The Merseytram (Liverpool City Centre to Kirkby) Order 2005
S.I. 2005/120 · Made 21 January 2005
TRANSPORT AND WORKS, ENGLAND
TRANSPORT, ENGLAND
Made 21st January 2005
Coming into force 11th February 2005
Whereas 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 2000f1 made under sections 6, 6A, 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And whereas the Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 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 2 of Schedule 5 to this Order is not required;
And whereas notice of the Secretary of State’s determination was published in the London Gazette on 7th January 2005;
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 4, 7 to 13 and 15 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. 2000/2190.
- f2
-
1992 c. 42, as amended by S.I. 1995/1541 and 1998/2226.
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 part of Canning Dock, Duke’s Dock, Wapping Basin and Salthouse Dock
- 21Discharge of water
- 22Safeguarding works to buildings
- 23Power to construct temporary street tramways
- 24Planning permission: supplementary matters
- 25Power to survey and investigate land, etc.
- 26Mode of construction and operation of tram system
- 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 I of the Compulsory Purchase Act 1965
- 31Application of Compulsory Purchase (Vesting Declarations) Act 1981
- 32Powers to acquire new rights
- 33Powers 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
- Supplementary
- 39Acquisition of part of certain properties
- 40Extinction or suspension of private rights of way
- 41Time limit for exercise of powers of acquisition
- Part 4: Operation of Tram System
- 42Power to operate and use tram system
- 43Maintenance of approved works, etc.
- 44Power to charge fares
- 45Removal of obstructions
- 46Traffic signs
- 47Traffic regulation
- 48Power to lop trees overhanging tram system
- 49Trespass on tramroads
- 50Power to make byelaws
- 51Power to contract for police services
- 52Powers of disposal, agreements for operation, etc.
- 53Application of landlord and tenant law
- 54Tramcars deemed public service vehicles
- 55Substitute road services
- Part 5: Penalty Fares
- 56Interpretation of Part 5
- 57Operation of Part 5
- 58Penalty fares
- 59Amount of penalty fare
- 60Document to be issued in connection with penalty fare requirement
- 61Notice of penalty fare provisions
- 62Supplementary provisions
- 63Exclusion of double liability
- Part 6: Protective Provision
- 64Statutory undertakers, etc.
- 65Minerals
- 66Saving for highway authorities
- 67Arrangements with highway authorities
- 68For protection of the Environment Agency
- 69For protection of specified undertakers
- 70For protection of British Waterways Board
- Part 7: Miscellaneous and General
- 71Street and market traders
- 72Disclosure of confidential information
- 73Defence to proceedings in respect of statutory nuisance
- 74Certification of plans, etc.
- 75Service of notices
- 76No double recovery
- 77Arbitration
- Signature
- Schedule 1SCHEDULED WORKS
- Schedule 2ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED
- Schedule 3LAND NOT TO BE ACQUIRED COMPULSORILY
- Schedule 4STREETS SUBJECT TO ALTERATION OF LAYOUT
- Schedule 5: STREETS TO BE PERMANENTLY STOPPED UP
- 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- Schedule 6STREETS TO BE TEMPORARILY STOPPED UP
- 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
- 5REVOCATIONS AND AMENDMENTS
- 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 Merseytravel
- 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 powers
- 44Paragraph 44
- 45Paragraph 45
- Notices
- 46Paragraph 46
- 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
- Fencing
- 5Paragraph 5
- Survey of waterway
- 6Paragraph 6
- Approval of plans, protective works, etc.
- 7Paragraph 7
- Design of works
- 8Paragraph 8
- Notice of works
- 9Paragraph 9
- Lighting
- 10Paragraph 10
- Construction of specified works
- 11Paragraph 11
- Prevention of pollution
- 12Paragraph 12
- Access to work: provision of information
- 13Paragraph 13
- Costs of alterations, etc.
- 14Paragraph 14
- Maintenance of works
- 15Paragraph 15
- Repayment of the Board’s fees, etc.
- 16Paragraph 16
- Making good of detriment: compensation and indemnity, etc.
- 17Paragraph 17
- Details of capitalised sums to be provided
- 18Paragraph 18
- Arbitration
- 19Paragraph 19
- Explanatory note