The South Hampshire Rapid Transit Order 2001
S.I. 2001/3627 · Made 3 July 2001
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
- f2
Contents
- Part I: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Application of enactments relating to railways
- 4Application of 1991 Act
- Part II: WORKS PROVISIONS
- Principal powers
- 5Power to construct works
- 6Power to deviate
- 7Designation of works
- Streets
- 8Power to alter layout of streets
- 9Power to keep apparatus in streets
- 10Power to execute street works
- 11Stopping up of streets
- 12Temporary stopping up of streets
- 13Access to works
- 14Construction and maintenance of new or altered streets
- 15Construction of bridges and tunnels
- 16Restoration of streets if street tramway discontinued
- 17Agreements with street authorities
- 18Level crossings
- Incorporation of railways
- 19Agreements with Railtrack
- 20As to local railway enactments
- The Tunnel
- 21Additional powers for tunnel
- 22Prohibitions within tunnel area
- 23Protection of tunnel, etc.
- 24As to Portsmouth to Gosport ferry, etc.
- 25No apparatus in tunnel without consent
- 26Protection of navigation
- Supplemental
- 27Attachment of equipment to buildings for purposes of transit system
- 28Discharge of water
- 29Safeguarding works to buildings
- 30Power to construct temporary transit systems
- 31Planning permission: supplementary matters
- 32Power to survey and investigate land
- 33Mode of construction and operation of transit system
- 34Obstruction of construction of transit system
- Part III: ACQUISITION AND POSSESSION OF LAND
- Powers of acquisition
- 35Power to acquire land
- 36Application of Part I of Compulsory Purchase Act 1965
- 37Application of Compulsory Purchase (Vesting Declarations) Act 1981
- 38Powers to acquire new rights
- 39Powers to acquire subsoil only
- 40Rights under or over streets
- Temporary possession of land
- 41Temporary use of land for construction of works
- 42Temporary use of land for maintenance of works
- Compensation
- 43Disregard of certain interests and improvements
- Supplementary
- 44Acquisition of part of certain properties
- 45Extinction or suspension of private rights of way
- 46Time limit for exercise of powers of acquisition
- Part IV: OPERATION OF TRANSIT SYSTEM
- 47Power to operate and use transit system
- 48Maintenance of approved works, etc.
- 49Power to charge fares
- 50Disapplication of duties respecting provision of transport services
- 51Concessionary travel
- 52Removal of obstructions
- 53Traffic signs
- 54Traffic regulation
- 55Power to lop trees overhanging transit system
- 56Trespass on tramroads and busways
- 57Power to make byelaws
- 58Power to contract for police services
- 59Powers of disposal, agreements for operation, etc.
- 60Application of landlord and tenant law
- 61Tramcars deemed to be public service vehicles
- 62Substitute road services
- Part V: PROTECTIVE PROVISIONS
- 63Statutory undertakers, etc.
- 64Protection of railway interests
- 65Minerals
- 66Saving for highway authorities
- Part VI: MISCELLANEOUS AND GENERAL
- 67Disclosure of confidential information
- 68Certification of plans, etc.
- 69Service of notices
- 70No double recovery
- 71Arbitration
- Signature
- Schedule 1SCHEDULED WORKS
- Schedule 2ACQUISITION OF CERTAIN LAND
- Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
- Schedule 4: STREETS TO BE STOPPED UP
- ISTREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- IISTREETS FOR WHICH NO SUBSTITUTE WILL BE PROVIDED
- Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
- Schedule 6: LEVEL CROSSINGS
- ITRAMROAD LEVEL CROSSINGS
- IITRAMWAY LEVEL CROSSINGS
- Schedule 7: PROTECTION OF NAVIGATION
- 1Paragraph 1
- Tidal Works
- 2Paragraph 2
- Lights etc. during tidal works
- 3Paragraph 3
- Damage etc. to works
- 4Paragraph 4
- Abandonment etc. of structures
- 5Paragraph 5
- Surveys etc.
- 6Paragraph 6
- Permanent lights etc.
- 7Paragraph 7
- Offences
- 8Paragraph 8
- Expenses
- 9Paragraph 9
- As to Queen’s Harbour Master
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Saving
- 17Paragraph 17
- Schedule 8: 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 9LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 10: TRAFFIC REGULATION
- IPROHIBITION AND RESTRICTION OF STOPPING AND WAITING
- IIPARKING PLACES
- IIIDIRECTION OF TRAFFIC
- IVPROHIBITION ON 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
- Application of telecommunications code
- 3Paragraph 3
- Schedule 12: 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
- 22Paragraph 22