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The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016

S.I. 2016/1035 · Made 3 November 2016

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Transport And Works, England

Transport, England

Made 3rd November 2016

Coming into force 24th November 2016

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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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

Notice of the Secretary of State’s determination was published in the London Gazette on 25th October 2016.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7 to 11, 13 and 15 to 17 of Schedule 1 to the 1992 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

S.I. 2006/1466, as amended by S.I. 2010/439, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2012/2590 and S.I. 2013/755.

f2

1992 c. 42. Section 1 was amended by paragraphs 51 and 52 of Schedule 2 to the Planning Act 2008 (c. 29). Section 5 was amended by S.I. 2012/1659.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application of enactments relating to railways
  5. 4Application of 1991 Act
  6. 5Disapplication of the Commons Act 2006
  7. 6As to Trafford Park railways
  8. Part 2: WORKS PROVISIONS
  9. Principal powers
  10. 7Power to construct and maintain works
  11. 8Power to deviate
  12. 9Designation of works
  13. Streets
  14. 10Power to alter layout, etc., of streets
  15. 11Power to keep apparatus in streets
  16. 12Power to execute street works
  17. 13Stopping up of streets
  18. 14Temporary stopping up of streets
  19. 15Access to works
  20. 16Maintenance of altered or diverted streets
  21. 17Restoration of streets if street tramway discontinued
  22. 18Agreements with street authorities
  23. 19Level crossings
  24. Supplemental powers
  25. 20Attachment of equipment to buildings
  26. 21Discharge of water
  27. 22Works to safeguard buildings and the operation of the authorised transit system
  28. 23Planning permission
  29. 24Power to survey and investigate land, etc.
  30. 25Mode of construction and operation of transit system
  31. 26Obstruction of construction of authorised works
  32. Part 3: ACQUISITION AND POSSESSION OF LAND
  33. Powers of acquisition
  34. 27Power to acquire land
  35. 28Application of Part 1 of the 1965 Act
  36. 29Application of Compulsory Purchase (Vesting Declarations) Act 1981
  37. 30Power to acquire new rights
  38. 31Power to acquire subsoil only
  39. 32Rights under or over streets
  40. Temporary possession of land
  41. 33Temporary use of land for construction of works
  42. 34Temporary use of land for maintenance of works
  43. Compensation
  44. 35Disregard of certain interests and improvements
  45. 36Set-off for enhancement in value of retained land
  46. Supplementary
  47. 37Acquisition of part of certain properties
  48. 38Extinction or suspension of private rights of way
  49. 39Time limit for exercise of powers of acquisition
  50. Part 4: OPERATION OF TRANSIT SYSTEM
  51. 40Application of existing powers
  52. 41Traffic signs
  53. 42Traffic regulation
  54. Part 5: PROTECTIVE PROVISIONS
  55. 43Minerals
  56. 44Saving for highway authorities
  57. 45Arrangements with highway authorities
  58. 46Protection of public utilities
  59. 47Protection of navigation
  60. Part 6: MISCELLANEOUS AND GENERAL
  61. 48Disclosure of confidential information
  62. 49Defence to proceedings in respect of statutory nuisance
  63. 50Certification of plans, etc.
  64. 51Service of notices
  65. 52No double recovery
  66. 53Arbitration
  67. Signature
  68. Schedule 1SCHEDULED WORKS
  69. Schedule 2STREETS SUBJECT TO ALTERATION OF LAYOUT
  70. Schedule 3STREETS TO BE STOPPED UP
  71. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  72. 2FOOTPATHS AND BRIDLEWAYS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  73. 3STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  74. Schedule 4: STREETS TO BE TEMPORARILY STOPPED UP
  75. 1HIGHWAYS TO BE TEMPORARILY STOPPED UP
  76. 2FOOTPATHS AND BRIDLEWAYS TO BE TEMPORARILY STOPPED UP
  77. Schedule 5: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  78. Compensation enactments
  79. 1Paragraph 1
  80. 2Paragraph 2
  81. Adaptation of the 1965 Act
  82. 3Paragraph 3
  83. 4Paragraph 4
  84. 5Paragraph 5
  85. 6Paragraph 6
  86. 7Paragraph 7
  87. 8Paragraph 8
  88. 9Paragraph 9
  89. Schedule 6LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  90. Schedule 7: TRAFFIC REGULATION
  91. 1Interpretation
  92. 2Interpretation
  93. Part 1: STOPPING, WAITING, LOADING OR UNLOADING
  94. 3Paragraph 3
  95. Part 2: DIRECTION OF VEHICULAR TRAFFIC
  96. 4Paragraph 4
  97. Part 3: PROHIBITION OF VEHICULAR ACCESS
  98. 5Paragraph 5
  99. Part 4: VEHICULAR SPEED LIMITS
  100. 6Paragraph 6
  101. Schedule 8: PROTECTION OF PUBLIC UTILITIES
  102. 1Effect
  103. 2Definitions
  104. 3On-street apparatus
  105. 4Apparatus in stopped-up streets
  106. 5Protective works to building
  107. 6Acquisition
  108. 7Acquisition
  109. 8Removal of apparatus
  110. 9Removal of apparatus
  111. 10Removal of apparatus
  112. 11Removal of apparatus
  113. 12Removal of apparatus
  114. 13Removal of apparatus
  115. 14Removal of apparatus
  116. 15Removal of apparatus
  117. 16Removal of apparatus
  118. 17Facilities and rights for necessary alternative apparatus
  119. 18Facilities and rights for necessary alternative apparatus
  120. 19Facilities and rights for necessary alternative apparatus
  121. 20Retained apparatus
  122. 21Retained apparatus
  123. 22Retained apparatus
  124. 23Retained apparatus
  125. 24Retained apparatus
  126. 25Retained apparatus
  127. 26Retained apparatus
  128. 27Retained apparatus
  129. 28Expenses and costs
  130. 29Expenses and costs
  131. 30Expenses and costs
  132. 31Expenses and costs
  133. 32Expenses and costs
  134. 33Expenses and costs
  135. 34Indemnity
  136. 35Indemnity
  137. 36Indemnity
  138. 37Indemnity
  139. 38Co-operation
  140. 39Access
  141. Schedule 9: PROTECTION OF NAVIGATION
  142. 1Paragraph 1
  143. 2Paragraph 2
  144. 3Paragraph 3
  145. 4Paragraph 4
  146. 5Paragraph 5
  147. 6Paragraph 6
  148. 7Paragraph 7
  149. 8Paragraph 8
  150. 9Paragraph 9
  151. 10Paragraph 10
  152. 11Paragraph 11
  153. 12Paragraph 12
  154. 13Paragraph 13
  155. 14Paragraph 14
  156. 15Paragraph 15
  157. 16Paragraph 16
  158. 17Paragraph 17
  159. 18Paragraph 18
  160. 19Paragraph 19
  161. 20Paragraph 20
  162. 21Paragraph 21
  163. Explanatory note