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The Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998

S.I. 1998/1936 · Made 6 August 1998

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TRANSPORT AND WORKS

TRANSPORT

Made 6th August 1998

Coming into force 27th August 1998

Whereas an application has been made to the Secretary of State for Transport, in accordance with the Transport and Works (Applications and Objections Procedure) Rules 1992f1 made under sections 6, 7 and 10 of the Transport and Works Act 1992f2 (“the Act”), for an Order under sections 1, 3 and 5 of the Act;

And whereas the Secretary of State for Transport 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 for the Environment, Transport and the Regions (“the Secretary of State”), having considered 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 the Secretary of State is satisfied that the provision of an alternative right of way for each of the streets mentioned in Part III 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 5th August 1998;

Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1, 3 and 5 of, and paragraphs 1 to 4, 6 to 13 and 15 to 17 of Schedule 1 to, the Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

Annotations to the whole text

Footnotes

f1

S.I. 1992/2902.

f2

1992 c. 42.

Contents

  1. Part I: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application of enactments relating to railways
  5. 4Application of 1991 Act
  6. Part II: 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 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 or altered streets
  19. 15Construction of bridges and tunnels
  20. 16Restoration of streets if street tramway discontinued
  21. 17Agreements with street authorities
  22. 18Level crossings
  23. Supplemental
  24. 19Attachment of equipment to buildings for purposes of transit system
  25. 20Discharge of water
  26. 21Safeguarding works to buildings
  27. 22Planning permission: supplementary matters
  28. 23Power to survey and investigate land
  29. 24Mode of construction and operation of transit system
  30. 25Obstruction of construction of transit system
  31. Part III: ACQUISITION AND POSSESSION OF LAND
  32. Powers of acquisition
  33. 26Power to acquire land
  34. 27Application of Part I of Compulsory Purchase Act 1965
  35. 28Application of Compulsory Purchase (Vesting Declarations) Act 1981
  36. 29Powers to acquire new rights
  37. 30Powers to acquire subsoil only
  38. 31Rights under or over streets
  39. Temporary possession of land
  40. 32Temporary use of land for construction of works
  41. 33Temporary use of land for maintenance of works
  42. Compensation
  43. 34Disregard of certain interests and improvements
  44. Supplementary
  45. 35Acquisition of part of certain properties
  46. 36Extinction or suspension of private rights of way
  47. 37Public Open Space
  48. 38Time limit for exercise of powers of acquisition
  49. Part IV: OPERATION OF TRANSIT SYSTEM
  50. 39Application of provisions of 1996 Order
  51. 40Traffic restrictions
  52. Part V: PROTECTIVE PROVISIONS
  53. 41Statutory undertakers, etc.
  54. 42For protection of Railtrack
  55. 43For protection of the British Waterways Board
  56. 44Minerals
  57. 45Saving for highway authorities
  58. 46Arrangements with highway authorities
  59. Part VI: MISCELLANEOUS AND GENERAL
  60. 47Disclosure of confidential information
  61. 48Certification of plans, etc.
  62. 49Service of notices
  63. 50No double recovery
  64. 51Arbitration
  65. Signature
  66. Schedule 1: SCHEDULED WORKS
  67. ASHTON-UNDER-LYNE EXTENSION
  68. Schedule 2ACQUISITION OF CERTAIN LAND
  69. Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
  70. Schedule 4: STREETS TO BE STOPPED UP OR TO HAVE VEHICULAR RIGHTS EXTINGUISHED
  71. ISTREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  72. IISTREETS OVER WHICH VEHICULAR RIGHTS ONLY ARE TO BE EXTINGUISHED
  73. IIISTREETS FOR WHICH NO SUBSTITUTE WILL BE PROVIDED
  74. Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
  75. Schedule 6: LEVEL CROSSINGS
  76. ITRAMROAD LEVEL CROSSINGS
  77. IITRAMWAY LEVEL CROSSINGS
  78. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  79. Compensation enactments
  80. 1Paragraph 1
  81. 2Paragraph 2
  82. Adaptation of the 1965 Act
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. 5Paragraph 5
  86. 6Paragraph 6
  87. 7Paragraph 7
  88. 8Paragraph 8
  89. 9Paragraph 9
  90. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  91. Schedule 9: TRAFFIC REGULATION ORDERS
  92. IPROHIBITION OF WAITING AND LOADING/UNLOADING
  93. IIDIRECTION OF TRAFFIC
  94. IIIPROHIBITION ON ACCESS
  95. Schedule 10: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  96. Apparatus of statutory undertakers, etc. on land acquired
  97. 1Paragraph 1
  98. Apparatus of statutory undertakers etc. in stopped up streets
  99. 2Paragraph 2
  100. Railway and navigation undertakings
  101. 3Paragraph 3
  102. Explanatory note