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The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2005, ISBN 0110723244 · Made 26 January 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Order made by the Secretary of State for Transport, subject to special parliament procedure and laid before Parliament under section 1 of the Statutory Orders (Special Procedure) Act 1945 on 8th February 2005, together with the certificate required by section 2(2) of that Act.

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

Made 26th January 2005

Laid before Parliament 8th February 2005

Coming into force 2005

Whereas 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 2000f1 made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992f2 (“the 1992 Act”), for an Order under sections 1 and 5 of the 1992 Act;

And whereas the Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act;

And whereas the Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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;

And whereas the Secretary of State is satisfied that the provision of alternative rights of way for each of the streets mentioned in Part 2 of Schedule 4 to this Order is not required;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 23rd December 2004;

And whereas the Order will not come into force until it has been laid before Parliament and has been brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965f3.

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 5 of, and paragraphs 1 to 13 and 15 to 17 of Schedule 1 to, the 1992 Act and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

S.I. 2000/2190.

f2

1992 c. 42, amended by S.I. 1995/1541 and 1998/2226.

f3

1945 c. 18 (9 & 10 Geo 6), of which section 3 was amended by section 12 of the Transport and Works Act 1992, and 1965 c. 43.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation
  3. 2Interpretation
  4. 3Application of New Roads and Street Works Act 1991
  5. 4Incorporation of the Railways Clauses Consolidation Act 1845
  6. 5Application of the Midland Metro Acts
  7. Part 2: WORKS PROVISIONS
  8. Principal powers
  9. 6Power to construct and maintain works
  10. 7Power to deviate, etc.
  11. 8Designation of works
  12. Streets
  13. 9Power to alter layout, etc. of streets
  14. 10Power to keep apparatus in streets
  15. 11Power to execute street works
  16. 12Permanent stopping up of means of access
  17. 13Permanent stopping up of streets
  18. 14Temporary stopping up of streets
  19. 15Access to works
  20. 16Construction and maintenance of new or altered highways
  21. 17Construction and alteration of bridges
  22. 18Restoration of streets if street tramway discontinued
  23. 19Agreements with street authorities
  24. 20Level crossings
  25. 21Closure of level crossings
  26. Supplemental powers
  27. 22Discharge of water
  28. 23Attachment of equipment to buildings for purposes of tramway
  29. 24Safeguarding works to buildings
  30. 25Power to construct temporary tramways
  31. 26Power to survey and investigate land
  32. 27Mode of construction and operation of tramway
  33. 28Temporary interference with waterways
  34. Part 3: ACQUISITION AND POSSESSION OF LAND
  35. Powers of acquisition
  36. 29Power to acquire land
  37. 30Application of Part I of the Compulsory Purchase Act 1965
  38. 31Application of Compulsory Purchase (Vesting Declarations) Act 1981
  39. 32Power to acquire rights
  40. 33Rights under or over streets
  41. Temporary possession of land
  42. 34Temporary use of land for construction of works
  43. 35Temporary use of land for maintenance of works
  44. 36Temporary use of land for carrying out of accommodation and mitigation works
  45. Compensation
  46. 37Disregard of certain interests and improvements
  47. Supplementary
  48. 38Acquisition of part of certain properties
  49. 39Extinction or suspension of rights of way
  50. 40Time limit for exercise of powers of acquisition
  51. Part 4: OPERATION OF TRAMWAY SYSTEM
  52. 41Power to operate and use tramway system
  53. 42Maintenance of approved works etc.
  54. 43Power to charge fares
  55. 44Traffic signs
  56. 45Tree preservation orders
  57. 46Obstruction of construction of authorised works
  58. 47Traffic regulation
  59. Part 5: MISCELLANEOUS AND GENERAL
  60. 48Planning permission: supplementary matters
  61. 49Statutory undertakers, etc.
  62. 50Minerals
  63. 51Saving for highway authorities
  64. 52Certification of plans etc.
  65. 53Service of notices
  66. 54No double recovery
  67. 55Disclosure of confidential information
  68. 56Withholding of consent
  69. 57Arbitration
  70. 58Protective provisions
  71. 59Midland Metro Line 1: miscellaneous amendments
  72. Signature
  73. Schedule 1SCHEDULED WORKS
  74. Schedule 2: ACQUISITION OF LAND, ETC OUTSIDE LIMITS OF DEVIATION
  75. 1ACQUISITION OF LAND
  76. 2ACQUISITION OF RIGHTS ONLY
  77. Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
  78. Schedule 4: STREETS TO BE STOPPED UP
  79. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  80. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  81. Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
  82. Schedule 6LEVEL CROSSINGS ON TRAMROADS
  83. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  84. Compensation enactments
  85. 1Paragraph 1
  86. 2Paragraph 2
  87. Adaptation of the 1965 Act
  88. 3Paragraph 3
  89. 4Paragraph 4
  90. 5Paragraph 5
  91. 6Paragraph 6
  92. 7Paragraph 7
  93. 8Paragraph 8
  94. 9Paragraph 9
  95. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  96. Schedule 9: TRAFFIC REGULATION
  97. Part 1: PROHIBITION OR RESTRICTION OF WAITING AND LOADING/UNLOADING
  98. TABLE ANo waiting, loading or unloading at any time
  99. Part 2: DIRECTION OF TRAFFIC
  100. TABLE BOne way
  101. Part 3: PROHIBITION OF ACCESS
  102. TABLE CNo passage of vehicular traffic except tramcars
  103. TABLE DNo passage of vehicular traffic
  104. Schedule 10: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  105. Apparatus of statutory undertakers, etc. on land acquired
  106. 1Paragraph 1
  107. Apparatus of statutory undertakers, etc, in stopped up streets
  108. 2Paragraph 2
  109. Application of telecommunications code
  110. 3Paragraph 3
  111. Schedule 11: PROTECTIVE PROVISIONS
  112. Part 1: FOR PROTECTION OF BRITISH WATERWAYS BOARD
  113. 1Paragraph 1
  114. Interpretation
  115. Powers requiring BW’s consent
  116. 2Paragraph 2
  117. Vehicles, plant and machinery
  118. 3Paragraph 3
  119. Closure of towing paths, etc.
  120. 4Paragraph 4
  121. Fencing
  122. 5Paragraph 5
  123. Survey of waterway
  124. 6Paragraph 6
  125. Approval of plans, protective works etc.
  126. 7Paragraph 7
  127. Design of works
  128. 8Paragraph 8
  129. Notice of works
  130. 9Paragraph 9
  131. Lighting
  132. 10Paragraph 10
  133. Construction of specified works
  134. 11Paragraph 11
  135. Prevention of pollution
  136. 12Paragraph 12
  137. Access to work: provision of information
  138. 13Paragraph 13
  139. Alterations to waterway
  140. 14Paragraph 14
  141. Maintenance of works
  142. 15Paragraph 15
  143. Repayment of BW’s fees, etc.
  144. 16Paragraph 16
  145. Costs of alterations, etc.
  146. 17Paragraph 17
  147. Making good of detriment; compensation and indemnity, etc.
  148. 18Paragraph 18
  149. Details of capitalised sums to be provided
  150. 19Paragraph 19
  151. Arbitration
  152. 20Paragraph 20
  153. Part 2: FOR PROTECTION OF ENVIRONMENT AGENCY
  154. 1Paragraph 1
  155. 2Paragraph 2
  156. 3Paragraph 3
  157. 4Paragraph 4
  158. 5Paragraph 5
  159. 6Paragraph 6
  160. 7Paragraph 7
  161. 8Paragraph 8
  162. 9Paragraph 9
  163. 10Paragraph 10
  164. 11Paragraph 11
  165. 12Paragraph 12
  166. Part 3: FOR PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
  167. 1Paragraph 1
  168. 2Paragraph 2
  169. 3Paragraph 3
  170. 4Paragraph 4
  171. 5Paragraph 5
  172. 6Paragraph 6
  173. 7Paragraph 7
  174. 8Paragraph 8
  175. 9Paragraph 9
  176. 10Paragraph 10
  177. 11Paragraph 11
  178. 12Paragraph 12
  179. 13Paragraph 13
  180. 14Paragraph 14
  181. 15Paragraph 15
  182. 16Paragraph 16
  183. 17Paragraph 17
  184. 18Paragraph 18
  185. Explanatory note