Part I Preliminary

1 Short title

This Act may be cited as the Leeds Supertram Act 1993.

2 Interpretation

(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—

• “Act of 1845” means the [1845 c. 20.] Railways Clauses Consolidation Act 1845;

• “Act of 1965” means the [1965 c. 56.] Compulsory Purchase Act 1965;

• “Act of 1991” means the [1991 c. 22.] New Roads and Street Works Act 1991;

• “the acquiring authority” means—

  (a)

  in relation to the lands in the City shown numbered 32G on the deposited plans, the Council; and

  (b)

  in relation to all other lands in the City shown on the deposited plans, the Executive;

• “authorised railways” means the railways authorised by this Act;

• “authorised works” means the works (including railways) authorised by this Act;

• “car park” means a place where vehicles of any class may wait;

• “the City” means the City of Leeds;

• “the Council” means the Leeds City Council;

• “enactment” means any enactment, whether public general or local, and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;

• “the Executive” means the West Yorkshire Passenger Transport Executive;

• “existing” means existing at the commencement of this Act;

• “land” includes land covered by water, any interest in land and any easement or right in, to or over land;

• “the limits of deviation” means the limits so shown on the deposited plans and, where, in the case of a work in any road, no such limits are shown for that work, the boundaries of the road (including any verge or roadside waste adjoining it);

• “railway” includes such guided transport modes as may be authorised under section 17 of this Act;

• “the railways board” means the British Railways Board;

• “road” means any highway or other road to which the public has access and in sections 9, 18, 19 and 40 of this Act includes a bridleway, cycle track or footpath as defined in section 329 of the [1980 c. 66.] Highways Act 1980;

• “statutory undertakers” means any of the following, namely, a licence holder within the meaning of 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 and a water undertaker within the meaning of the [1991 c. 56.] Water Industry Act 1991;

• “traffic sign” has the meaning given by section 64 of the [1984 c. 27.] Road Traffic Regulation Act 1984;

• “tram” means a vehicle (whether or not used for the carriage of passengers) carried on flanged wheels on any railway forming part of the tramway system;

• “tramway” means any railway, or any part of a railway, authorised by this Act which, being situated in the carriageway of a road or in a reserved area between dual carriageways, is thereby designated as a tramway;

• “the tramway system” means the light rail or supertram system comprising the authorised railways, 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; and

• “the tribunal” means the Lands Tribunal.

(2) In the case of any road in relation to which an order made under section 249 (2) of the [1990 c. 8.] Town and Country Planning Act 1990 (a pedestrian planning order) is in force, the kerbline of the road, where there is no kerb, shall be taken to be the edge of the part of the road on which the passage of vehicles is permitted.

(3) 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.

(4) References in this Act to access to any place include egress from that place.

(5) 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.

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 the following provisions of this Act:—

section 12 (Power to deviate);

subsections (1) and (5) of section 15 (Gauge of railways and restrictions on working); and

paragraph (7) of section 41 (For protection of certain statutory undertakers).

3 Incorporation and application of enactments relating to railways

(1) The following enactments, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Act, are incorporated with and form part of this Act, and this Act shall be deemed to be the special Act for the purposes of those enactments:—

the Act of 1845 (except sections 7 to 9, 11 to 15, 17, 19, 20, 22, 23, 46 to 62, 86, 94, 95 and 115 to 124 thereof); and

section 4 of the [1863 c. 92.] Railways Clauses Act 1863.

(2) In the enactments incorporated by subsection (1) above—

(a) the expression “the company” means the Executive;

(b) sections 18 and 21 of the Act of 1845 shall not extend to regulate the relations between the Executive and any other person in respect of any matter or thing concerning which those relations are regulated in any respect by—

(i) Part III of the Act of 1991; or

(ii) section 41 (For protection of certain statutory undertakers)

of this Act;

(c) the reference in section 34 of the Act of 1845 to a notice under section 33 of that Act shall include notice under section 33 (4) of this Act; and

(d) in section 4 of the said Act of 1863, the words “and subject to the limitations contained in sections eleven, twelve and fifteen of those Acts respectively”, and the proviso, shall be omitted.

(3) The following enactments shall not apply to the tramway system:—

the [1839 c. 45.] Highway (Railway Crossings) Act 1839;

in the [1842 c. 55.] Railway Regulation Act 1842, sections 9 and 10;

in the [1889 c. 57.] Regulation of Railways Act 1889, sections 1 to 4 and 6;

in the [1933 c. 53.] Road and Rail Traffic Act 1933, section 42.

4 Application of Street Works Acts and Road Traffic Regulation Act 1984

(1) In relation to so much of the authorised works as would, if executed by the highway authority, be works for road purposes or major highway works within the meanings given by section 86 of the Act of 1991, Part III of that Act shall have effect as if the Executive were the highway authority.

(2) Part III of the Act of 1991 shall not extend to regulate the relations between the Executive and a highway authority in respect of any matter or thing concerning which those relations are regulated by section 38 (As to highways, traffic, etc.) of this Act.

(3) Section 41 (17) (b) (betterment arising on provision of alternative apparatus for statutory undertakers) of this Act shall have effect notwithstanding the repeal by the Act of 1991 of the [1950 c. 39.] Public Utilities Street Works Act 1950.

(4) Section 14 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (temporary restriction or prohibition of the use of roads by vehicles in certain circumstances) shall apply to trams.

(5) Section 65 (1) of the Road Traffic Regulation Act 1984 (placing of traffic signs by highway authorities) shall have effect with respect to the erection and display of any traffic sign by the Executive as if it were a traffic sign erected and displayed by the traffic authority.

5 Application of Part I of Compulsory Purchase Act 1965

(1) Part I of the Act of 1965 (except section 4 and paragraph 3 (3) of Schedule 3), in so far as it is applicable for the purposes and is not inconsistent with the provisions of this Act, shall apply to the compulsory acquisition of land under this Act as it applies to a compulsory purchase to which Part II of the [1981 c. 67.] Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under the said Act of 1981.

(2) Section 11 (1) of the Act of 1965 (which relates to notice of entry) as so applied shall have effect as if for the word “fourteen” there were substituted, in respect of the lands over which rights only are required, the word “twenty-eight” and, in the case of any other lands, the word “ninety-one”.

(3) the [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under this Act.

Part II Works

6 Power to make works

(1) Subject to the provisions of this Act, the Executive may, in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections, make and maintain in the City the works specified in Part I of Schedule 1 to this Act, with all necessary works and conveniences connected therewith.

(2) Notwithstanding anything in this Act or shown on the deposited plans or the deposited sections, but without prejudice to the provisions of section 12 (Power to deviate) of this Act, the Executive may, with the consent of the Secretary of State, construct the whole or part of Works Nos. 2, 2A, 2B, 3, 3C, 9, 9A and 9B within the limits of deviation therefor in accordance with the dimensions and descriptions specified in the consent, instead of the dimensions and descriptions shown on the deposited plans and the deposited sections or specified in Part I of Schedule 1 to this Act, and, if so specified in such consent, the whole or part of the said Works Nos. 2, 3 and 9, as so specified, may be treated as if it were designated by this Act as a tramway.

7 Further works and powers

(1) Subject to the provisions of this Act (and, 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), the Executive may exercise the powers, and make and maintain in the City the further works described in Part II of Schedule 1 to this Act, with all necessary works and conveniences connected therewith.

(2) Without prejudice to the specific powers conferred by subsection (1) above, for the purposes of constructing or maintaining the authorised railways in or adjoining any road, the Executive may, with the consent of the highway authority—

(a) increase the width of the carriageway of the road by reducing the width of any footway, cycle track or verge or other land within the boundary of the road;

(b) alter or interfere with the level of any kerb, footway, cycle track, verge or other land within the boundary of the road; or

(c) at any place on a tramway reduce the width of the carriageway of the road by forming a reserved area in the road or by setting forward the kerbline of the road and providing access for vehicles to adjoining premises and a footway on the side of that kerbline nearest to those premises.

(3) No footway shall, under subsection (2) above, be reduced to a width less than 1·80 metres (5 feet 11 inches).

(4) Where the carriageway, or part of the carriageway, of any road in which a tramway is laid is of sufficient width to provide not less than 3·3 metres of width for vehicular traffic clear of the tramway path (as determined in accordance with the clearance required by the Secretary of State), the Executive may, with the consent of the highway authority, carry out such works as may be required to deter, but not prevent, the passage of vehicular traffic along the tramway, whether by raising or lowering the level of the part of the carriageway occupied by the tramway path above or below the level of the adjoining carriageway or by placing a kerb or other obstruction along the edge of that adjoining carriageway.

(5) In the case of any length of tramway which is situated clear of the carriageway of any road, the Executive may, with the consent of the highway authority, lay and maintain the tramway in such manner that the uppermost surface of the rails is not on a level with the surface of the ground in which it is laid.

Subject to the provisions of this Act, the Executive may—

(i) lay down double lines in lieu of single lines or single lines in lieu of double lines or interlacing lines in lieu of double or single lines on any of the tramways, either when constructing it or at any time thereafter, and construct or take up and reconstruct any such tramway or associated work in such position in the road or land in which it is authorised to be constructed as they think fit; and

(ii) make, maintain, alter and remove such crossings, passing places, sidings, junctions and other works, in addition to those specified in and authorised by this Act, as they find necessary or convenient for the efficient working of the tramway system, for the purposes of the control of traffic or for providing access to any premises.

(b) The powers of paragraph (a) above shall not be exercised in any road which is a highway without the consent of the highway authority.

When, by reason of the carrying out of any work affecting any road along or across which any tramway is laid, it is, in the opinion of the Executive, necessary or expedient temporarily to remove or discontinue the use of that tramway, or any part thereof, the Executive may, with the consent of the highway authority, construct and maintain, in the same or any adjacent road, a temporary tramway in lieu of the length of tramway so removed or discontinued.

(b) If the Executive alter the route of a tramway under paragraph (a) above, they shall, in accordance with section 8 (2) of this Act, provide traffic signs to give warning of such alteration and any associated traffic arrangements.

(8) Notwithstanding anything in section 68 of the Act of 1845, where any part of a railway is constructed on any verge or roadside waste comprised in a road, the Executive shall not be required to fence that part of that railway.

Wherever in this section the consent of the highway authority is required, that consent shall be in writing and may be given subject to such conditions as the highway authority may reasonably require, but shall not be unreasonably withheld.

(b) If, within 56 days of application for any such consent and the supply of such plans, specifications and particulars as the highway authority may reasonably require in connection with the application, the highway authority do not grant consent, with or without conditions, the consent applied for shall be deemed to have been refused.

(c) Any difference arising between the Executive and the highway authority under this subsection shall be determined by the Secretary of State.

(10) The Executive shall construct a good and sufficient fence on each side of any road bridge in respect of which widening is carried out as part of the authorised works.

8 Further provisions as to tramways

(1) The tramways shall be so laid and maintained that—

(a) except as provided in section 7 (4) and (5) of this Act, the uppermost surface of the rails is level with the surrounding surfaces of the road in which they are laid; and

(b) the distance between the sides of the widest trams when passing one another thereon shall not be less than 380 millimetres (15 inches).

On completion of any tramway the Executive shall provide traffic signs to give warning to other traffic of the presence of the tramway.

(b) Subject to any directions and any other requirements given or imposed by the Secretary of State with respect to such a traffic sign, the places at which the traffic signs are displayed shall be such as may be approved by the highway authority.

Where a tramway has been constructed in a road in such manner that—

(i) the uppermost surface of the rails is level with the surface of the road; or

(ii) the level of the width of the carriageway occupied by the tramway path is altered as provided in section 7 (4) of this Act;

works for the purpose, or having the effect, of altering the level of the part of the road in which the tramway is situated shall not be carried out without the consent of the Executive.

(b) Consent under paragraph (a) above may be given subject to such reasonable terms and conditions as the Executive may require, but shall not be unreasonably withheld, and any difference arising under this paragraph shall be determined by the Secretary of State.

9 Level crossings

(1) The Executive may, in the construction of the authorised railways, carry the same with a double line across and on the level of each of the roads specified in Schedule 2 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 footway upon which any railway or associated work is to be laid.

10 Subsidiary works

(1) The Executive may, for the purposes of the tramway system and associated traffic control—

(a) within the limits of deviation, make, lay down, place, erect, repair, alter, renew, maintain, operate and use rails, rail fixings, plates, sleepers, channels, conduits, tubes, stations, escalators, lifts, stairs, platforms, ticket machines, shelters, public conveniences, car parks, balancing reservoirs, islands, gates, junctions, points, turntables, turnouts, crossings, temporary or permanent crossovers, passing places, pillars, posts, poles, brackets, wires, subways, manholes, shafts, engines, dynamos, substations, transformers, switchgear, cabling, signs, signalling, monitoring and communications equipment, together with subsidiary and incidental machinery, apparatus, works and appliances;

(b) in, or under any road in which it may be necessary or convenient, or in other land over which the Executive have or obtain sufficient right, lay, place, erect, maintain, renew and repair electric wires, conductors, cables, brackets, posts, tubes, substations, boxes and other electrical apparatus for connecting authorised railways and associated works with any electricity generating station or substations or for the purposes of lighting, signalling, monitoring and communication in connection with the tramway system; and

(c) alter the position of mains, sewers, cables and other apparatus.

For the purposes of exercising their powers under subsection (1) above in relation to any apparatus or works, or of inspecting or removing apparatus or works, the Executive may break open any road, and any sewer, drain or tunnel in or under any road, and may remove and use the soil or other materials in or under the road.

(b) In exercising their powers under this subsection the Executive shall do as little damage as may be, and for any damage done shall (in so far as the matter of compensation is not governed by the provisions of Part III of the [1961 c. 33.] Act of 1991) pay compensation to be determined, in case of dispute, in accordance with Part I of the Land Compensation Act 1961.

11 Provision of accommodation for apparatus

Where the Executive lay down conduits for the accommodation of cables or other apparatus for the purposes of the tramway system or associated traffic control under section 10 of this Act, they may provide in, or in connection with, such conduits accommodation for the apparatus of any other person, and manholes and other facilities for access to such accommodation, and may permit the use of such conduits and facilities on such terms and conditions as may be agreed between the Executive and such other person.

12 Power to deviate

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.

13 Agreements with British Railways Board

(1) The Executive and the railways board may enter into, and carry into effect, agreements for the transfer to the Executive of any or any part of the existing railways of the railways board within or adjoining the limits of deviation of the authorised works, together with all lands and other property held in connection with that railway and all rights and obligations of the railways board in relation to that railway.

(2) Where agreement is made for the transfer to the Executive of any existing railway of the railways board under subsection (1) above, or the Executive otherwise acquire any such existing railway or sufficient rights therein, the Executive may adapt for use, maintain, use and work that railway as part of the tramway system in accordance with the provisions of the Act of 1845 and the [1863 c. 92.] Railways Clauses Act 1863 incorporated with this Act and the provisions of the Railway Regulation Acts 1840 to 1889 applicable to the tramway system.

(3) Any enactment by which any such existing railway was authorised shall have effect subject to the provisions of this Act.

Until the coming into force of an order under the [1983 c. 16.] Level Crossings Act 1983 providing for the protection of those using a level crossing on an existing railway which is to be transferred to the Executive by agreement under subsection (1) above, any enactment which makes provision for such protection, and which applied to the level crossing immediately before the date of such transfer, shall continue to apply to it thereafter, whether or not the enactment is disapplied, or excepted from application, by section 3 of this Act.

(b) In paragraph (a) above, “level crossing” has the same meaning as in the Level Crossings Act 1983.

(5) The provisions of sections 54 and 56 of the [1962 c. 46.] Transport Act 1962 (advance notice of discontinuance of certain services to be published and functions of transport consultative committees) shall not apply in respect of the discontinuance of any existing railway passenger services from any station or on any line or, as the case may be, the discontinuance of any railway passenger or goods services provided by the railways board, where such discontinuance is for the purposes of, or in connection with, the construction of the authorised works or the transfer of any parts of the existing railways to form part of the tramway system.

14 Plans to be approved by Secretary of State before works commenced

(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) lifts, escalators and stairways;

(c) signalling; and

(d) lighting.

(2) Any such works shall be constructed and maintained in accordance with such plans, sections and particulars approved by the Secretary of State.

15 Gauge of railways and restrictions on working

(1) The railways shall be constructed on a gauge of 1,435 millimetres (4 feet 8½ inches) and the motive power to be used shall be electrical energy or such other motive power as the Secretary of State may approve.

(2) No part of the tramway system shall be used for, or in connection with, the conveyance of passengers without the prior written permission of the Secretary of State and the Executive shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using the tramway system.

(3) The Executive shall submit for the approval of the Secretary of State details of their proposals for the trams to be used on the tramway system and the trams so used shall be constructed and maintained in accordance with particulars approved by the Secretary of State.

(4) If, without reasonable excuse, the Executive contravene the provisions of subsection (2) or (3) above they shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Without prejudice to the generality of subsection (2) above, traction cables of the overhead line equipment of any tramway, and of so much of any authorised railway as is comprised in any level crossing, shall be erected and maintained at a height agreed by the Secretary of State and, if at any place a height of less than 5·63 metres (18 feet 6 inches) above the surface of the ground is so agreed for a cable, the Executive shall, in accordance with section 8 (2) of this Act, erect and maintain such traffic signs as may be directed by the Secretary of State to give warning of the cable.

16 Operation and use of tramways

(1) Subject to subsection (3) below and to section 66 (Powers of disposal, agreements for operation, etc.) of this Act, the Executive shall, for the purpose of operating the tramways, have the exclusive right to use the rails, foundations, cables, masts, overhead wires and other apparatus provided for their operation.

(2) Any person who, without the consent of the Executive or other reasonable excuse, uses any tramway, or other apparatus mentioned in subsection (1) above, for the passage of vehicles having wheels suitable only for running on the rails of tramways shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) Nothing in this section shall restrict the exercise of any public right of way over any part of a road in which a tramway, or other apparatus mentioned in subsection (1) above, is situated except to the extent to which the exercise of that right is constrained by—

(a) the presence of the tramway or such other apparatus; or

(b) the exercise of the powers of section 7 (4) of this Act.

17 Substitution of guided transport mode

If authorised to do so by means of an order made by the Secretary of State under this section on an application made jointly by the Council and the Executive, the Executive may construct and use the authorised railways so that, instead of railways provided in accordance with the relevant enactments, they constitute a transport system using the mode of guided transport prescribed by paragraph (e) or (f) of article 2 of the [S.I. 1992/3231.] Transport and Works (Guided Transport Modes) Order 1992 (road-based with cable or rail guidance) as may be prescribed in the order made under this section.

(b) In this subsection “the relevant enactments” means the Railway Regulation Acts 1840 to 1893, the Act of 1845 and section 15 (1) of this Act.

(2) Except as may be provided in any order under subsection (1) above, the provisions of any enactment relating to railways or tramways shall, so far as they are capable of doing so, apply as if the authorised railways were constructed (or, as the case may be, were to be constructed) under this Act for a system of transport employing parallel rails providing support and guidance for vehicles carried on flanged wheels.

(3) Without prejudice to the generality of subsection (2) above, section 16 (Operation and use of tramways) of this Act shall have effect in relation to a guided transport system prescribed in an order made under this section as it has effect in relation to tramways.

(4) An order under this section shall be made by statutory instrument and may contain such incidental, consequential and supplementary provisions as the Secretary of State thinks necessary or expedient.

18 Temporary stoppage of roads

(1) During and for the purpose of the execution of the authorised works, the Executive may temporarily stop up and interfere with the whole or any part of any road to the extent of the limits of deviation, or, if different, the limits of land to be acquired or used shown on the deposited plans, and may for any reasonable time divert the traffic therefrom and prevent all persons, other than those bona fide going to or from any land, house or building abutting on the said part of the road, from passing along and using the same.

(2) The Executive shall provide reasonable access for foot passengers bona fide going to or from any such land, house or building.

19 Stopping up highways in case of diversion or substitution

(1) Except as provided in section 18 of this Act, where this Act authorises the making of a new road, either by way of diversion of, or in substitution for, an existing road which is a highway and the stopping up of such existing road or portion thereof, the stopping up of the existing road shall not, in either case, take place until the highway authority are satisfied that the new road has been completed in accordance with their reasonable requirements and is open for public use or, in the case of any difference between the Executive and the highway authority as to whether the said requirements have been complied with or as to their reasonableness, until the matter in dispute has been determined by arbitration and the new road has been completed accordingly.

(2) Before referring the matter to arbitration under this section the Executive shall give to the highway authority 7 days' notice in writing of their intention to do so.

(3) As from the completion of the new road to the satisfaction of the highway authority or, in the case of dispute, according to the decision of the arbitrator, all rights of way over or along the existing road, or portion thereof, authorised to be diverted or stopped up shall be extinguished, and the Executive may, without making any payment therefor, but subject to the provisions of the Act of 1845 incorporated with this Act with respect to mines lying under or near the railways, appropriate and use for the purposes of their undertaking the site of the road, or portion thereof, diverted or stopped.

(4) Any person who suffers loss by the extinguishment of any private right under subsection (3) above shall be entitled to be paid by the Executive compensation to be determined, in case of dispute, under and in accordance with Part I of the [1961 c. 33] Land Compensation Act 1961.

20 Provisions as to repair of highways

(1) Any highway, or portion thereof, made, diverted or altered under this Act shall, when completed, unless otherwise agreed, be maintained by and at the expense of the Executive for a period of 12 months from its completion and at the expiration of that period shall be maintained by and at the expense of the highway authority.

(2) The Executive shall not, by reason of the obligation to maintain any highway under subsection (1) above, be taken to be the street authority in relation to that highway for the purposes of Part III of the Act of 1991.

21 Underpinning of houses near works

The Executive may, at their own expense, subject as hereinafter provided, underpin or otherwise strengthen any house or building within 30 metres of any of the authorised works, and for that purpose the following provisions shall have effect:—

(a) At least 28 days' notice shall (except in case of emergency) be given to the owner, lessee and occupier of the house or building intended to be so underpinned or otherwise strengthened:

(b) Each such notice shall be served in manner prescribed by section 6 of the [1981 c. 67.] Acquisition of Land Act 1981 as if required to be served under that Act:

(c) If any owner, lessee or occupier of any such house or building shall, within 21 days after the giving of such notice, give a counter-notice in writing that he disputes the necessity of such underpinning or strengthening, the question of the necessity shall be settled by arbitration:

(d) In any case in which any house or building shall have been underpinned or strengthened under the powers of this section the Executive may, from time to time after the completion of such underpinning or strengthening, and during the execution of the authorised work in connection with which such underpinning or strengthening was done, or within five years after the opening for use of the authorised works, enter upon and survey such house or building and, after complying with the foregoing provisions of this section, do such further underpinning or strengthening as they may deem necessary or expedient:

(e) The Executive shall be liable to compensate the owner, lessee and occupier of every such house or building for any loss or damage which they may suffer by reason of the exercise of the powers of this section:

(f) Nothing in this section shall affect liability to compensate under section 6 of the Act of 1845 or section 10(2) of the Act of 1965 as incorporated or applied by this Act, or under any other enactment, except in so far as compensation is payable under paragraph (e) above:

(g) Compensation payable under this section shall be determined, in case of dispute, in accordance with Part I of the Land Compensation Act 1961.

22 Use of sewers, etc., for removing water

(1) The Executive may use for the discharge of any water pumped or found during the construction of the authorised works any available stream or watercourse, or any sewer or drain of the relevant authority, and for that purpose may lay down, take up and alter conduits, pipes and other works and may make any convenient connections with any such stream, watercourse, sewer or drain.

The Executive shall not—

(i) discharge any water into any sewer or drain vested in or under the control of the relevant authority except with the consent of that authority and subject to such terms and conditions as that authority may reasonably impose; or

(ii) make any opening into any such sewer or drain except in accordance with plans approved by, and under the superintendence (if given) of, the relevant authority.

(b) Consent to a discharge, or approval of plans submitted, under this subsection shall not be unreasonably withheld.

Section 85 of the [1991 c. 57.] Water Resources Act 1991 shall apply to, or to the consequence of, a discharge under this section into any controlled water within the meaning of section 104 of that Act as if this section were excluded from the reference to any local statutory provision mentioned in section 88 (1) (f) of that Act.

(b) In the exercise of their powers under this section the Executive shall not damage or interfere with the bed of any watercourse forming part of a main river or the banks thereof within the meaning of section 72 of the [1991 c. 59.] Land Drainage Act 1991.

(4) The Executive shall take all such steps as may be reasonably required to secure that any water discharged under this section shall be as free as may be reasonably practicable from any gravel, soil or other solid substance or matter in suspension.

(5) Any difference arising between the Executive and the National Rivers Authority or the relevant authority, as the case may be, under this section shall be determined by arbitration.

(6) In this section “the relevant authority” means the Council or any sewerage undertaker within the meaning of the [1991 c. 56.] Water Industry Act 1991.

23 Attachment of brackets, etc., to buildings for purposes of works

(1) The Executive may affix brackets, cables, wires and other apparatus required in connection with the tramway system to any building or structure, and for that purpose the provisions of subsections (2), (4) to (6), (8) and (9) of section 45 of the [1961 c. 64.] Public Health Act 1961 (affixing apparatus to buildings for street lighting) shall apply as if—

(a) the attachments therein mentioned included any such apparatus; and

(b) for the reference to the street lighting authority there were substituted reference to the Executive.

(2) For the purpose of the provisions of the said section 45 applied by subsection (1) above, consent to the affixing of attachments to a building under subsection (2) of that section shall be deemed to have been withheld if no such consent is received by the Executive before the expiration of the period of 56 days beginning on the date on which the Executive serve on the owner of the building, in accordance with section 285 of the [1936 c. 49.] Public Health Act 1936, notice of an application for such consent.

24 Provisions as to use of electrical energy

The following provisions shall apply to the use of electrical energy for the purposes of the tramway system:—

(1) The Executive shall employ either insulated returns or uninsulated metallic returns of low resistance.

(2) The Executive shall take all reasonable precautions in constructing, placing and maintaining their electric lines and circuits and other works and also in working the tramway system so as to—

(a) minimise the discharge of electrical currents into the ground; and

(b) avoid injuriously affecting by fusion or electrolytic action any electric lines or any gas or water pipes, or other metallic pipes, structures or substances, or injuriously interfering with, or with the working of, any wire, line or apparatus used for the purpose of transmitting electrical energy or of telecommunications, or the currents in any such wire, line or apparatus.

The Secretary of State may make regulations under this section for regulating the use of electrical energy for the operation of the tramway system, and the design, voltage, testing and working of the overhead line equipment and return circuits of the tramway system, including regulations—

(i) for preventing injurious affection (by the discharge of electrical currents into the ground, fusion or electrolytic action) of electric lines or gas or water pipes or other metallic pipes, structures or substances; and

(ii) for minimising, so far as is reasonably practicable, interference with, and with the working of, electric wires, lines and apparatus.

(b) Before making regulations under this section the Secretary of State shall consult the Executive and any statutory undertakers and telecommunications operators (within the meaning of the [1984 c. 12.] Telecommunications Act 1984) authorised to maintain or operate apparatus within the City.

(4) The Executive shall be deemed to take all reasonable and proper precautions against interference with, or with the working of, any wire, line or apparatus if and so long as they use, at the option of the Executive, either such insulated returns, or such uninsulated metallic returns of low resistance and such other means of preventing injurious interference with, and with the working of, the electric wires, lines and apparatus, as may be prescribed by the regulations; and in prescribing such means the Secretary of State shall have regard to the expense involved in relation to the protection afforded.

(5) The provisions of this section shall not give any right of action in respect of injurious interference with, or with the working of, any electric wire, line or apparatus, or the currents therein, unless, in the construction, erection, maintaining and working of such wire, line and apparatus, all reasonable and proper precautions, including the use of an insulated return, have been taken to minimise injurious interference therewith, and with the currents therein, by or from other electric currents.

(6) If any difference arises between the Executive and any other person with respect to anything in the foregoing provisions of this section, the difference shall, unless the parties otherwise agree, be determined by the Secretary of State, or, at his option, by an arbitrator to be appointed by him; and the costs of such determination shall be in the discretion of the Secretary of State or the arbitrator as the case may be.

(7) The power to make regulations conferred on the Secretary of State by this section shall be exercisable by statutory instrument.

(8) In this section reference to an insulated return includes reference to a return by means of a combined neutral and earth cable which is covered by an insulated sheath suitable for protection against corrosion and is approved for use below ground by the Secretary of State for the purpose of any regulations relating to the supply of electricity.

Part III Lands

25 Power to acquire lands

(1) Subject to the provisions of this Act, the Executive may enter upon, take and use—

(a) so much of the land in the City delineated on the deposited plans and described in the deposited book of reference (not being land specified in subsection (2) below) as they may require for the purposes of the authorised works or for any purpose connected with, or ancillary to, their undertaking; and

(b) so much of any land in the City specified in columns (2) and (3) of Schedule 3 to this Act shown on the deposited plans within the limits of land to be acquired or used as they may require for the purpose specified in relation to that land in column (1) of that Schedule.

(2) Subject to the provision of this Act, the Council may enter upon, take and use so much of the land in the City delineated on the deposited plans and described in the deposited book of reference and therein numbered 32G as they may require to make available to the Executive for the purpose of—

(a) the construction of so much of Works Nos. 9, 9A and 9B as is to be situated on that land and any purpose connected with, or ancillary to, that purpose; and

(b) the provision of an interchange terminus, car park and associated facilities.

26 Extinction of private rights of way

(1) All private rights of way over any land that may be acquired compulsorily under this Act shall be extinguished on the acquisition of the land, whether compulsorily or by agreement, or on entry on the land in pursuance of section 11 (1) of the Act of 1965 as applied by this Act, whichever is the sooner.

(2) All private rights of way over land owned by the acquiring authority which, being within the limits of land which may be acquired shown on the deposited plans, is required for the purposes of this Act shall be extinguished on the appropriation of the land for any of those purposes by the acquiring authority.

(3) Any person who suffers loss by the extinguishment of any right under this section shall be entitled to compensation to be determined, in case of dispute, in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

27 Power to acquire new rights

(1) In this section references to the purchase by the acquiring authority of new rights are references to the purchase of rights to be created in favour of the acquiring authority.

(2) The acquiring authority may, for the purposes of the construction, maintenance, protection, renewal and use of any of the authorised works, purchase compulsorily such new rights as they may require over any of the lands that may be acquired compulsorily under this Act instead of acquiring those lands.

(3) The Act of 1965 as applied by this Act shall have effect with the modifications necessary to make it apply to the compulsory purchase of rights under subsection (2) above as it applies to the compulsory purchase of land so that, in appropriate contexts, references in that Act to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the context.

(4) Without prejudice to the generality of subsection (3) above, in relation to the purchase of rights under subsection (2) above—

(a) Part I of the Act of 1965 shall have effect with the modifications specified in Schedule 4 to this Act; and

(b) the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.

28 Acquisition of part only of certain properties

(1) Where a copy of this section is endorsed on, or annexed to, a notice to treat served under the Act of 1965 as applied by this Act, the following provisions of this section shall apply to the land subject to the notice instead of section 8 (1) of that Act.

(2) Where the land subject to the notice is part only of a house, building or factory, or part only of land consisting of a house together with any park or garden belonging thereto, then, if the person on whom the notice is served, within 21 days after the day on which the notice is served on him, serves on the acquiring authority a counter-notice objecting to the sale of the part and stating that he is willing and able to sell the whole (hereafter in this section referred to as “the land subject to the counter-notice”), the question whether he shall be required to sell the part subject to the notice to treat shall, unless the acquiring authority agree to take the land subject to the counter-notice, be referred to the tribunal.

(3) If the said person does not serve such a counter-notice as aforesaid within 21 days after the day on which the notice to treat is served on him, or if on such reference to the tribunal the tribunal determine that the part subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, in the case of part of land consisting of a house together with a park or garden belonging thereto, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the said person shall be required to sell the part.

(4) If, on such a reference to the tribunal, the tribunal determine that part only of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the notice to treat shall be deemed to be a notice to treat for that part.

(5) If, on such a reference to the tribunal, the tribunal determine that the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice but that the material detriment is confined to a part of the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the acquiring authority are authorised to acquire compulsorily under this Act.

(6) If the acquiring authority agree to take the land subject to the counter-notice, or if the tribunal determine that—

(a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and

(b) the material detriment is not confined to a part of the land subject to the counter-notice;

the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice, whether or not the whole of that land is land which the acquiring authority are authorised to acquire compulsorily under this Act.

(7) In any case where, by virtue of a determination by the tribunal under subsections (4), (5) or (6) above, a notice to treat is deemed to be a notice to treat for part of the land specified in the notice or for more land than is specified in the notice, the acquiring authority may, within six weeks after the tribunal make their determination, withdraw the notice to treat, and if they do so shall pay to the person on whom the notice was served compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in default of agreement by the tribunal.

(8) For the purposes of subsection (7) above, the determination shall not be taken to have been made so long as—

(a) the time for requiring the tribunal to state a case with respect to the determination has not expired;

(b) any proceedings on points raised by a case stated have not been concluded; or

(c) any proceedings on appeal from any decision on points raised by a case stated have not been concluded.

(9) Where a person is required under this section to sell part only of a house, building or factory, or of land consisting of a house together with any park or garden belonging thereto, the acquiring authority shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of his interest therein.

29 Disregard of recent improvements and interests

In determining a question with respect to compensation claimed in consequence of the compulsory acquisition of land (including rights) under this Act, the tribunal shall not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land, by reason of any building erected, works executed or improvement or alteration made, whether on the land acquired, or, as the case may be, on the land over which rights are acquired, or on any other land with which the claimant is (or was) at the time of erection, executing or making of the building, works, improvement or alteration directly or indirectly concerned;

if the tribunal are satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration, as the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

30 Set-off for enhancement in value of retained land

(1) In this section “relevant land” means any land or new rights over any land purchased by the acquiring authority for the purposes of the authorised works.

(2) In assessing the compensation payable to any person on the purchase by the acquiring authority from him of any relevant land, the tribunal shall—

(a) have regard to the extent to which the remaining contiguous lands belonging to the same person may be benefited by any of the authorised works; and

(b) set off against the value of the relevant land any increase in value of the remaining contiguous lands belonging to the same person which will accrue to him by reason of the construction of any of the authorised works.

(3) the [1961 c. 33.] Land Compensation Act 1961 shall have effect subject to the provisions of this section.

31 Grant of rights by persons under disability

(1) Any person empowered by the Act of 1965 as applied by this Act to sell and convey or release lands may, if he thinks fit, subject to the provisions of the Act of 1965, grant to the acquiring authority any right required for the purposes of this Act over the lands.

(2) Nothing in this section shall be construed as empowering persons to grant any right of water in which any other person has an interest unless that other person concurs in the grant.

(3) The provisions of the Act of 1965 with respect to lands and rent-charges so far as they are applicable shall apply to any such grant and to any such right as aforesaid.

32 Compensation in case of land subject to mortgage

Where an interest in land is subject to a mortgage—

(a) any compensation which is payable under this Act in respect of the depreciation in value of that interest shall be calculated as if the interest were not subject to the mortgage;

(b) a claim for the payment of any such compensation may be made by any mortgagee of the interest under a mortgage made before the happening of the event giving rise to the compensation, but without prejudice to the making of a claim by any other person;

(c) a mortgagee shall not be entitled to claim any such compensation in respect of his interest as such; and

(d) any such compensation payable in respect of the interest subject to the mortgage shall be paid to the mortgagee or, where there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

33 Temporary possession of land

(1) In this section “the relevant land” means any of the lands in the City specified in Schedule 3 to this Act, numbered 1, 4 and 35 on the deposited plans.

(2) Subject to the provisions of this section, the Executive may enter upon and take possession temporarily of or use the relevant land for the provision of working sites, and for that purpose may remove any structures and vegetation on the land.

(3) All private rights of way over any land of which the Executive may take temporary possession under this Act shall be suspended and unenforceable against the Executive for so long as the Executive remain in lawful possession of the land.

(4) Not less than 28 days before entering upon and taking temporary possession of the relevant land the Executive shall give notice to the owners and occupiers of the land stating the purpose for which possession is required.

The Executive shall not, without the agreement of the owners and occupiers, remain in possession of any part of the relevant land under the powers of this section after a period of 18 months from the completion of the work of construction for which possession was required.

(b) Before giving up possession of the relevant land, the Executive shall remove all temporary works and structures constructed by them on the land and, subject to any agreement to the contrary with the owners and occupiers of the land, restore the relevant land to the reasonable satisfaction of the owners and occupiers.

The Executive shall not be empowered to purchase compulsorily, or be required to purchase, any land of which they take possession under this section.

(b) The Executive shall compensate the owners and occupiers of the relevant land for any loss or damage which may result to them by reason of the exercise of the powers of this section in relation to that land.

(c) Nothing in this section shall relieve the Executive from liability to compensate under section 6 or 43 of the Act of 1845 or section 10 (2) of the Act of 1965 as incorporated or applied by this Act, or under any other enactment, in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (b) above.

(7) Compensation payable under this section shall be determined, in case of dispute, in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

34 Correction of errors in deposited plans and book of reference

(1) If the deposited plans or the deposited book of reference are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the acquiring authority, after giving not less than 10 days' notice to the owner, lessee and occupier of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction thereof.

(2) If on any such application it appears to the justices that the misstatement or wrong description arose from mistake, the justices shall certify the fact accordingly and shall in their certificate state in what respect any matter is misstated or wrongly described.

(3) The certificate shall be deposited in the office of the Clerk of the Parliaments, and a copy thereof in the Private Bill Office, House of Commons, and with the proper officer of the Council, and thereupon the deposited plans and the deposited book of reference shall be deemed to be corrected according to the certificate, and it shall be lawful for the acquiring authority to take the land or, as the case may be, a right over the land and execute the works in accordance with the certificate.

(4) A person with whom