Wirral Tramway Order 1999

JurisdictionUK Non-devolved

1999 No. 1306

TRANSPORT AND WORKS

TRANSPORT

The Wirral Tramway Order 1999

Made 9th April 1999

Coming into force 30th April 1999

Whereas an application has been made to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) Rules 19921made under sections 6, 7 and 10 of the Transport and Works Act 19922(“the Act”), for an Order under sections 1 and 5 of the Act;

And whereas the Secretary of State has taken into consideration the grounds of objections to that application;

And whereas the Secretary of State 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;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 7th April 1999;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1 to 4, 6 to 13 and 15 to 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 Wirral Tramway Order 1999 and shall come into force on 30th April 1999.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In this Order, unless the context otherwise requires–

“the Act of 1961” means the Land Compensation Act 19613;

“the Act of 1984” means the Road Traffic Regulation Act 19844;

“the Application Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992;

“authorised” means authorised by this Order;

“authorised tramroad” and “authorised tramway” mean the tramroads and tramways authorised by this Order;

“authorised works” means the scheduled works and any other works authorised by this Order;

“the borough” means the Metropolitan Borough of Wirral;

“carriageway” has the same meaning as in the Highways Act 19805;

“the Council” means the Council of the borough;

“the deposited plan” means the plan described in rule 7(1)(a) and rule 7(3) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the deposited plan” for the purposes of the Order and references to land shown on that plan are references to the land so shown in pursuance of that rule;

“highway” and “highway authority” have the same meaning as in the Highways Act 1980;

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;

“reserved track tramway” means any section of a street tramway laid along part of a street which vehicles other than tramcars are deterred or prevented from using;

“the scheduled works” means the works specified in Schedule 1 to this Order;

“the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the sections” for the purposes of this Order;

“street” includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part III of the New Roads and Street Works Act 19916;

“street tramway” means any part of a tramway which is laid along a street–

(a) whether or not the section of the street in which its rails are laid may be used by other traffic, and

(b) whether the uppermost surface of the rails is level with, or raised above, the surrounding surfaces of the street;

“tramcar” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;

“tramroad” means any part of a tramway which is not a street tramway;

“tramway” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which–

(a) provide support and guidance for vehicles carried on flanged wheels, and

(b) are laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);

“the undertaker” means the Council;

“vehicle” includes mobile traction unit.

(2) 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.

Application of enactments relating to railways
S-3 Application of enactments relating to railways

Application of enactments relating to railways

3.—(1) The following provisions of the Railways Clauses Consolidation Act 18457shall be incorporated in this Order but shall apply only in relation to the authorised tramroads–

section 24 (penalty for obstructing construction of railway);

section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;

section 61 (company to make sufficient approaches and fences to highways crossing on the level).

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

“the company” means the undertaker;

“the railway” means the authorised tramroads and, except where the context otherwise requires, any authorised works ancillary to the authorised tramroads;

“the special Act” means this Order.

(3) The provisions of the Regulation of Railways Act 1840 to 1893, except the provisions of the Regulation of Railways Act 18718, shall not apply in relation to the authorised tramway.

(4) The provisions of the Highway (Railway Crossings) Act 18399shall not apply in relation to the authorised tramway.

(5) Nothing in this article shall be taken as affecting the application to the authorised tramroads of sections 32 to 34 of the Offences Against the Person Act 186110.

2 WORKS PROVISIONS

PART II

WORKS PROVISIONS

Principal powers

Principal powers

S-4 Power to construct and maintain works

Power to construct and maintain works

4.—(1) The undertaker may construct and maintain the combined street tramways and tramroads described in Schedule 1 to this Order.

(2) Subject to article 5 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plan and in accordance with the levels shown on the sections.

(3) Subject to paragraph (5) below, the undertaker may within the limits of deviation carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works, namely–

(a)

(a) works required for, or in connection with, the control of traffic on the authorised tramway;

(b)

(b) works to alter the position of apparatus, including mains, sewers, drains and cables;

(c)

(c) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(d)

(d) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works; and

(e)

(e) works for the benefit or protection of premises affected by the scheduled works.

(4) Subject to paragraph (5) below, the undertaker may within the limits of deviation carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works.

(5) Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.

S-5 Power to deviate

Power to deviate

5.—(1) In constructing or maintaining any of the scheduled works, the undertaker may–

(a)

(a) deviate laterally from the lines or situations shown on the deposited plan within the limits of deviation for that work shown on that plan; and

(b)

(b) deviate vertically from the levels shown on the sections to any extent not exceeding 0.5 metres upwards and to any extent downwards.

(2) The undertaker may in constructing or maintaining any of the authorised tramroads or authorised street tramways lay down–

(a)

(a) double lines of rails in lieu of single lines,

(b)

(b) single lines of rails in lieu of double lines,

(c)

(c) interlacing lines of rails in lieu of double or single lines, or

(d)

(d) double or single lines of rails in lieu of interlacing lines.

(3) The power in paragraph (2) above 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.

Streets

Streets

S-6 Power to keep apparatus in streets

Power to keep apparatus in streets

6.—(1) The undertaker may, for the purposes of or in connection with the construction, maintenance and use of any authorised street tramway, place and maintain in any street along which the tramway is laid any work, equipment or apparatus including, without prejudice to the generality of the foregoing, foundations, platforms, road islands, substations, electric lines and any electrical or other apparatus.

(2) In this article–

(a)

(a) “apparatus” has the same meaning as in Part III of the New Roads and Street Works Act 1991;

(b)

(b) “electric line” has the meaning given by section 64(1) of the Electricity Act 198911; and

(c)

(c) the reference to any work, equipment, apparatus or other thing in a street includes a reference to any work, equipment, apparatus or other thing under, over, along or upon the street.

S-7 Power to execute street works

Power to execute street works

7. The undertaker may, for the purpose of exercising the powers conferred by article 6 above and the other provisions of this Order, enter upon any street along which any authorised street tramways are laid and may execute any works required for or incidental to the exercise of those powers including, without prejudice to the generality of the foregoing, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street.

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