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The Greater Manchester (Leigh Busway) Order 2005

S.I. 2005/1918 · Made 13 July 2005

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TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

Made 13th July 2005

Coming into force 3rd August 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 Act”), for an Order under sections 1 and 5 of the 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 Act;

And whereas the Secretary of State has considered the objections made and not withdrawn and the report of the person who held the inquiry, and further representations made to him, and has determined to make the Order applied for with modifications;

And whereas the Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Part 3 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 8th July 2005;

Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 4, 6 to 13 and 15 to 17 of Schedule 1 to, the Act, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

S.I. 2000/2190.

f2

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

Contents

  1. Part 1: preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application of the 1991 Act
  5. Part 2: works provisions
  6. Principal powers
  7. 4Power to construct and maintain works
  8. 5Power to deviate
  9. Streets
  10. 6Power to alter layout of streets
  11. 7Power to keep apparatus in streets
  12. 8Power to execute street works
  13. 9Construction of new and stopping up of existing paths or streets
  14. 10Temporary stopping-up of paths or streets
  15. 11Access to works
  16. 12Construction and maintenance of new or altered paths or streets
  17. 13Construction of bridges and tunnels
  18. 14Agreements with street authorities
  19. 15Level crossings
  20. Supplemental
  21. 16Discharge of water
  22. 17Planning permission: supplementary powers
  23. 18Power to survey and investigate land
  24. 19Obstruction of construction of busway
  25. Part 3: acquisition and possession of land
  26. Powers of acquisition
  27. 20Power to acquire land
  28. 21Application of Part I of the Compulsory Purchase Act 1965
  29. 22Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  30. 23Powers to acquire new rights
  31. 24Powers to acquire subsoil only
  32. 25Rights under or over streets
  33. Temporary possession of land
  34. 26Temporary use of land for construction of works
  35. 27Temporary use of land for maintenance of works
  36. Compensation
  37. 28Disregard of certain interests and improvements
  38. Supplementary
  39. 29Acquisition of part of certain properties
  40. 30Extinction or suspension of private rights of way
  41. 31Time limit for exercise of powers of acquisition
  42. Part 4: operation of authorised busway system
  43. 32Power to operate and use authorised busway system
  44. 33Power to charge fares
  45. 34Service subsidy agreements
  46. 35Registration of busway services
  47. 36Substitute road services
  48. 37Maintenance of approved works, etc.
  49. 38Removal of obstructions
  50. 39Traffic signs
  51. 40Traffic regulation
  52. 41Power to lop trees overhanging busway system
  53. 42Trespass on busway system
  54. 43Power to make byelaws
  55. 44Power to contract for police services
  56. 45Power of disposal, agreements for operation, etc.
  57. 46Application of landlord and tenant law
  58. 47Town and country planning: statutory undertakers
  59. Part 5: protective provisions
  60. 48Statutory undertakers, etc.
  61. 49For protection of Environment Agency
  62. 50Minerals
  63. 51Arrangements with highway authorities
  64. Part 6: miscellaneous and general
  65. 52Disclosure of confidential information
  66. 53Certification of plans, etc.
  67. 54Service of notices
  68. 55No double recovery
  69. 56Arbitration
  70. Signature
  71. Schedule 1SCHEDULED WORKS
  72. Schedule 2ACQUISITION OF CERTAIN LAND
  73. Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
  74. Schedule 4: PATHS AND STREETS TO BE STOPPED UP AND PROVISION OF SUBSTITUTES
  75. 1new paths or streets
  76. 2paths for which substitutes are to be provided
  77. 3paths and streets for which no substitutes will be provided
  78. Schedule 5PATHS AND STREETS TO BE TEMPORARILY STOPPED UP
  79. Schedule 6HIGHWAYS TO BE CROSSED ON THE LEVEL
  80. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  81. Compensation enactments
  82. 1Paragraph 1
  83. 2Paragraph 2
  84. Adaptation of the 1965 Act
  85. 3Paragraph 3
  86. 4Paragraph 4
  87. 5Paragraph 5
  88. 6Paragraph 6
  89. 7Paragraph 7
  90. 8Paragraph 8
  91. 9Paragraph 9
  92. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  93. Schedule 9: TRAFFIC REGULATION ORDERS
  94. 1prohibition and restrictions of stopping and waiting
  95. 2bus lanes
  96. 3direction of travel
  97. 4prohibition of access
  98. Schedule 10: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  99. Apparatus of statutory undertakers, etc. on land acquired
  100. 1Paragraph 1
  101. Apparatus of statutory undertakers, etc. in stopped up streets
  102. 2Paragraph 2
  103. Explanatory note