The Nottingham Express Transit System Order 2009
S.I. 2009/1300 · Made 19 May 2009 · Extends to England and Wales
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
Made 19th May 2009
Coming into force 9th June 2009
The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act.
The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 the opinion of the Secretary of State do not make any substantial change in the proposals.
The Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Parts 3 and 4 of Schedule 4 (streets to be permanently stopped up) is not required.
Notice of the Secretary of State’s determination was published in the London Gazette on 3rd April 2009.
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 1, 3 and 5 of, and paragraphs 1 to 4, 7 to 13 and 15 to 17 of Schedule 1 to the 1992 Act, makes the following Order:—
Annotations to the whole text
Footnotes
- f1
- f2
-
1992 c. 42. As amended by S.I. 1995/1541, 1998/2226, 2000/3199 and 2006/958.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Application of enactments relating to railways
- 4Application of 1991 Act
- Part 2: WORKS PROVISIONS
- Principal powers
- 5Power to construct and maintain works
- 6Power to deviate
- 7Designation of works
- Streets
- 8Power to alter layout, etc., of streets
- 9Power to keep apparatus in streets
- 10Power to execute street works
- 11Stopping up of streets and extinguishment of rights
- 12Temporary stopping up of streets
- 13Access to works
- 14Construction and maintenance of new, altered or diverted streets
- 15Construction of bridges and tunnels
- 16Restoration of streets if street tramway discontinued
- 17Agreements with street authorities
- 18New road crossings
- Supplemental powers
- 19Attachment of equipment to buildings
- 20Temporary closure of, and works in, waterways
- 21Discharge of water
- 22Safeguarding works to buildings
- 23Power to construct temporary street tramway
- 24Planning permission: supplementary matters
- 25Power to survey and investigate land, etc.
- 26Mode of construction and operation of authorised tramway
- 27Obstruction of construction of authorised works
- 28Removal of human remains
- Part 3: ACQUISITION AND POSSESSION OF LAND
- Powers of acquisition
- 29Power to acquire land
- 30Application of Part 1 of the Compulsory Purchase Act 1965
- 31Application of Compulsory Purchase (Vesting Declarations) Act 1981
- 32Power to acquire new rights
- 33Power to acquire subsoil only
- 34New rights only to be acquired in certain lands
- 35Rights under or over streets
- Temporary possession of land
- 36Temporary use of land for construction of works
- 37Temporary use of land for maintenance of works
- Compensation
- 38Disregard of certain interests and improvements
- 39Set-off for enhancement in value of retained land
- Supplementary
- 40Acquisition of part of certain properties
- 41Extinction or suspension of private rights of way
- 42Open space in the City of Nottingham
- 43Open space in the Borough of Broxtowe
- 44Open space in the Borough of Rushcliffe
- 45Time limit for exercise of powers of acquisition
- Part 4: OPERATION OF THE AUTHORISED TRAMWAY
- 46Power to operate and use authorised tramway
- 47Power to charge fares
- 48Removal of obstructions
- 49Traffic signs
- 50Traffic regulation
- 51Power to lop trees overhanging authorised tramway
- 52Trespass on the authorised tramroad
- 53Power to make byelaws
- 54Power to contract for police services
- 55Powers of disposal, agreements for operation, etc.
- 56Application of landlord and tenant law
- 57Tramcars deemed public service vehicles
- 58Substitute road services
- Part 5: PENALTY FARES
- 59Interpretation of Part 5
- 60Operation of Part 5
- 61Penalty fares
- 62Amount of penalty fare
- 63Document to be issued in connection with penalty fare requirement
- 64Notice of penalty fare provisions
- 65Supplementary provisions
- 66Exclusion of double liability
- Part 6: PROTECTIVE PROVISIONS
- 67Statutory undertakers, etc.
- 68Minerals
- 69Saving for highway authorities
- 70Arrangements with highway authorities
- 71For protection of the Environment Agency
- 72For protection of electricity, gas, water and sewerage undertakers
- 73For protection of British Waterways Board
- 74For protection of railway interests
- 75For protection of Borough Councils
- Part 7: MISCELLANEOUS AND GENERAL
- 76Street and market traders
- 77Disclosure of confidential information
- 78Defence to proceedings in respect of statutory nuisance
- 79Certification of plans, etc.
- 80Service of notices
- 81No double recovery
- 82Arbitration
- 83Repeals of the 1994 Act
- 84Application to Line One
- 85Agreements and undertakings connected with the 1994 Act or the construction or maintenance of Line One
- 86Acquisition of land required for the further development or extension of the authorised tramway and Line One
- 87Greater Nottingham Light Rapid Transit Advisory Committee
- 88Existing local railway legislation
- Signature
- Schedule 1SCHEDULED WORKS
- Schedule 2ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED
- Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
- 1HIGHWAYS SUBJECT TO ALTERATION OF LAYOUT
- 2FOOTPATHS AND BRIDLEWAYS SUBJECT TO ALTERATION OF LAYOUT
- Schedule 4STREETS TO BE PERMANENTLY STOPPED UP
- 1HIGHWAYS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 2FOOTPATHS AND BRIDLEWAYS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 3HIGHWAYS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 4FOOTPATHS AND BRIDLEWAYS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- Schedule 5: STREETS TO BE TEMPORARILY STOPPED UP
- 1HIGHWAYS TO BE TEMPORARILY STOPPED UP
- 2FOOTPATHS AND BRIDLEWAYS TO BE TEMPORARILY STOPPED UP
- Schedule 6LAND NOT TO BE ACQUIRED COMPULSORILY
- Schedule 7: 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 8ACQUISITION OF NEW RIGHTS ONLY
- Schedule 9LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 10TRAFFIC REGULATION
- 1STOPPING, WAITING, LOADING OR UNLOADING
- 2PARKING PLACES
- 3DIRECTION OF TRAFFIC
- 4VEHICULAR ACCESS
- Schedule 11: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
- Apparatus of statutory undertakers, etc., on land acquired
- 1Paragraph 1
- Apparatus of statutory undertakers, etc., in stopped up streets
- 2Paragraph 2
- Schedule 12: FOR PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- Interpretation
- 1Paragraph 1
- Application of Schedule 11
- 2Paragraph 2
- Apparatus in stopped up streets
- 3Paragraph 3
- 4Paragraph 4
- On-street apparatus
- 5Paragraph 5
- Acquisition of land
- 6Paragraph 6
- 7Paragraph 7
- Removal of apparatus
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Removal of apparatus and construction of alternative apparatus by the promoter
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Facilities and rights for alternative apparatus
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Retained apparatus: protection and plan approval
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Co-operation
- 30Paragraph 30
- Access
- 31Paragraph 31
- Expenses
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- Indemnity
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- Exercise of safeguarding and survey powers
- 41Paragraph 41
- 42Paragraph 42
- Arbitration
- 43Paragraph 43
- Transfer of functions
- 44Paragraph 44
- 45Paragraph 45
- Notices
- 46Paragraph 46
- Accommodation or other facilities
- 47Paragraph 47
- Schedule 13: FOR PROTECTION OF BRITISH WATERWAYS BOARD
- 1Paragraph 1
- Interpretation
- 2Paragraph 2
- Powers requiring the Board’s consent
- 3Paragraph 3
- Vehicles, plant and machinery
- 4Paragraph 4
- Closure of towing paths, etc.
- 5Paragraph 5
- Fencing
- 6Paragraph 6
- Survey of waterway
- 7Paragraph 7
- Approval of plans, protective works, etc.
- 8Paragraph 8
- Design of works
- 9Paragraph 9
- Programming and notice of works
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Lighting
- 13Paragraph 13
- Construction of specified works
- 14Paragraph 14
- 15Paragraph 15
- Prevention of pollution
- 16Paragraph 16
- Access to work: provision of information
- 17Paragraph 17
- Costs of alterations, etc.
- 18Paragraph 18
- Alterations to waterway
- 19Paragraph 19
- Removal of temporary works and material
- 20Paragraph 20
- Maintenance of works
- 21Paragraph 21
- Repayment of the Board’s fees, etc.
- 22Paragraph 22
- Making good of detriment: compensation and indemnity, etc.
- 23Paragraph 23
- Details of capitalised sums to be provided
- 24Paragraph 24
- Arbitration
- 25Paragraph 25
- Schedule 14: FOR PROTECTION OF RAILWAY INTERESTS
- 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
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Schedule 15: REPEALS OF THE 1994 ACT
- 1ENACTMENTS WITHIN THE 1994 ACT REPEALED WITH IMMEDIATE EFFECT
- Part 2: ENACTMENTS WITHIN THE 1994 ACT REPEALED WHEN LINE ONE IS FIRST OPERATED PURSUANT TO AN AGREEMENT MADE UNDER ARTICLE 55
- Enactments Repealed
- 3ENACTMENTS WITHIN THE 1994 ACT REPEALED WHEN ALL LAND OCCUPIED PURSUANT TO POWERS OF COMPULSORY ACQUISITION GRANTED BY THE 1994 ACT HAS BEEN COMPULSORILY ACQUIRED BY THE PROMOTER
- Schedule 16: APPLICATION TO LINE ONE
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 17: AGREEMENTS AND UNDERTAKINGS CONNECTED WITH THE 1994 ACT OR THE CONSTRUCTION OR MAINTENANCE OF LINE ONE
- Interpretation
- 1Paragraph 1
- Application to this Order
- 2Paragraph 2
- References to provisions of the 1994 Act that are repealed and re-enacted by this Order
- 3Paragraph 3
- Effect of repeals on Line One agreements
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Explanatory note