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The Midland Metro (Wolverhampton City Centre Extension) Order 2016

S.I. 2016/684 · Made 12 July 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 12th July 2016

Coming into force 2nd August 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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 24th June 2016.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 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 the Planning Act 2008 (c.29), Schedule 2, paragraphs 51 and 52; section 5 was amended by S.I. 2012/1659.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of the Railways Clauses Consolidation Act 1845
  5. 4Application of the Midland Metro Acts
  6. 5Application of the 1991 Act
  7. Part 2: WORKS PROVISIONS
  8. Principal powers
  9. 6Power to construct and maintain works
  10. 7Power to deviate
  11. 8Designation of works
  12. Streets
  13. 9Power to alter layout, etc., of streets
  14. 10Power to keep apparatus in streets
  15. 11Power to execute street works
  16. 12Temporary stopping up of streets
  17. 13Access to works
  18. 14Construction and maintenance of new, altered or diverted highways
  19. 15Restoration of streets if tramway discontinued
  20. 16Construction and alteration of bridges
  21. 17Agreements with street authorities
  22. 18Level crossings
  23. Supplemental powers
  24. 19Attachment of equipment to buildings
  25. 20Discharge of water
  26. 21Works to safeguard buildings and the operation of the authorised tramway
  27. 22Power to survey and investigate land, etc.
  28. 23Mode of construction and operation of tramway
  29. 24Obstruction of construction of authorised works
  30. 25Power to construct temporary tramways
  31. 26Temporary interference with the Birmingham Canal
  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. 30Powers to acquire new rights
  38. 31New rights only to be acquired in certain lands
  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 TRAMWAY SYSTEM
  51. 40Power to operate and use tramway system
  52. 41Power to charge fares
  53. 42Traffic signs
  54. 43Traffic regulation
  55. Part 5: MISCELLANEOUS AND GENERAL
  56. 44Planning permission
  57. 45Statutory undertakers, etc.
  58. 46Minerals
  59. 47Saving for highway authorities
  60. 48Disclosure of confidential information
  61. 49Defence to proceedings in respect of statutory nuisance
  62. 50Certification of plans, etc.
  63. 51Service of notices
  64. 52No double recovery
  65. 53Arbitration
  66. 54For protection of railway interests
  67. 55For protection of the Canal and River Trust
  68. Signature
  69. Schedule 1SCHEDULED WORKS
  70. Schedule 2STREETS SUBJECT TO ALTERATION OF LAYOUT
  71. Schedule 3STREETS TO BE TEMPORARILY STOPPED UP
  72. Schedule 4ACQUISITION OF NEW RIGHTS ONLY
  73. Schedule 5: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  74. Compensation enactments
  75. 1Paragraph 1
  76. 2Paragraph 2
  77. Application of the 1965 Act
  78. 3Paragraph 3
  79. 4Paragraph 4
  80. 5Paragraph 5
  81. 6Paragraph 6
  82. 7Paragraph 7
  83. 8Paragraph 8
  84. 9Paragraph 9
  85. Schedule 6LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  86. Schedule 7TRAFFIC REGULATION
  87. 1STOPPING, WAITING OR UNLOADING
  88. 2DIRECTION OF VEHICULAR TRAFFIC
  89. 3PROHIBITION OF VEHICULAR TRAFFIC
  90. Schedule 8: PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
  91. Apparatus of statutory undertakers, etc. on land acquired
  92. 1Paragraph 1
  93. Apparatus of statutory undertakers, etc., in stopped up streets
  94. 2Paragraph 2
  95. Application of electronic communications code
  96. 3Paragraph 3
  97. Schedule 9: FOR THE PROTECTION OF RAILWAY INTERESTS
  98. 1Paragraph 1
  99. 2Paragraph 2
  100. 3Paragraph 3
  101. 4Paragraph 4
  102. 5Paragraph 5
  103. 6Paragraph 6
  104. 7Paragraph 7
  105. 8Paragraph 8
  106. 9Paragraph 9
  107. 10Paragraph 10
  108. 11Paragraph 11
  109. 12Paragraph 12
  110. 13Paragraph 13
  111. 14Paragraph 14
  112. 15Paragraph 15
  113. 16Paragraph 16
  114. 17Paragraph 17
  115. 18Paragraph 18
  116. 19Paragraph 19
  117. 20Paragraph 20
  118. 21Paragraph 21
  119. Schedule 10: FOR THE PROTECTION OF THE CANAL AND RIVER TRUST
  120. 1Paragraph 1
  121. 2Interpretation
  122. 3Powers requiring CRT’s consent
  123. 4Vehicles, plant and machinery
  124. 5Closure of towing paths, etc.
  125. 6Fencing
  126. 7Survey of waterway
  127. 8Approval of plans, protective works etc.
  128. 9Design of works
  129. 10Notice of works
  130. 11Lighting
  131. 12Construction of specified works
  132. 13Prevention of pollution
  133. 14Access to work: provision of information
  134. 15Alterations to waterway
  135. 16Maintenance of works
  136. 17Repayment of CRT’s fees, etc.
  137. 18Cost of alterations
  138. 19Making good of detriment; compensation and indemnity, etc.
  139. 20Details of capitalised sums to be provided
  140. 21Arbitration
  141. 22Statutory powers
  142. Explanatory note