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The Merseytram (Liverpool City Centre to Kirkby) Order 2005

S.I. 2005/120 · Made 21 January 2005

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And whereas the Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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

  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 part of Canning Dock, Duke’s Dock, Wapping Basin and Salthouse Dock
  26. 21Discharge of water
  27. 22Safeguarding works to buildings
  28. 23Power to construct temporary street tramways
  29. 24Planning permission: supplementary matters
  30. 25Power to survey and investigate land, etc.
  31. 26Mode of construction and operation of tram system
  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 I of the Compulsory Purchase Act 1965
  38. 31Application of Compulsory Purchase (Vesting Declarations) Act 1981
  39. 32Powers to acquire new rights
  40. 33Powers 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. Supplementary
  49. 39Acquisition of part of certain properties
  50. 40Extinction or suspension of private rights of way
  51. 41Time limit for exercise of powers of acquisition
  52. Part 4: Operation of Tram System
  53. 42Power to operate and use tram system
  54. 43Maintenance of approved works, etc.
  55. 44Power to charge fares
  56. 45Removal of obstructions
  57. 46Traffic signs
  58. 47Traffic regulation
  59. 48Power to lop trees overhanging tram system
  60. 49Trespass on tramroads
  61. 50Power to make byelaws
  62. 51Power to contract for police services
  63. 52Powers of disposal, agreements for operation, etc.
  64. 53Application of landlord and tenant law
  65. 54Tramcars deemed public service vehicles
  66. 55Substitute road services
  67. Part 5: Penalty Fares
  68. 56Interpretation of Part 5
  69. 57Operation of Part 5
  70. 58Penalty fares
  71. 59Amount of penalty fare
  72. 60Document to be issued in connection with penalty fare requirement
  73. 61Notice of penalty fare provisions
  74. 62Supplementary provisions
  75. 63Exclusion of double liability
  76. Part 6: Protective Provision
  77. 64Statutory undertakers, etc.
  78. 65Minerals
  79. 66Saving for highway authorities
  80. 67Arrangements with highway authorities
  81. 68For protection of the Environment Agency
  82. 69For protection of specified undertakers
  83. 70For protection of British Waterways Board
  84. Part 7: Miscellaneous and General
  85. 71Street and market traders
  86. 72Disclosure of confidential information
  87. 73Defence to proceedings in respect of statutory nuisance
  88. 74Certification of plans, etc.
  89. 75Service of notices
  90. 76No double recovery
  91. 77Arbitration
  92. Signature
  93. Schedule 1SCHEDULED WORKS
  94. Schedule 2ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED
  95. Schedule 3LAND NOT TO BE ACQUIRED COMPULSORILY
  96. Schedule 4STREETS SUBJECT TO ALTERATION OF LAYOUT
  97. Schedule 5: STREETS TO BE PERMANENTLY STOPPED UP
  98. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  99. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  100. Schedule 6STREETS TO BE TEMPORARILY STOPPED UP
  101. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  102. Compensation enactments
  103. 1Paragraph 1
  104. 2Paragraph 2
  105. Adaptation of the 1965 Act
  106. 3Paragraph 3
  107. 4Paragraph 4
  108. 5Paragraph 5
  109. 6Paragraph 6
  110. 7Paragraph 7
  111. 8Paragraph 8
  112. 9Paragraph 9
  113. Schedule 8ACQUISITION OF NEW RIGHTS ONLY
  114. Schedule 9LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  115. Schedule 10TRAFFIC REGULATION
  116. 1STOPPING, WAITING, LOADING OR UNLOADING
  117. 2PARKING PLACES
  118. 3DIRECTION OF TRAFFIC
  119. 4VEHICULAR ACCESS
  120. 5REVOCATIONS AND AMENDMENTS
  121. Schedule 11: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  122. Apparatus of statutory undertakers, etc., on land acquired
  123. 1Paragraph 1
  124. Apparatus of statutory undertakers, etc., in stopped up streets
  125. 2Paragraph 2
  126. Schedule 12: FOR PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  127. Interpretation
  128. 1Paragraph 1
  129. Application of Schedule 11
  130. 2Paragraph 2
  131. Apparatus in stopped up streets
  132. 3Paragraph 3
  133. 4Paragraph 4
  134. On-street apparatus
  135. 5Paragraph 5
  136. Acquisition of land
  137. 6Paragraph 6
  138. 7Paragraph 7
  139. Removal of apparatus
  140. 8Paragraph 8
  141. 9Paragraph 9
  142. 10Paragraph 10
  143. 11Paragraph 11
  144. 12Paragraph 12
  145. Removal of apparatus and construction of alternative apparatus by Merseytravel
  146. 13Paragraph 13
  147. 14Paragraph 14
  148. 15Paragraph 15
  149. 16Paragraph 16
  150. Facilities and rights for alternative apparatus
  151. 17Paragraph 17
  152. 18Paragraph 18
  153. 19Paragraph 19
  154. Retained apparatus: protection and plan approval
  155. 20Paragraph 20
  156. 21Paragraph 21
  157. 22Paragraph 22
  158. 23Paragraph 23
  159. 24Paragraph 24
  160. 25Paragraph 25
  161. 26Paragraph 26
  162. 27Paragraph 27
  163. 28Paragraph 28
  164. 29Paragraph 29
  165. Co-operation
  166. 30Paragraph 30
  167. Access
  168. 31Paragraph 31
  169. Expenses
  170. 32Paragraph 32
  171. 33Paragraph 33
  172. 34Paragraph 34
  173. 35Paragraph 35
  174. 36Paragraph 36
  175. 37Paragraph 37
  176. Indemnity
  177. 38Paragraph 38
  178. 39Paragraph 39
  179. 40Paragraph 40
  180. Exercise of safeguarding and survey powers
  181. 41Paragraph 41
  182. 42Paragraph 42
  183. Arbitration
  184. 43Paragraph 43
  185. Transfer of powers
  186. 44Paragraph 44
  187. 45Paragraph 45
  188. Notices
  189. 46Paragraph 46
  190. Schedule 13: FOR PROTECTION OF BRITISH WATERWAYS BOARD
  191. 1Paragraph 1
  192. Interpretation
  193. 2Paragraph 2
  194. Powers requiring the Board’s consent
  195. 3Paragraph 3
  196. Vehicles, plant and machinery
  197. 4Paragraph 4
  198. Fencing
  199. 5Paragraph 5
  200. Survey of waterway
  201. 6Paragraph 6
  202. Approval of plans, protective works, etc.
  203. 7Paragraph 7
  204. Design of works
  205. 8Paragraph 8
  206. Notice of works
  207. 9Paragraph 9
  208. Lighting
  209. 10Paragraph 10
  210. Construction of specified works
  211. 11Paragraph 11
  212. Prevention of pollution
  213. 12Paragraph 12
  214. Access to work: provision of information
  215. 13Paragraph 13
  216. Costs of alterations, etc.
  217. 14Paragraph 14
  218. Maintenance of works
  219. 15Paragraph 15
  220. Repayment of the Board’s fees, etc.
  221. 16Paragraph 16
  222. Making good of detriment: compensation and indemnity, etc.
  223. 17Paragraph 17
  224. Details of capitalised sums to be provided
  225. 18Paragraph 18
  226. Arbitration
  227. 19Paragraph 19
  228. Explanatory note