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The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013

S.I. 2013/3244 · Made 19 December 2013 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2017.

Transport And Works, England

Transport, England

Made 19th December 2013

Coming into force 9th January 2014

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 2006f1 for an order under sections 1, 3 and 5 of the Transport and Works Act 1992f2 (“the 1992 Act”).

The Secretary of State caused an inquiry to be held for the purposes of the application under 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 opinion of the Secretary of State do not make any substantial change in the proposals.

The Secretary of State is satisfied that the provision of an alternative right of way for the street mentioned in Part 2 of Schedule 4 (streets to be stopped up and the provision of substitutes) is not required.

Notice of the Secretary of State’s determination was published in the London Gazette on   11th November 2013

The Secretary of State, in exercise of the powers conferred by sections 1, 3 and 5 of, and paragraphs 1 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 by 1965 c. 56, s. 8(1) (as modified) (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), art. 1, Sch. 6 paras. 3(2), 4-9 (with arts. 57, 58, Sch. 11 para. 19)

Footnotes

f1

S.I. 2006/1466.

f2

1992 c. 42. Relevant amending instruments are S.I. 1995/1541, S.I. 1998/2226, S.I. 2000/3199 and S.I. 2006/958.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application of enactments relating to railways
  5. 4Application of the 1991 Act
  6. Part 2: WORKS PROVISIONS
  7. Principal powers
  8. 5Power to construct and maintain works
  9. 6Power to deviate
  10. Streets
  11. 7Power to alter layout, etc., of streets
  12. 8Power to keep apparatus in streets
  13. 9Power to execute street works
  14. 10Construction of new and stopping up of existing streets
  15. 11Temporary stopping up of streets
  16. 12Access to works
  17. 13Construction and maintenance of new, altered or diverted streets
  18. 14Agreements with street authorities
  19. 15Guided busway highway crossings
  20. Supplemental powers
  21. 16Temporary closure of and works in waterways
  22. 17Discharge of water
  23. 18Safeguarding works to buildings
  24. 19Planning permission
  25. 20Power to survey and investigate land, etc.
  26. 21Mode of construction and operation of the harbour railway system
  27. 22Obstruction of construction of authorised works
  28. Part 3: ACQUISITION AND POSSESSION OF LAND
  29. Powers of acquisition
  30. 23Power to acquire land
  31. 24Application of Part 1 of the 1965 Act
  32. 25Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  33. 26Power to acquire new rights
  34. 27Rights under or over streets
  35. Temporary possession of land
  36. 28Temporary use of land for construction of works
  37. 29Temporary use of land for maintenance of works
  38. Compensation
  39. 30Disregard of certain interests and improvements
  40. 31Set-off for enhancement in value of retained land
  41. Supplementary
  42. 32Acquisition of part of certain properties
  43. 33Extinguishment or suspension of private rights of way
  44. 34Open space
  45. 35Time limit for exercise of powers of acquisition
  46. Part 4: OPERATION OF THE TRANSPORT SYSTEMS
  47. 36Power to operate and use transport systems
  48. 37Power to charge fares
  49. 38Removal of obstructions
  50. 39Traffic signs
  51. 40Traffic regulation
  52. 41Power to lop trees overhanging transport systems
  53. 42Trespass on the transport systems
  54. 43Power to make byelaws
  55. 44Power to contract for police services
  56. 45Powers of disposal, agreements for operation, etc.
  57. 46Application of landlord and tenant law
  58. 47Registration of busway services and substitute road services
  59. Part 5: PENALTY FARES
  60. 48Interpretation of Part 5
  61. 49Operation of Part 5
  62. 50Penalty fares
  63. 51Amount of penalty fare
  64. 52Document to be issued in connection with penalty fare requirement
  65. 53Notice of penalty fare provisions
  66. 54Supplementary provisions
  67. 55Exclusion of double liability
  68. Part 6: PROTECTIVE PROVISIONS
  69. 56Statutory undertakers, etc.
  70. 57Minerals
  71. 58Saving for highway authorities
  72. 59For protection of electricity, gas, water and sewerage undertakers
  73. 60For protection of railway interests
  74. Part 7: MISCELLANEOUS AND GENERAL
  75. 61Application of enactments
  76. 62Disclosure of confidential information
  77. 63Defence to proceedings in respect of statutory nuisance
  78. 64Certification of plans, etc.
  79. 65Service of notices
  80. 66No double recovery
  81. 67Arbitration
  82. Signature
  83. Schedule 1SCHEDULED WORKS
  84. Schedule 2ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED
  85. Schedule 3STREETS SUBJECT TO ALTERATION OF LAYOUT
  86. 1HIGHWAYS SUBJECT TO ALTERATION OF LAYOUT
  87. 2FOOTPATH SUBJECT TO ALTERATION OF LAYOUT
  88. Schedule 4STREETS TO BE STOPPED UP AND THE PROVISION OF SUBSTITUTES
  89. 1FOOTPATHS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  90. 2FOOTPATH FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  91. 3NEW FOOTPATHS
  92. Schedule 5: STREETS TO BE TEMPORARILY STOPPED UP
  93. 1HIGHWAYS TO BE TEMPORARILY STOPPED UP
  94. 2FOOTPATHS TO BE TEMPORARILY STOPPED UP
  95. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  96. Compensation enactments
  97. 1Paragraph 1
  98. 2Paragraph 2
  99. Adaptation of the 1965 Act
  100. 3Paragraph 3
  101. 4Paragraph 4
  102. 5Paragraph 5
  103. 6Paragraph 6
  104. 7Paragraph 7
  105. 8Paragraph 8
  106. 9Paragraph 9
  107. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  108. Schedule 8: TRAFFIC REGULATION
  109. 1STOPPING, WAITING, LOADING OR UNLOADING
  110. 2VEHICULAR ACCESS
  111. 3BUS AND CYCLE LANES
  112. Schedule 9: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  113. Apparatus of statutory undertakers, etc., on land acquired
  114. 1Paragraph 1
  115. Apparatus of statutory undertakers, etc., in stopped up streets
  116. 2Paragraph 2
  117. Railway, navigation and tramway undertakings
  118. 3Paragraph 3
  119. Schedule 10: FOR PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  120. Interpretation
  121. 1Paragraph 1
  122. Application of Schedule 9
  123. 2Paragraph 2
  124. Apparatus in stopped up streets
  125. 3Paragraph 3
  126. 4Paragraph 4
  127. On-street apparatus
  128. 5Paragraph 5
  129. Acquisition of land
  130. 6Paragraph 6
  131. 7Paragraph 7
  132. Removal of apparatus
  133. 8Paragraph 8
  134. 9Paragraph 9
  135. 10Paragraph 10
  136. 11Paragraph 11
  137. 12Paragraph 12
  138. Removal of apparatus and construction of alternative apparatus by the promoter
  139. 13Paragraph 13
  140. 14Paragraph 14
  141. 15Paragraph 15
  142. 16Paragraph 16
  143. Facilities and rights for alternative apparatus
  144. 17Paragraph 17
  145. 18Paragraph 18
  146. 19Paragraph 19
  147. Retained apparatus: protection and plan approval
  148. 20Paragraph 20
  149. 21Paragraph 21
  150. 22Paragraph 22
  151. 23Paragraph 23
  152. 24Paragraph 24
  153. 25Paragraph 25
  154. 26Paragraph 26
  155. 27Paragraph 27
  156. 28Paragraph 28
  157. 29Paragraph 29
  158. Co-operation
  159. 30Paragraph 30
  160. Access
  161. 31Paragraph 31
  162. Expenses
  163. 32Paragraph 32
  164. 33Paragraph 33
  165. 34Paragraph 34
  166. 35Paragraph 35
  167. 36Paragraph 36
  168. 37Paragraph 37
  169. Indemnity
  170. 38Paragraph 38
  171. 39Paragraph 39
  172. 40Paragraph 40
  173. Exercise of safeguarding and survey powers
  174. 41Paragraph 41
  175. 42Paragraph 42
  176. Arbitration
  177. 43Paragraph 43
  178. Transfer of functions
  179. 44Paragraph 44
  180. 45Paragraph 45
  181. Notices
  182. 46Paragraph 46
  183. Schedule 11: FOR PROTECTION OF RAILWAY INTERESTS
  184. 1Paragraph 1
  185. 2Paragraph 2
  186. 3Paragraph 3
  187. 4Paragraph 4
  188. 5Paragraph 5
  189. 6Paragraph 6
  190. 7Paragraph 7
  191. 8Paragraph 8
  192. 9Paragraph 9
  193. 10Paragraph 10
  194. 11Paragraph 11
  195. 12Paragraph 12
  196. 13Paragraph 13
  197. 14Paragraph 14
  198. 15Paragraph 15
  199. 16Paragraph 16
  200. 17Paragraph 17
  201. 18Paragraph 18
  202. 19Paragraph 19
  203. 20Paragraph 20
  204. Explanatory note