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The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005

S.I. 2005/1794 · Made 1 July 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.

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

Made 1st July 2005

Coming into force 22nd July 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 (“the Applications Rules”) 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And whereas the Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 notice of the Secretary of State’s determination was published in the London Gazette on 15th June 2005;

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, 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.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  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. 13Temporary stopping up of streets
  18. 14Access to works
  19. 15Construction and maintenance of new or altered highways
  20. 16Construction and alteration of bridges
  21. 17Restoration of streets if street tramway discontinued
  22. 18Agreements with street authorities
  23. Supplemental powers
  24. 19Discharge of water
  25. 20Attachment of equipment to buildings for purposes of tramway
  26. 21Safeguarding works to buildings
  27. 22Power to construct temporary tramways
  28. 23Power to survey and investigate land
  29. 24Mode of construction and operation of tramway
  30. Part 3: ACQUISITION AND POSSESSION OF LAND
  31. Powers of acquisition
  32. 25Power to acquire land
  33. 26Application of Part I of Compulsory Purchase Act 1965
  34. 27Application of Compulsory Purchase (Vesting Declarations) Act 1981
  35. 28Powers to acquire new rights
  36. 29Rights under or over streets
  37. Temporary possession of land
  38. 30Temporary use of land for construction of works
  39. 31Temporary use of land for maintenance of works
  40. 32Temporary use of land for carrying out of accommodation and mitigation works
  41. Compensation
  42. 33Disregard of certain interests and improvements
  43. Supplementary
  44. 34Acquisition of part of certain properties
  45. 35Extinction or suspension of rights of way
  46. 36Time limit for exercise of powers of acquisition
  47. Part 4: OPERATION OF TRAMWAY SYSTEM
  48. 37Power to operate and use tramway system
  49. 38Maintenance of approved works, etc.
  50. 39Power to charge fares
  51. 40Traffic signs
  52. 41Tree Preservation Orders
  53. 42Obstruction of construction of authorised works
  54. 43Traffic regulation
  55. Part 5: MISCELLANEOUS AND GENERAL
  56. 44Planning permission: supplementary matters
  57. 45Statutory undertakers, etc.
  58. 46Minerals
  59. 47Saving for highway authorities
  60. 48Certification of plans, etc.
  61. 49Service of notices
  62. 50No double recovery
  63. 51Disclosure of confidential information
  64. 52Withholding of consent
  65. 53Arbitration
  66. 54Protective provisions for Network Rail and British Waterways Board
  67. Signature
  68. Schedule 1SCHEDULED WORKS
  69. Schedule 2: ACQUISITION OF LAND, ETC. OUTSIDE LIMITS OF DEVIATION
  70. 1ACQUISITION OF LAND
  71. 2ACQUISITION OF RIGHTS ONLY
  72. Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
  73. Schedule 4: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  74. Compensation enactments
  75. 1Paragraph 1
  76. 2Paragraph 2
  77. Adaptation of the 1965 Act
  78. 3Paragraph 3
  79. 4Paragraph 4
  80. 5Paragraph 5
  81. 6Paragraph 6
  82. 7Paragraph 7
  83. 8Paragraph 8
  84. 9Paragraph 9
  85. Schedule 5LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  86. Schedule 6: TRAFFIC REGULATION
  87. Part 1: PROHIBITION OR RESTRICTION OF WAITING AND LOADING/UNLOADING
  88. Table ANo waiting at any time except for loading or unloading a vehicle
  89. Table BNo waiting, loading or unloading at any time
  90. Table CNo waiting, loading or unloading at any time except within designated loading bays specified in Tables F and G below and to the extent so specified
  91. Table DNo waiting at any time except within designated taxi bay specified in Table H below and to the extent so specified and no loading or unloading at any time
  92. Table E24 Hour loading bay: no waiting at any time except for loading and unloading a vehicle
  93. Table FLoading bay: no waiting at any time except for loading or unloading a vehicle before 10.00 am and after 6.00 pm
  94. Table GLoading bay: no waiting at any time except for loading and unloading a vehicle from 10.00 am to 12.00 midday and from 2.00 pm to 4.00 pm
  95. Table HTaxi bay: no waiting at any time except for picking up or setting down of passengers travelling by hackney carriage
  96. Part 2: DIRECTION OF TRAFFIC
  97. Table IOne-way except for pedal cycles and tramcars
  98. Table JOne-way with contra-flow for pedal cycles
  99. Table KOne-way except for tramcars
  100. Table LPrescribed left turn only
  101. Table MNo left turn
  102. Table NPrescribed ahead only
  103. Table ONo right turn
  104. Part 3: RESTRICTION ON REMAINING STATIONARY IN ROAD
  105. Table PYellow box junction
  106. Part 4: PROHIBITION OF ACCESS
  107. Table QNo passage of vehicular traffic except tramcars, buses, hackney carriages and access to off-street areas
  108. Table RNo passage of vehicular traffic except buses, hackney carriages and access to off-street areas
  109. Table SNo passage of vehicular traffic except tramcars
  110. Table TNo passage of vehicular traffic except (a) tramcars, (b) buses and (c) access to on street loading between 10.00 am to 12.00 midday and from 2.00 pm to 4.00 pm
  111. Table UNo passage of vehicular traffic
  112. Table VNo passage of vehicular traffic except for (a) tramcars (b) access to on-street loading before 10.00 am and after 6.00 pm and (c) access to off-street areas and to the Britannia and Burlington hotels at anytime
  113. Table WNo passage of vehicular traffic except for (a) access to on-street loading before 10.00 am and after 6.00 pm and (b) access to off-street areas and to the Britannia hotel at any time
  114. Table XNo passage of vehicular traffic except for (a) tramcars, (b) access to off-street areas at any time and (c) access to on-street loading before 10.00 am or after 6.00 pm
  115. Table YNo passage of vehicular traffic except for access to off-street areas at any time and to 24 hour on-street loading
  116. Table ZNo passage of vehicular traffic exceeding a height of 4.4 metres except tramcars
  117. Table ZZNo passage of vehicular traffic exceeding a height of 4.6 metres except tramcars
  118. Schedule 7: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  119. Apparatus of statutory undertakers, etc. on land acquired
  120. 1Paragraph 1
  121. Application of electronic communications code
  122. 2Paragraph 2
  123. Schedule 8: PROTECTIVE PROVISIONS
  124. Part 1: FOR PROTECTION OF NETWORK RAIL
  125. 1Paragraph 1
  126. 2Paragraph 2
  127. 3Paragraph 3
  128. 4Paragraph 4
  129. 5Paragraph 5
  130. 6Paragraph 6
  131. 7Paragraph 7
  132. 8Paragraph 8
  133. 9Paragraph 9
  134. 10Paragraph 10
  135. 11Paragraph 11
  136. 12Paragraph 12
  137. 13Paragraph 13
  138. 14Paragraph 14
  139. 15Paragraph 15
  140. 16Paragraph 16
  141. 17Paragraph 17
  142. Part 2: FOR PROTECTION FOR BRITISH WATERWAYS BOARD
  143. 1Paragraph 1
  144. Interpretation
  145. Powers requiring BW’s consent
  146. 2Paragraph 2
  147. Vehicles, plant and machinery
  148. 3Paragraph 3
  149. Closure of towing paths, etc.
  150. 4Paragraph 4
  151. Fencing
  152. 5Paragraph 5
  153. Survey of waterway
  154. 6Paragraph 6
  155. Approval of plans, protective works etc.
  156. 7Paragraph 7
  157. Design of works
  158. 8Paragraph 8
  159. Notice of works
  160. 9Paragraph 9
  161. Lighting
  162. 10Paragraph 10
  163. Construction of specified works
  164. 11Paragraph 11
  165. Prevention of pollution
  166. 12Paragraph 12
  167. Access to work: provision of information
  168. 13Paragraph 13
  169. Alterations to waterway
  170. 14Paragraph 14
  171. Maintenance of works
  172. 15Paragraph 15
  173. Repayment of BW’s fees, etc.
  174. 16Paragraph 16
  175. Costs of alterations, etc.
  176. 17Paragraph 17
  177. Making good of detriment; compensation and indemnity, etc.
  178. 18Paragraph 18
  179. Details of capitalised sums to be provided
  180. 19Paragraph 19
  181. Arbitration
  182. 20Paragraph 20
  183. Explanatory note