The River Mersey (Mersey Gateway Bridge) Order 2011
S.I. 2011/41 · Made 11 January 2011 · Extends to England, Wales and Scotland
Transport And Works, England
Transport, England
Made 11th January 2011
Coming into force 1st February 2011
The Secretary of State caused an inquiry to be held for the purposes of the application pursuant to section 11 of the 1992 Act.
The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 the Secretary of State’s opinion do not make any substantial change to the proposals.
The Secretary of State is of the opinion that the primary object of this Order cannot be achieved by means of an Order under the Harbours Act 1964f3.
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 3 is not required.
Notice of the Secretary of State’s determination was published in the London Gazette on 23rd December 2010.
The Secretary of State, in exercise of the powers conferred by sections 3 and 5 of, and paragraphs 1 to 5, 7, 8, 10 to 13 and 15 to 17 of Schedule 1 to, the 1992 Act, makes the following Order—C1
Annotations to the whole text
Modifications
- C1
Order modified (1.2.2011) by 1965 c. 56, s. 8(1) (as substituted by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), art. 1, Sch. 6 para. 5 (with art. 51, Sch. 10 paras. 68, 85))
Footnotes
- f1
- f2
-
1992 c. 42. Part 1 of this Act is amended by S.I. 1995/1541, 1998/2226, 2000/3199 and 2006/958.
- f3
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Application of the 1991 Act
- Part 2: WORKS PROVISIONS
- Principal powers
- 4Power to construct and maintain works
- 5Power to deviate
- 6Restriction on works in the River Mersey and saltmarshes
- Streets
- 7Power to execute street works
- 8Stopping up of streets
- 9Temporary stopping up of streets
- 10Access to works
- 11Construction and maintenance of new or altered streets
- 12Agreements with street authorities
- 13Use of the Astmoor Busway for the purposes of the construction of the authorised works
- Supplemental powers
- 14Discharge of water
- 15Protective works to buildings
- 16Power to survey and investigate land
- 17Additional powers
- 18Prohibitions within the new crossing area, etc.
- 19Protection of the new crossing, etc.
- 20Restriction on mooring of vessels, etc.
- Part 3: ACQUISITION AND POSSESSION OF LAND
- Powers of acquisition
- 21Power to acquire land
- 22Application of Part 1 of the 1965 Act
- 23Application of the Compulsory Purchase (Vesting Declarations) Act 1981
- 24Power to acquire new rights
- 25Rights under or over streets
- 26Open Space at Widnes
- 27Open Space on Wigg Island
- Temporary possession of land
- 28Temporary use of land for construction of works
- 29Temporary use of land for maintenance of works
- Compensation
- 30Disregard of certain interests and improvements
- 31Set-off for enhancement in value of retained land
- Supplementary
- 32Acquisition of part of certain properties
- 33Extinction or suspension of private rights of way
- 34Time limit for exercise of powers of acquisition
- Part 4: OPERATIONAL
- 35Power to operate, use and maintain the new crossing
- 36Restriction on use of the new crossing by certain classes of vehicle or person
- 37Closing the new crossing
- 38No mains or pipes
- 39Trespass on the new crossing
- 40Offences and power to make byelaws
- Part 5: TOLLING, CONCESSION AND FINANCING ARRANGEMENTS
- 41Power to charge tolls
- 42Payment of tolls
- 42APower to make road user charging schemes
- 43Power to enter into concession agreements and lease or transfer the undertaking, etc.
- 44Application of landlord and tenant law
- 45Application of section 2 of the 1991 Act
- 46Enforcement
- Part 6: MISCELLANEOUS AND GENERAL
- 47Planning permission and supplementary matters
- 48Power to lop trees overhanging the authorised works
- 49Disapplication of the Commons Act 2006
- 50Proceedings in respect of statutory nuisance
- 51Saving for Trinity House and protection of navigation
- 52Removal of vessels
- 53Obstruction of construction of authorised works
- 54Disclosure of confidential information
- 55Statutory undertakers, etc.
- 56Protective provisions
- 57Disapplication of provisions relating to the conservation of the River Mersey
- 58Disapplication of certain provisions of the Manchester Ship Canal Acts and Orders
- 59Certification of plans, etc.
- 60Service of notices
- 61No double recovery
- 62Arbitration
- Signature
- Schedule 1SCHEDULED WORKS
- Schedule 2STREETS SUBJECT TO STREET WORKS
- Schedule 3: STREETS TO BE STOPPED UP
- 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- Schedule 4STREETS TO BE TEMPORARILY STOPPED UP
- Schedule 5ACCESS TO WORKS
- Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- Application of the 1965 Act
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 8: PROTECTION OF NAVIGATION
- 1Paragraph 1
- Tidal works
- 2Paragraph 2
- Provision against danger to navigation
- 3Paragraph 3
- Abandonment, etc. of structure
- 4Paragraph 4
- Surveys, etc.
- 5Paragraph 5
- Lights on tidal works during construction
- 6Paragraph 6
- Permanent lights on tidal works
- 7Paragraph 7
- Defence of due diligence
- 8Paragraph 8
- Trinity House
- 9Paragraph 9
- Expenses
- 10Paragraph 10
- Schedule 9: 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
- Railway and navigation undertakings
- 3Paragraph 3
- Schedule 10: PROTECTIVE PROVISIONS
- Part 1: PROTECTION OF THE MANCHESTER SHIP CANAL COMPANY
- 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
- 23Paragraph 23
- Part 2: PROTECTION OF THE MERSEY DOCKS AND HARBOUR COMPANY
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Part 3: PROTECTION FOR THE ENVIRONMENT AGENCY
- General
- 29Paragraph 29
- Interpretation
- 30Paragraph 30
- Plan approval
- 31Paragraph 31
- 32Paragraph 32
- Construction of works
- 33Paragraph 33
- Liability for damage to tidal and fluvial regimes
- 34Paragraph 34
- Prior survey of drainage works
- 35Paragraph 35
- Maintenance by undertaker of drainage works
- 36Paragraph 36
- Impairment of efficiency of and damage to drainage works
- 37Paragraph 37
- Protection of the fishery
- 38Paragraph 38
- Indemnity in respect of particular expenses incurred by Agency under this Part of this Schedule
- 39Paragraph 39
- General indemnity by the undertaker
- 40Paragraph 40
- Dispute resolution
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- Part 4: PROTECTION OF THE MERSEY CONSERVANCY
- General
- 44Paragraph 44
- Interpretation
- 45Paragraph 45
- Tidal work
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- Part 5: PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- Part 6: PROTECTION OF UNITED UTILITIES WATER PLC
- 71Interpretation
- 72No application where street works code applies
- 73Disapplication of Schedule 9 in part
- 74Acquisition of apparatus, etc.
- 75Exercise of powers respecting trial holes
- 76Access
- 77Plan approval
- 78Plan approval
- 79Plan approval
- 80Plan approval
- 81Plan approval
- Part 7: PROTECTION OF CABLE AND WIRELESS UK
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- Schedule 11: LEVEL OF TOLLS
- Part 1: INITIAL TOLLS AND REVISION OF TOLLS
- 1Initial toll range
- 2Revision of toll ranges
- 3Revision of toll ranges
- 4Revision of toll ranges
- 5Revision of tolls
- 6Revision of tolls
- 7Further provisions as to revision of toll ranges and classification of vehicles
- 8Further provisions as to revision of toll ranges and classification of vehicles
- Objections
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Part 2: CLASSIFICATION OF VEHICLES
- 15Paragraph 15
- Schedule 12: REGISTER OF VEHICLES EXEMPT FROM TOLLS
- Part 1
- 1Paragraph 1
- Part 2
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 13MANCHESTER SHIP CANAL ACTS AND ORDERS
- Explanatory note