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The Midland Metro (Birmingham Eastside Extension) Order 2020

S.I. 2020/141 · Made 12 February 2020

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Transport And Works, England

Transport, England

Made 12th February 2020

Coming into force 4th March 2020

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The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with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 22nd January 2020.

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, 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, S.I. 2013/755, S.I. 2014/469, S.I. 2015/377, S.I. 2015/627, S.I. 2015/1682 and S.I. 2017/979.

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. 6Disapplication of legislative provisions
  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. 16Construction and maintenance of new, altered or diverted highways
  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 tramway
  28. 23Power to survey and investigate land, etc.
  29. 24Mode of construction and operation of tramway
  30. 25Obstruction of construction of authorised works
  31. 26Power to construct temporary tramways
  32. 27Removal of human remains
  33. Part 3: ACQUISITION AND POSSESSION OF LAND
  34. Powers of acquisition
  35. 28Power to acquire land
  36. 29Application of Part 1 of the 1965 Act
  37. 30Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  38. 31Powers to acquire new rights
  39. 32New rights only to be acquired in certain lands
  40. 33Rights under or over streets
  41. Temporary possession of land
  42. 34Temporary use of land for construction of works
  43. 35Temporary use of land for maintenance of works
  44. Compensation
  45. 36Disregard of certain interests and improvements
  46. 37Set-off for enhancement in value of retained land
  47. 38No double recovery
  48. Supplementary
  49. 39Extinction or suspension of private rights of way
  50. 40Time limit for exercise of powers of acquisition
  51. Part 4: OPERATION OF TRAMWAY SYSTEM
  52. 41Power to operate and use tramway system
  53. 42Power to charge fares
  54. 43Traffic signs
  55. 44Traffic regulation
  56. Part 5: MISCELLANEOUS AND GENERAL
  57. 45Planning permission
  58. 46Statutory undertakers, etc.
  59. 47Minerals
  60. 48Saving for highway authorities
  61. 49Disclosure of confidential information
  62. 50Defence to proceedings in respect of statutory nuisance
  63. 51Certification of plans. etc.
  64. 52Service of notices
  65. 53Arbitration
  66. 54Repeal relating to the 1989 Act
  67. 55For protection of railway interests
  68. 56For protection of the Environment Agency
  69. Signature
  70. Schedule 1SCHEDULED WORKS
  71. Schedule 2STREETS SUBJECT TO ALTERATION OF LAYOUT
  72. Schedule 3: STREETS TO BE STOPPED UP
  73. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  74. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  75. Schedule 4STREETS TO BE TEMPORARILY STOPPED UP
  76. Schedule 5: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  77. Compensation enactments
  78. 1Paragraph 1
  79. 2Paragraph 2
  80. 3Paragraph 3
  81. Application of Part 1 of the 1965 Act
  82. 4Paragraph 4
  83. 5Paragraph 5
  84. Schedule 6ACQUISITION OF NEW RIGHTS ONLY
  85. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  86. Schedule 8TRAFFIC REGULATION
  87. 1STOPPING, WAITING OR UNLOADING
  88. 2DIRECTION OF VEHICULAR TRAFFIC
  89. 3PROHIBITION OF VEHICULAR TRAFFIC
  90. 4PEDAL CYCLE MOVEMENTS
  91. 5PARKING SPACES
  92. Schedule 9: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  93. Apparatus of statutory undertakers, etc. on land acquired
  94. 1Paragraph 1
  95. Apparatus of statutory undertakers, etc, in stopped up streets
  96. 2Paragraph 2
  97. Application of electronic communications code
  98. 3Paragraph 3
  99. Schedule 10: FOR THE PROTECTION OF RAILWAY INTERESTS
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. 5Paragraph 5
  105. 6Paragraph 6
  106. 7Paragraph 7
  107. 8Paragraph 8
  108. 9Paragraph 9
  109. 10Paragraph 10
  110. 11Paragraph 11
  111. 12Paragraph 12
  112. 13Paragraph 13
  113. 14Paragraph 14
  114. 15Paragraph 15
  115. 16Paragraph 16
  116. 17Paragraph 17
  117. 18Paragraph 18
  118. 19Paragraph 19
  119. 20Paragraph 20
  120. Schedule 11: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  121. 1Paragraph 1
  122. 2Paragraph 2
  123. 3Paragraph 3
  124. 4Paragraph 4
  125. 5Paragraph 5
  126. 6Paragraph 6
  127. 7Paragraph 7
  128. 8Paragraph 8
  129. 9Paragraph 9
  130. 10Paragraph 10
  131. 11Paragraph 11
  132. Explanatory note