The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005
S.I. 2005/1794 · Made 1 July 2005
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And whereas the Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Application of New Roads and Street Works Act 1991
- 4Incorporation of the Railways Clauses Consolidation Act 1845
- 5Application of the Midland Metro Acts
- Part 2: WORKS PROVISIONS
- Principal powers
- 6Power to construct and maintain works
- 7Power to deviate, etc.
- 8Designation of works
- Streets
- 9Power to alter layout, etc. of streets
- 10Power to keep apparatus in streets
- 11Power to execute street works
- 12Permanent stopping up of means of access
- 13Temporary stopping up of streets
- 14Access to works
- 15Construction and maintenance of new or altered highways
- 16Construction and alteration of bridges
- 17Restoration of streets if street tramway discontinued
- 18Agreements with street authorities
- Supplemental powers
- 19Discharge of water
- 20Attachment of equipment to buildings for purposes of tramway
- 21Safeguarding works to buildings
- 22Power to construct temporary tramways
- 23Power to survey and investigate land
- 24Mode of construction and operation of tramway
- Part 3: ACQUISITION AND POSSESSION OF LAND
- Powers of acquisition
- 25Power to acquire land
- 26Application of Part I of Compulsory Purchase Act 1965
- 27Application of Compulsory Purchase (Vesting Declarations) Act 1981
- 28Powers to acquire new rights
- 29Rights under or over streets
- Temporary possession of land
- 30Temporary use of land for construction of works
- 31Temporary use of land for maintenance of works
- 32Temporary use of land for carrying out of accommodation and mitigation works
- Compensation
- 33Disregard of certain interests and improvements
- Supplementary
- 34Acquisition of part of certain properties
- 35Extinction or suspension of rights of way
- 36Time limit for exercise of powers of acquisition
- Part 4: OPERATION OF TRAMWAY SYSTEM
- 37Power to operate and use tramway system
- 38Maintenance of approved works, etc.
- 39Power to charge fares
- 40Traffic signs
- 41Tree Preservation Orders
- 42Obstruction of construction of authorised works
- 43Traffic regulation
- Part 5: MISCELLANEOUS AND GENERAL
- 44Planning permission: supplementary matters
- 45Statutory undertakers, etc.
- 46Minerals
- 47Saving for highway authorities
- 48Certification of plans, etc.
- 49Service of notices
- 50No double recovery
- 51Disclosure of confidential information
- 52Withholding of consent
- 53Arbitration
- 54Protective provisions for Network Rail and British Waterways Board
- Signature
- Schedule 1SCHEDULED WORKS
- Schedule 2: ACQUISITION OF LAND, ETC. OUTSIDE LIMITS OF DEVIATION
- 1ACQUISITION OF LAND
- 2ACQUISITION OF RIGHTS ONLY
- Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
- Schedule 4: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- Adaptation of the 1965 Act
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 5LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 6: TRAFFIC REGULATION
- Part 1: PROHIBITION OR RESTRICTION OF WAITING AND LOADING/UNLOADING
- Table ANo waiting at any time except for loading or unloading a vehicle
- Table BNo waiting, loading or unloading at any time
- 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
- 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
- Table E24 Hour loading bay: no waiting at any time except for loading and unloading a vehicle
- Table FLoading bay: no waiting at any time except for loading or unloading a vehicle before 10.00 am and after 6.00 pm
- 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
- Table HTaxi bay: no waiting at any time except for picking up or setting down of passengers travelling by hackney carriage
- Part 2: DIRECTION OF TRAFFIC
- Table IOne-way except for pedal cycles and tramcars
- Table JOne-way with contra-flow for pedal cycles
- Table KOne-way except for tramcars
- Table LPrescribed left turn only
- Table MNo left turn
- Table NPrescribed ahead only
- Table ONo right turn
- Part 3: RESTRICTION ON REMAINING STATIONARY IN ROAD
- Table PYellow box junction
- Part 4: PROHIBITION OF ACCESS
- Table QNo passage of vehicular traffic except tramcars, buses, hackney carriages and access to off-street areas
- Table RNo passage of vehicular traffic except buses, hackney carriages and access to off-street areas
- Table SNo passage of vehicular traffic except tramcars
- 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
- Table UNo passage of vehicular traffic
- 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
- 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
- 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
- Table YNo passage of vehicular traffic except for access to off-street areas at any time and to 24 hour on-street loading
- Table ZNo passage of vehicular traffic exceeding a height of 4.4 metres except tramcars
- Table ZZNo passage of vehicular traffic exceeding a height of 4.6 metres except tramcars
- Schedule 7: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
- Apparatus of statutory undertakers, etc. on land acquired
- 1Paragraph 1
- Application of electronic communications code
- 2Paragraph 2
- Schedule 8: PROTECTIVE PROVISIONS
- Part 1: FOR PROTECTION OF NETWORK RAIL
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 2: FOR PROTECTION FOR BRITISH WATERWAYS BOARD
- 1Paragraph 1
- Interpretation
- Powers requiring BW’s consent
- 2Paragraph 2
- Vehicles, plant and machinery
- 3Paragraph 3
- Closure of towing paths, etc.
- 4Paragraph 4
- Fencing
- 5Paragraph 5
- Survey of waterway
- 6Paragraph 6
- Approval of plans, protective works etc.
- 7Paragraph 7
- Design of works
- 8Paragraph 8
- Notice of works
- 9Paragraph 9
- Lighting
- 10Paragraph 10
- Construction of specified works
- 11Paragraph 11
- Prevention of pollution
- 12Paragraph 12
- Access to work: provision of information
- 13Paragraph 13
- Alterations to waterway
- 14Paragraph 14
- Maintenance of works
- 15Paragraph 15
- Repayment of BW’s fees, etc.
- 16Paragraph 16
- Costs of alterations, etc.
- 17Paragraph 17
- Making good of detriment; compensation and indemnity, etc.
- 18Paragraph 18
- Details of capitalised sums to be provided
- 19Paragraph 19
- Arbitration
- 20Paragraph 20
- Explanatory note