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The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016

S.I. 2016/545 · Made 24 May 2016 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 28 December 2017.

Transport And Works, England

Transport, England

Made 24th May 2016

Coming into force 14th June 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 17th May 2016.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7 to 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, amended by S.I. 2010/439, S.I. 2011/556, 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 the 1991 Act
  5. 4Incorporation of the Railways Clauses Consolidation Act 1845
  6. 5Application of the Midland Metro Acts
  7. Part 2: WORKS PROVISIONS
  8. Principal powers
  9. 6Power to construct and maintain works
  10. 7Power to deviate, etc.
  11. Streets
  12. 8Power to alter layout, etc., of streets
  13. 9Power to keep apparatus in streets
  14. 10Power to execute street works
  15. 11Temporary stopping up of streets
  16. 12Access to works
  17. 13Restoration of streets if street tramway discontinued
  18. 14Agreements with street authorities
  19. Supplemental powers
  20. 15Discharge of water
  21. 16Safeguarding works to buildings
  22. 17Power to construct temporary tramways
  23. 18Power to survey and investigate land
  24. 19Mode of construction and operation of tramway
  25. Part 3: ACQUISITION AND POSSESSION OF LAND
  26. Powers of acquisition
  27. 20Power to acquire land
  28. 21Application of Part 1 of the 1965 Act
  29. 22Application of Compulsory Purchase (Vesting Declarations) Act 1981
  30. 23Power to acquire new rights
  31. 24Rights under or over streets
  32. Temporary possession of land
  33. 25Temporary use of land for construction of works
  34. 26Temporary use of land for maintenance of works
  35. Compensation
  36. 27Disregard of certain interests and improvements
  37. Supplementary
  38. 28Acquisition of part of certain properties
  39. 29Extinction or suspension of rights of way
  40. 30Time limit for exercise of powers of acquisition
  41. Part 4: OPERATION OF TRAMWAY SYSTEM
  42. 31Power to operate and use tramway system
  43. 32Power to charge fares
  44. 33Traffic signs
  45. 34Obstruction of construction of authorised works
  46. Part 5: MISCELLANEOUS AND GENERAL
  47. 35Planning permission
  48. 36Statutory undertakers, etc.
  49. 37Existing agreements
  50. 38Minerals
  51. 39Saving for highway authorities
  52. 40Certification of plans, etc.
  53. 41Service of notices
  54. 42No double recovery
  55. 43Disclosure of confidential information
  56. 44Withholding of consent
  57. 45Arbitration
  58. 46Protective provisions for Network Rail
  59. Signature
  60. Schedule 1: ACQUISITION OF LAND AND RIGHTS
  61. 1ACQUISITION OF LAND
  62. 2ACQUISITION OF RIGHTS ONLY
  63. Schedule 2: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  64. Compensation enactments
  65. 1Paragraph 1
  66. 2Paragraph 2
  67. Application of the 1965 Act
  68. 3Paragraph 3
  69. 4Paragraph 4
  70. 5Paragraph 5
  71. 6Paragraph 6
  72. 7Paragraph 7
  73. 8Paragraph 8
  74. 9Paragraph 9
  75. Schedule 3LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  76. Schedule 4: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  77. Apparatus of statutory undertakers, etc., on land acquired
  78. 1Paragraph 1
  79. Application of electronic communications code
  80. 2Paragraph 2
  81. Schedule 5EXISTING AGREEMENTS
  82. Schedule 6: PROTECTIVE PROVISIONS FOR NETWORK RAIL
  83. 1Paragraph 1
  84. 2Paragraph 2
  85. 3Paragraph 3
  86. 4Paragraph 4
  87. 5Paragraph 5
  88. 6Paragraph 6
  89. 7Paragraph 7
  90. 8Paragraph 8
  91. 9Paragraph 9
  92. 10Paragraph 10
  93. 11Paragraph 11
  94. 12Paragraph 12
  95. 13Paragraph 13
  96. 14Paragraph 14
  97. 15Paragraph 15
  98. 16Paragraph 16
  99. 17Paragraph 17
  100. 18Paragraph 18
  101. Explanatory note