Office of Public Sector Information
(1) This Act may be cited as the Midland Metro (No. 2) Act 1992.
(2) The Midland Metro Act 1989, the No. 1 Act of 1992 and this Act may be cited together as the Midland Metro Acts 1989 to 1992.
(1) In this Act, unless the context otherwise requires, the several words and expressions to which meanings are assigned by the Acts wholly or partly incorporated herewith have the same respective meanings and—
“the Act of 1989” means the [1989 c. xv.] Midland Metro Act 1989;
“the No. 1 Act of 1992” means the Act for which the Midland Metro Bill was deposited in the Session of Parliament 1989/90;
“authorised railway” means any railway authorised by this Act, including, where the context so admits, any railway adapted for use as part of the Metro;
“the authorised works” means the works authorised by this Act;
“existing” means existing at the commencement of this Act;
“the limits of deviation” means the limits shown on the deposited plans and, where in the case of a work in any street, no such limits are shown for that work, the boundaries of the street (including any verge or roadside waste adjoining it);
“the Metro” means the light rail transit system comprising the railways authorised by the Midland Metro Acts 1989 to 1992, including such railways designated as tramways, and all works and conveniences provided in connection with any of those railways, as that system is constructed, extended or altered from time to time;
“statutory undertaker” means a licence holder under Part I of the [1989 c. 29.] Electricity Act 1989, a public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986, the National Rivers Authority and a water undertaker or any of them as the case may be;
“street” has the meaning given by section 329 of the [1980 c. 66.] Highways Act 1980 and includes a bridleway, cycle track or footpath as defined in the said section 329 and any way laid out or used as a cycleway;
“tramway” means a railway, or any part of a railway, authorised by the Midland Metro Acts 1989 to 1992 and therein designated as a tramway;and the following expressions have the same meanings as in the Act of 1989:—
“the Act of 1845”;
“the Act of 1965”;
“enactment”;
“the Executive”;
“land”;
“the railways board”.
(2) Unless the context otherwise requires, any reference in this Act to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Act.
(3) (a) In this Act, except as mentioned in paragraph (b) below, all distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length, and distances between points on a railway shall be taken to be measured along the railway.
(b) This subsection does not apply to distances or lengths stated in
section 8 (Power to deviate) of this Act.
(4) Any reference in this Act to rights over land includes reference to the right to do or to place and maintain anything in, on or under the land, or in the air space above its surface.
(5) Reference in this Act to access to any place includes egress from that place.
The following provisions of the Act of 1989 which incorporate or apply enactments for the purposes of that Act shall have effect as if the references in those provisions to that Act included this Act:—
section 3 (Incorporation and application of enactments relating to railways);
section 4 (Application of [1870 c. 78.] Tramways Act 1870);
section 5 (Application of provisions of [1950 c. 39.] Public Utilities Street Works Act 1950 and [1984 c. 27.] Road Traffic Regulation Act 1984); and
section 6 (Application of Part I of [1965 c. 56.] Compulsory Purchase Act 1965).
Subject to the provisions of this Act the Executive may—
(a) in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections, make and maintain the works in the Metropolitan Borough of Wolverhampton specified in Part I of Schedule 1 to this Act, with all necessary works and conveniences connected therewith; and
(b) in so far as the same are shown on the deposited plans and sections, in the lines or situations and according to the levels so shown, carry out the further works, with all necessary works and conveniences connected therewith, and exercise the further powers, in the Metropolitan Borough of Wolverhampton described in Part II of the said Schedule 1.
Subject to the provisions of this Act the Executive may—
(a) in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections, make and maintain the works in the Metropolitan Borough of Dudley specified in Part I of Schedule 2 to this Act, with all necessary works and conveniences connected therewith; and
(b) in so far as the same are shown on the deposited plans and sections, in the lines or situations and according to the levels so shown, carry out the further works, with all necessary works and conveniences connected therewith, and exercise the further powers, in the Metropolitan Borough of Dudley described in Part II of the said Schedule 2.
(1) Subject to the provisions of this Act the Executive may—
(a) in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections, make and maintain the works in the City of Birmingham specified in Part I of Schedule 3 to this Act, with all necessary works and conveniences connected therewith; and
(b) in so far as the same are shown on the deposited plans and sections, in the lines or situations and according to the levels so shown, carry out the further works, with all necessary works and conveniences connected therewith, and exercise the further powers, in the City of Birmingham described in Part II of the said Schedule 3.
(2) The Executive shall cease to have the powers to make and maintain the works, or to exercise the further powers, in the City of Birmingham specified in Part III of the said Schedule 3.
(1) Subject to the provisions of this Act the Executive may—
(a) in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections, make and maintain the works in the Metropolitan Boroughs of Dudley, Sandwell and Wolverhampton specified in Part I of Schedule 4 to this Act, with all necessary works and conveniences connected therewith; and
(b) in so far as the same are shown on the deposited plans and sections, in the lines or situations and according to the levels so shown, carry out the further works, with all necessary works and conveniences connected therewith, and exercise the further powers, in the Metropolitan Boroughs of Sandwell and Wolverhampton described in Part II of the said Schedule 4.
(2) The Executive shall cease to have the powers to make and maintain the works, or to exercise the further powers, in the Metropolitan Boroughs of Dudley and Sandwell specified in Part III of the said Schedule 4.
(3) If so required in any agreement between the railways board and the Executive, the Executive shall—
(a) construct Work No. 7 in substitution for so much of the Works Nos. 1 and 2 authorised by the No. 1 Act of 1992 as is specified in Part IV of Schedule 4 to this Act; and
(b) remove any part of the said Works Nos. 1 and 2 authorised by the No. 1 Act of 1992 then no longer required;
and thereafter the Executive shall cease to have the power to make and maintain that part of the said Works Nos. 1 and 2 authorised by theNo. 1 Act of 1992, or to exercise the further powers, in the Borough of Wolverhampton specified in Part IV of the said Schedule 4.
In the execution of the authorised works the Executive may, except as may be otherwise provided by this Act, deviate from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.
(1) The Executive may carry the authorised railways with a double line across and on the level of the highways specified in Schedule 5 to this Act.
(2) In the exercise of the powers of subsection (1) above, the Executive may alter or interfere with the level of any highway upon which any railway or associated work is to be laid.
(1) Before constructing any of the authorised railways the Executive shall submit to the Secretary of State for his approval plans, sections and particulars of their proposals concerning—
(a) permanent way or track and stations;
(b) tunnels, lifts, escalators and stairways;
(c) signalling;
(d) lighting; and
(e) ventilation.
(2) Any such works shall be constructed and maintained in accordance with plans, sections and particulars approved by the Secretary of State.
(3) Section 37 of the [1989 c. 15.] Electricity Act 1989 (which requires consent for overhead electric lines) shall not apply in relation to an electric line forming part of the authorised railways.
(1) The following provisions of the Act of 1989 and the No. 1 Act of 1992 relating to works shall, subject to the modifications specified in subsection (2) below and any other necessary modifications, apply to the works authorised by this Act as they apply to the works authorised by those Acts:—
In the Act of 1989—
section 9 (Requirements applicable to tramways);
section 12 (Provision of accommodation for apparatus);
section 15 (Gauge of railways and restrictions on working);
section 17 (Transport consultative committee);
section 18 (Temporary stoppage of highways);
section 20 (Stopping up streets and footpaths in case of diversion or substitution);
section 21 (Provisions as to repair of streets, footpaths, etc.);
section 22 (Underpinning of houses near works);
section 23 (Use of sewers, etc., for removing water);
section 24 (Attachment of brackets, etc., to buildings for purposes of works); and
section 25 (Provisions as to use of electrical energy);
In the No. 1 Act of 1992—
subsection (3) of section 4 (Power to make works);
subsections (2) to (7) of section 5 (Further works and powers);
section 6 (Subsidiary works);
subsection (3) of section 8 (Level crossings); and
section 12 (Agreements with British Railways Board).
(2) For the purposes of this section—
(a) in the said section 9 of the Act of 1989, for the reference in subsection (3)(a)(ii) to section 8(4) of that Act, there shall be substituted reference to section 5(4) of the No. 1 Act of 1992 as applied in this Act;
(b) in the said section 12 of the Act of 1989, for the reference to section 11 of that Act, there shall be substituted reference to section 6 of the No. 1 Act of 1992 as applied in this Act;
(c) in the said section 18 of the Act of 1989—
(i) for the reference to streets within the meaning of that Act, there shall be substituted reference to streets within the meaning of this Act; and
(ii) for the reference to the limits of deviation and to the deposited plans within the meaning of that Act, there shall be substituted reference to the limits of deviation and the deposited plans within the meaning of this Act;
(d) in subsection (1) of the said section 23 of the Act of 1989, for the reference to the limits of deviation within the meaning of that Act, there shall be substituted reference to the limits of deviation within the meaning of this Act;
(e) in the said section 6 of the No. 1 Act of 1992, for the reference to the limits of deviation within the meaning of that Act, there shall be substituted reference to the limits of deviation within the meaning of this Act; and
(f) in subsection (3) of the said section 8 of the No. 1 Act of 1992, for the reference to subsection (1) of that section, there shall be substituted reference to subsection (1) of section 9 of this Act.
(1) Subject to the provisions of the No. 1 Act of 1992, the Executive may, for the purpose of providing access to the underground railways authorised by that Act, make and maintain permanent openings in so much of Oozells Street in the City of Birmingham as is within the limits of deviation for those works shown on the deposited plans referred to in that Act.
(2) Accordingly section 9 (Railway works in streets) of the No. 1 Act of 1992 shall have effect as if, in Part I of Schedule 4 to that Act, after the entry “Broad Street” there were inserted the entry “Oozells Street” and as if, in Part II of that Schedule, the entry “Oozells Street” were omitted.
Midland Metro (No. 2) Act 1992