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The South Hampshire Rapid Transit Order 2001

S.I. 2001/3627 · Made 3 July 2001

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 3rd July 2001

Coming into force 24th July 2001

Whereas an application has been made to the Secretary of State, 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 1992 Act”), for an Order under sections 1, 3 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 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 II 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 11th May 2001;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1, 3 and 5 of, and paragraphs 1 to 5 and 7 to 17 of Schedule 1 to, the 1992 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 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
  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. Incorporation of railways
  24. 19Agreements with Railtrack
  25. 20As to local railway enactments
  26. The Tunnel
  27. 21Additional powers for tunnel
  28. 22Prohibitions within tunnel area
  29. 23Protection of tunnel, etc.
  30. 24As to Portsmouth to Gosport ferry, etc.
  31. 25No apparatus in tunnel without consent
  32. 26Protection of navigation
  33. Supplemental
  34. 27Attachment of equipment to buildings for purposes of transit system
  35. 28Discharge of water
  36. 29Safeguarding works to buildings
  37. 30Power to construct temporary transit systems
  38. 31Planning permission: supplementary matters
  39. 32Power to survey and investigate land
  40. 33Mode of construction and operation of transit system
  41. 34Obstruction of construction of transit system
  42. Part III: ACQUISITION AND POSSESSION OF LAND
  43. Powers of acquisition
  44. 35Power to acquire land
  45. 36Application of Part I of Compulsory Purchase Act 1965
  46. 37Application of Compulsory Purchase (Vesting Declarations) Act 1981
  47. 38Powers to acquire new rights
  48. 39Powers to acquire subsoil only
  49. 40Rights under or over streets
  50. Temporary possession of land
  51. 41Temporary use of land for construction of works
  52. 42Temporary use of land for maintenance of works
  53. Compensation
  54. 43Disregard of certain interests and improvements
  55. Supplementary
  56. 44Acquisition of part of certain properties
  57. 45Extinction or suspension of private rights of way
  58. 46Time limit for exercise of powers of acquisition
  59. Part IV: OPERATION OF TRANSIT SYSTEM
  60. 47Power to operate and use transit system
  61. 48Maintenance of approved works, etc.
  62. 49Power to charge fares
  63. 50Disapplication of duties respecting provision of transport services
  64. 51Concessionary travel
  65. 52Removal of obstructions
  66. 53Traffic signs
  67. 54Traffic regulation
  68. 55Power to lop trees overhanging transit system
  69. 56Trespass on tramroads and busways
  70. 57Power to make byelaws
  71. 58Power to contract for police services
  72. 59Powers of disposal, agreements for operation, etc.
  73. 60Application of landlord and tenant law
  74. 61Tramcars deemed to be public service vehicles
  75. 62Substitute road services
  76. Part V: PROTECTIVE PROVISIONS
  77. 63Statutory undertakers, etc.
  78. 64Protection of railway interests
  79. 65Minerals
  80. 66Saving for highway authorities
  81. Part VI: MISCELLANEOUS AND GENERAL
  82. 67Disclosure of confidential information
  83. 68Certification of plans, etc.
  84. 69Service of notices
  85. 70No double recovery
  86. 71Arbitration
  87. Signature
  88. Schedule 1SCHEDULED WORKS
  89. Schedule 2ACQUISITION OF CERTAIN LAND
  90. Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
  91. Schedule 4: STREETS TO BE STOPPED UP
  92. ISTREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  93. IISTREETS FOR WHICH NO SUBSTITUTE WILL BE PROVIDED
  94. Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
  95. Schedule 6: LEVEL CROSSINGS
  96. ITRAMROAD LEVEL CROSSINGS
  97. IITRAMWAY LEVEL CROSSINGS
  98. Schedule 7: PROTECTION OF NAVIGATION
  99. 1Paragraph 1
  100. Tidal Works
  101. 2Paragraph 2
  102. Lights etc. during tidal works
  103. 3Paragraph 3
  104. Damage etc. to works
  105. 4Paragraph 4
  106. Abandonment etc. of structures
  107. 5Paragraph 5
  108. Surveys etc.
  109. 6Paragraph 6
  110. Permanent lights etc.
  111. 7Paragraph 7
  112. Offences
  113. 8Paragraph 8
  114. Expenses
  115. 9Paragraph 9
  116. As to Queen’s Harbour Master
  117. 10Paragraph 10
  118. 11Paragraph 11
  119. 12Paragraph 12
  120. 13Paragraph 13
  121. 14Paragraph 14
  122. 15Paragraph 15
  123. 16Paragraph 16
  124. Saving
  125. 17Paragraph 17
  126. Schedule 8: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  127. Compensation enactments
  128. 1Paragraph 1
  129. 2Paragraph 2
  130. Adaptation of the 1965 Act
  131. 3Paragraph 3
  132. 4Paragraph 4
  133. 5Paragraph 5
  134. 6Paragraph 6
  135. 7Paragraph 7
  136. 8Paragraph 8
  137. 9Paragraph 9
  138. Schedule 9LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  139. Schedule 10: TRAFFIC REGULATION
  140. IPROHIBITION AND RESTRICTION OF STOPPING AND WAITING
  141. IIPARKING PLACES
  142. IIIDIRECTION OF TRAFFIC
  143. IVPROHIBITION ON ACCESS
  144. Schedule 11: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  145. Apparatus of statutory undertakers, etc. on land acquired
  146. 1Paragraph 1
  147. Apparatus of statutory undertakers, etc. in stopped up streets
  148. 2Paragraph 2
  149. Application of telecommunications code
  150. 3Paragraph 3
  151. Schedule 12: PROTECTION OF RAILWAY INTERESTS
  152. 1Paragraph 1
  153. 2Paragraph 2
  154. 3Paragraph 3
  155. 4Paragraph 4
  156. 5Paragraph 5
  157. 6Paragraph 6
  158. 7Paragraph 7
  159. 8Paragraph 8
  160. 9Paragraph 9
  161. 10Paragraph 10
  162. 11Paragraph 11
  163. 12Paragraph 12
  164. 13Paragraph 13
  165. 14Paragraph 14
  166. 15Paragraph 15
  167. 16Paragraph 16
  168. 17Paragraph 17
  169. 18Paragraph 18
  170. 19Paragraph 19
  171. 20Paragraph 20
  172. 21Paragraph 21
  173. 22Paragraph 22