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The Nottingham Express Transit System Order 2009

S.I. 2009/1300 · Made 19 May 2009 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 4 July 2011.

TRANSPORT AND WORKS, ENGLAND

TRANSPORT, ENGLAND

Made 19th May 2009

Coming into force 9th June 2009

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 2006f1 for an Order under sections 1, 3 and 5 of the Transport and Works Act 1992f2 (“the 1992 Act”).

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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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

S.I. 2006/1466.

f2

1992 c. 42. As amended by S.I. 1995/1541, 1998/2226, 2000/3199 and 2006/958.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application of enactments relating to railways
  5. 4Application of 1991 Act
  6. Part 2: WORKS PROVISIONS
  7. Principal powers
  8. 5Power to construct and maintain works
  9. 6Power to deviate
  10. 7Designation of works
  11. Streets
  12. 8Power to alter layout, etc., of streets
  13. 9Power to keep apparatus in streets
  14. 10Power to execute street works
  15. 11Stopping up of streets and extinguishment of rights
  16. 12Temporary stopping up of streets
  17. 13Access to works
  18. 14Construction and maintenance of new, altered or diverted streets
  19. 15Construction of bridges and tunnels
  20. 16Restoration of streets if street tramway discontinued
  21. 17Agreements with street authorities
  22. 18New road crossings
  23. Supplemental powers
  24. 19Attachment of equipment to buildings
  25. 20Temporary closure of, and works in, waterways
  26. 21Discharge of water
  27. 22Safeguarding works to buildings
  28. 23Power to construct temporary street tramway
  29. 24Planning permission: supplementary matters
  30. 25Power to survey and investigate land, etc.
  31. 26Mode of construction and operation of authorised tramway
  32. 27Obstruction of construction of authorised works
  33. 28Removal of human remains
  34. Part 3: ACQUISITION AND POSSESSION OF LAND
  35. Powers of acquisition
  36. 29Power to acquire land
  37. 30Application of Part 1 of the Compulsory Purchase Act 1965
  38. 31Application of Compulsory Purchase (Vesting Declarations) Act 1981
  39. 32Power to acquire new rights
  40. 33Power to acquire subsoil only
  41. 34New rights only to be acquired in certain lands
  42. 35Rights under or over streets
  43. Temporary possession of land
  44. 36Temporary use of land for construction of works
  45. 37Temporary use of land for maintenance of works
  46. Compensation
  47. 38Disregard of certain interests and improvements
  48. 39Set-off for enhancement in value of retained land
  49. Supplementary
  50. 40Acquisition of part of certain properties
  51. 41Extinction or suspension of private rights of way
  52. 42Open space in the City of Nottingham
  53. 43Open space in the Borough of Broxtowe
  54. 44Open space in the Borough of Rushcliffe
  55. 45Time limit for exercise of powers of acquisition
  56. Part 4: OPERATION OF THE AUTHORISED TRAMWAY
  57. 46Power to operate and use authorised tramway
  58. 47Power to charge fares
  59. 48Removal of obstructions
  60. 49Traffic signs
  61. 50Traffic regulation
  62. 51Power to lop trees overhanging authorised tramway
  63. 52Trespass on the authorised tramroad
  64. 53Power to make byelaws
  65. 54Power to contract for police services
  66. 55Powers of disposal, agreements for operation, etc.
  67. 56Application of landlord and tenant law
  68. 57Tramcars deemed public service vehicles
  69. 58Substitute road services
  70. Part 5: PENALTY FARES
  71. 59Interpretation of Part 5
  72. 60Operation of Part 5
  73. 61Penalty fares
  74. 62Amount of penalty fare
  75. 63Document to be issued in connection with penalty fare requirement
  76. 64Notice of penalty fare provisions
  77. 65Supplementary provisions
  78. 66Exclusion of double liability
  79. Part 6: PROTECTIVE PROVISIONS
  80. 67Statutory undertakers, etc.
  81. 68Minerals
  82. 69Saving for highway authorities
  83. 70Arrangements with highway authorities
  84. 71For protection of the Environment Agency
  85. 72For protection of electricity, gas, water and sewerage undertakers
  86. 73For protection of British Waterways Board
  87. 74For protection of railway interests
  88. 75For protection of Borough Councils
  89. Part 7: MISCELLANEOUS AND GENERAL
  90. 76Street and market traders
  91. 77Disclosure of confidential information
  92. 78Defence to proceedings in respect of statutory nuisance
  93. 79Certification of plans, etc.
  94. 80Service of notices
  95. 81No double recovery
  96. 82Arbitration
  97. 83Repeals of the 1994 Act
  98. 84Application to Line One
  99. 85Agreements and undertakings connected with the 1994 Act or the construction or maintenance of Line One
  100. 86Acquisition of land required for the further development or extension of the authorised tramway and Line One
  101. 87Greater Nottingham Light Rapid Transit Advisory Committee
  102. 88Existing local railway legislation
  103. Signature
  104. Schedule 1SCHEDULED WORKS
  105. Schedule 2ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED
  106. Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
  107. 1HIGHWAYS SUBJECT TO ALTERATION OF LAYOUT
  108. 2FOOTPATHS AND BRIDLEWAYS SUBJECT TO ALTERATION OF LAYOUT
  109. Schedule 4STREETS TO BE PERMANENTLY STOPPED UP
  110. 1HIGHWAYS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  111. 2FOOTPATHS AND BRIDLEWAYS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  112. 3HIGHWAYS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  113. 4FOOTPATHS AND BRIDLEWAYS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  114. Schedule 5: STREETS TO BE TEMPORARILY STOPPED UP
  115. 1HIGHWAYS TO BE TEMPORARILY STOPPED UP
  116. 2FOOTPATHS AND BRIDLEWAYS TO BE TEMPORARILY STOPPED UP
  117. Schedule 6LAND NOT TO BE ACQUIRED COMPULSORILY
  118. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  119. Compensation enactments
  120. 1Paragraph 1
  121. 2Paragraph 2
  122. Adaptation of the 1965 Act
  123. 3Paragraph 3
  124. 4Paragraph 4
  125. 5Paragraph 5
  126. 6Paragraph 6
  127. 7Paragraph 7
  128. 8Paragraph 8
  129. 9Paragraph 9
  130. Schedule 8ACQUISITION OF NEW RIGHTS ONLY
  131. Schedule 9LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  132. Schedule 10TRAFFIC REGULATION
  133. 1STOPPING, WAITING, LOADING OR UNLOADING
  134. 2PARKING PLACES
  135. 3DIRECTION OF TRAFFIC
  136. 4VEHICULAR ACCESS
  137. Schedule 11: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  138. Apparatus of statutory undertakers, etc., on land acquired
  139. 1Paragraph 1
  140. Apparatus of statutory undertakers, etc., in stopped up streets
  141. 2Paragraph 2
  142. Schedule 12: FOR PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  143. Interpretation
  144. 1Paragraph 1
  145. Application of Schedule 11
  146. 2Paragraph 2
  147. Apparatus in stopped up streets
  148. 3Paragraph 3
  149. 4Paragraph 4
  150. On-street apparatus
  151. 5Paragraph 5
  152. Acquisition of land
  153. 6Paragraph 6
  154. 7Paragraph 7
  155. Removal of apparatus
  156. 8Paragraph 8
  157. 9Paragraph 9
  158. 10Paragraph 10
  159. 11Paragraph 11
  160. 12Paragraph 12
  161. Removal of apparatus and construction of alternative apparatus by the promoter
  162. 13Paragraph 13
  163. 14Paragraph 14
  164. 15Paragraph 15
  165. 16Paragraph 16
  166. Facilities and rights for alternative apparatus
  167. 17Paragraph 17
  168. 18Paragraph 18
  169. 19Paragraph 19
  170. Retained apparatus: protection and plan approval
  171. 20Paragraph 20
  172. 21Paragraph 21
  173. 22Paragraph 22
  174. 23Paragraph 23
  175. 24Paragraph 24
  176. 25Paragraph 25
  177. 26Paragraph 26
  178. 27Paragraph 27
  179. 28Paragraph 28
  180. 29Paragraph 29
  181. Co-operation
  182. 30Paragraph 30
  183. Access
  184. 31Paragraph 31
  185. Expenses
  186. 32Paragraph 32
  187. 33Paragraph 33
  188. 34Paragraph 34
  189. 35Paragraph 35
  190. 36Paragraph 36
  191. 37Paragraph 37
  192. Indemnity
  193. 38Paragraph 38
  194. 39Paragraph 39
  195. 40Paragraph 40
  196. Exercise of safeguarding and survey powers
  197. 41Paragraph 41
  198. 42Paragraph 42
  199. Arbitration
  200. 43Paragraph 43
  201. Transfer of functions
  202. 44Paragraph 44
  203. 45Paragraph 45
  204. Notices
  205. 46Paragraph 46
  206. Accommodation or other facilities
  207. 47Paragraph 47
  208. Schedule 13: FOR PROTECTION OF BRITISH WATERWAYS BOARD
  209. 1Paragraph 1
  210. Interpretation
  211. 2Paragraph 2
  212. Powers requiring the Board’s consent
  213. 3Paragraph 3
  214. Vehicles, plant and machinery
  215. 4Paragraph 4
  216. Closure of towing paths, etc.
  217. 5Paragraph 5
  218. Fencing
  219. 6Paragraph 6
  220. Survey of waterway
  221. 7Paragraph 7
  222. Approval of plans, protective works, etc.
  223. 8Paragraph 8
  224. Design of works
  225. 9Paragraph 9
  226. Programming and notice of works
  227. 10Paragraph 10
  228. 11Paragraph 11
  229. 12Paragraph 12
  230. Lighting
  231. 13Paragraph 13
  232. Construction of specified works
  233. 14Paragraph 14
  234. 15Paragraph 15
  235. Prevention of pollution
  236. 16Paragraph 16
  237. Access to work: provision of information
  238. 17Paragraph 17
  239. Costs of alterations, etc.
  240. 18Paragraph 18
  241. Alterations to waterway
  242. 19Paragraph 19
  243. Removal of temporary works and material
  244. 20Paragraph 20
  245. Maintenance of works
  246. 21Paragraph 21
  247. Repayment of the Board’s fees, etc.
  248. 22Paragraph 22
  249. Making good of detriment: compensation and indemnity, etc.
  250. 23Paragraph 23
  251. Details of capitalised sums to be provided
  252. 24Paragraph 24
  253. Arbitration
  254. 25Paragraph 25
  255. Schedule 14: FOR PROTECTION OF RAILWAY INTERESTS
  256. 1Paragraph 1
  257. 2Paragraph 2
  258. 3Paragraph 3
  259. 4Paragraph 4
  260. 5Paragraph 5
  261. 6Paragraph 6
  262. 7Paragraph 7
  263. 8Paragraph 8
  264. 9Paragraph 9
  265. 10Paragraph 10
  266. 11Paragraph 11
  267. 12Paragraph 12
  268. 13Paragraph 13
  269. 14Paragraph 14
  270. 15Paragraph 15
  271. 16Paragraph 16
  272. 17Paragraph 17
  273. 18Paragraph 18
  274. 19Paragraph 19
  275. 20Paragraph 20
  276. 21Paragraph 21
  277. Schedule 15: REPEALS OF THE 1994 ACT
  278. 1ENACTMENTS WITHIN THE 1994 ACT REPEALED WITH IMMEDIATE EFFECT
  279. Part 2: ENACTMENTS WITHIN THE 1994 ACT REPEALED WHEN LINE ONE IS FIRST OPERATED PURSUANT TO AN AGREEMENT MADE UNDER ARTICLE 55
  280. Enactments Repealed
  281. 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
  282. Schedule 16: APPLICATION TO LINE ONE
  283. 1Paragraph 1
  284. 2Paragraph 2
  285. 3Paragraph 3
  286. 4Paragraph 4
  287. 5Paragraph 5
  288. 6Paragraph 6
  289. 7Paragraph 7
  290. 8Paragraph 8
  291. 9Paragraph 9
  292. 10Paragraph 10
  293. Schedule 17: AGREEMENTS AND UNDERTAKINGS CONNECTED WITH THE 1994 ACT OR THE CONSTRUCTION OR MAINTENANCE OF LINE ONE
  294. Interpretation
  295. 1Paragraph 1
  296. Application to this Order
  297. 2Paragraph 2
  298. References to provisions of the 1994 Act that are repealed and re-enacted by this Order
  299. 3Paragraph 3
  300. Effect of repeals on Line One agreements
  301. 4Paragraph 4
  302. 5Paragraph 5
  303. 6Paragraph 6
  304. Explanatory note