

“railway”, in relation to any such provision, means the new railway authorised to be operated by this Order;

“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 goods conveyed on the new railway authorised to be operated by this Order.

2 WORKS PROVISIONS

PART II

WORKS PROVISIONS

Streets

Streets

S-4 Permanent stopping up of streets

Permanent stopping up of streets

4.—(1) Subject to the provisions of this article, the undertaker may permanently stop up the part of the street specified in columns (1) and (2) of Schedule 1 to this Order to the extent specified, by reference to the letters and numbers shown on the deposited plans, in column (3) of that Schedule.

(2) The street specified in columns (1) and (2) of Schedule 1 to this Order (being a street to be stopped up for which no substitute is to be provided) shall not be wholly or partly stopped up under this article unless the condition specified in paragraph (3) below is satisfied in relation to all the relevant land; and for this purpose “relevant land” means any land which abuts on either side of the street to be stopped up.

(3) The condition referred to in paragraph (2) above is that:

(a)

(a) the undertaker is in possession of the land, or

(b)

(b) there is no right of access to the land from the street concerned, or

(c)

(c) there is reasonably convenient access to the land otherwise than from the street concerned, or

(d)

(d) the owners and occupiers of the land have agreed to the stopping-up.

S-5 Agreement with the street authority

Agreement with the street authority

5.—(1) The street authority and the undertaker may enter into agreements with respect to the stopping up of a street under the powers conferred by this Order.

(2) Such an agreement may, without prejudice to the generality of paragraph (1) above:

(a)

(a) delegate to the street authority any function under this Order which relates to the street in question, and

(b)

(b) contain such terms as to payment and otherwise as the parties consider appropriate.

3 MISCELLANEOUS AND GENERAL

PART III

MISCELLANEOUS AND GENERAL

Power to operate, use and maintain the new railway
S-6 Power to operate, use and maintain the new railway

Power to operate, use and maintain the new railway

6. The undertaker may operate, use and maintain the new railway and other authorised works as part of the undertaker’s railway for the carriage of goods.

Maintenance of approved works etc.
S-7 Maintenance of approved works etc.

Maintenance of approved works etc.

7.—(1) Where pursuant to the Railways and other Transport Systems (Approval of Works, Plant and Equipment) Regulations 19947approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the railway authorised to be operated by this Order, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railway so authorised.

(2) If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.

Service of notices
S-8 Service of notices

Service of notices

8.—(1) A notice or other document required or authorised to be served for the purposes of this Order may be served by post.

(2) Where the person on whom a notice or other document is to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 19788as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise—

(a)

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body,

(b)

(b) in any other case, his last known address at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by—

(a)

(a) addressing it to him by name or by the description of...

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