Part I Preliminary

1 Short title

This Act may be cited as the Greater Nottingham Light Rapid Transit Act 1994.

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—

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

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

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

• “the Act of 1993” means the [1993 c. 43.] Railways Act 1993;

• “the authorised railways” means the railways authorised by this Act, including, where the context so admits, any railway adapted for use as part of the LRT system under section 17 (Agreements with British Railways Board) of this Act;

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

• “the City” means the City of Nottingham;

• “the City Council” means the Nottingham City Council;

• “the County Council” means Nottinghamshire County 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;

• “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” mean the limits so 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 LRT system” means the light rail transit 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;

• “the railways board” means the British Railways Board or, as the case may require, any person who pursuant to the Act of 1993 succeeds (whether before or after the date of this Act) to any functions of the British Railways Board, or any other person who derives title to any property from the British Railways Board or such successor and holds that property for railway purposes;

• “the rivers authority” means the National Rivers Authority;

• “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, a sewerage undertaker or a water undertaker;

• “street” has the meaning given by section 329 of the [1980 c. 66.] Highways Act 1980 and in sections 19 to 22 of this Act includes a bridleway, cycle track or footpath as defined in the said section 329;

• “telecommunication system” has the meaning given by section 4 of the [1984 c. 12.] Telecommunications Act 1984;

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

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

• “tramway” means any railway, or any part of a railway, authorised by this Act and thereby designated as a tramway;

• “the tribunal” means the Lands Tribunal;

• “the undertakers” means the County Council and the City Council or either of them.

(2) In the case of any street 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 street, where there is no kerb, shall be taken to be the edge of the part of the street on which the passage of vehicles is permitted.

(3) 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.

(4) References in this Act to points identified by letters, with or without numbers, shall be construed as references to the points so marked on the deposited plans.

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 13 (Power to deviate);

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

paragraph (7) of section 45 (For protection of certain statutory undertakers).

(6) 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.

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

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, 47 to 62, 94, 95 and 115 to 124); 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 undertakers; and

(b) sections 18 and 21 of the Act of 1845 shall not extend to regulate the relations between the undertakers 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 45 (For protection of certain statutory undertakers)

of this Act;

(c) the reference in section 34 of the Act of 1845 to notice under section 33 of that Act shall include a notice under section 34 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) Notwithstanding anything in section 46 of the Act of 1845, as incorporated by subsection (1) above, or in any other enactment, the undertakers may carry any of the authorised railways, not being designated as a tramway, across and on the level of any footpath without obtaining the consent of two or more justices.

(4) The following enactments shall not apply to the LRT 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 [1868 c. 119.] Regulation of Railways Act 1868, section 22;

in the [1889 c. 57.] Regulation of Railways Act 1889, sections 1 to 4 and 8;

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 undertakers were the highway authority.

(2) Part III of the Act of 1991 shall not extend to regulate the relations between the undertakers and a highway authority in respect of any matter or thing concerning which those relations are regulated by section 39 (As to highways, traffic, etc.) of this Act.

(3) Section 45 (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 tramcars used on tramways forming part of the LRT system.

(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 undertakers 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 undertakers may, 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 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 13 (Power to deviate) of this Act, the undertakers may, subject to the approval of the Secretary of State, construct the whole or part of so much of Work No. 9 as is to be situated to the west of Bagnall Road within the limits of deviation in accordance with dimensions and descriptions other than the dimensions and descriptions shown on the deposited plans and the deposited sections or specified in Part I of Schedule 1 to this Act.

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 undertakers may exercise the powers, and make and maintain 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 street, the undertakers may, with the consent of the highway authority—

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

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

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

(3) Where the carriageway, or part of the carriageway, of any street in which a tramway is laid is of sufficient width to provide not less than 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 undertakers 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.

Subject to the provisions of this Act, the undertakers 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 street 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 LRT 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 street 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 undertakers, necessary or expedient temporarily to remove or discontinue the use of that tramway, or any part thereof, the undertakers 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 undertakers 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.

(6) 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 undertakers shall not be required to fence that part of that railway.

8 Provisions as to tramways

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

(a) except as provided in section 7 (3) of this Act, the uppermost surface of the rails is level with the surrounding surfaces of the street in which they are laid; and

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

On completion of any tramway the undertakers 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 street in such manner that—

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

(ii) the level of the width of the carriageway occupied by the tramway path is altered as provided in section 7 (3) of this Act;works for the purpose, or having the effect, of altering the level of the part of the street in which the tramway is situated shall not be carried out without the consent of the undertakers.

(b) Consent under paragraph (a) above may be given subject to such reasonable terms and conditions as the undertakers 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 undertakers may, in the construction of the railways authorised by this Act, carry the same with a double line across and on the level of the streets, footpaths, cycleways and other ways specified in Schedule 2 to this Act.

(2) In the exercise of the powers of subsection (1) above, the undertakers may alter or interfere with the level of any footway or cycleway upon which any railway or associated work is to be laid.

10 Subsidiary works

(1) Subject to the provisions of this Act the undertakers may, for the purposes of the LRT 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, platforms, islands, gates, junctions, points, turntables, turnouts, crossings, temporary or permanent cross-overs, passing places, pillars, posts, poles, brackets, wires, subways, manholes, shafts, engines, dynamos, substations, transformers, switchgear, cabling, signalling, monitoring and communications equipment, together with subsidiary and incidental machinery, apparatus, works and appliances;

(b) in, or under any street in which it may be necessary or convenient, or in other land over which the undertakers 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 the authorised railways and associated works with any electricity generating station or substations or for the purposes of signalling, monitoring and communication in connection with the LRT 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 undertakers 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 undertakers 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 Act of 1991) pay compensation to be determined, in case of dispute, in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.

11 Footpaths and cycleways at Cinderhill

Notwithstanding anything shown on the deposited plans and sections the undertakers, if they proceed with the construction of Work No. 9—

(a) shall not stop up and discontinue so much of the footpath and cycleway at Cinderhill in the City as is between the points marked H1 and H2 on the deposited plans, but shall lower the surface thereof between those points to such extent as will enable pedestrians and cyclists to use the said footpath and cycleway where it is crossed by the bridge over the river Leen comprised in Work No. 9;

(b) shall lay out the new footpath and cycleway authorised by section 7 (Further works and powers) of, and paragraph (33) of Part II of Schedule 1 to, this Act with convenient ramps for use by pedestrians and cyclists.

12 Provision of accommodation for apparatus

Where the undertakers lay down conduits for the accommodation of cables or other apparatus for the purposes of the LRT system or associated traffic control under section 10 above, they may, in pursuance of those powers, 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 undertakers and such other person.

13 Power to deviate

In the execution of the authorised works the undertakers 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.

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

(1) Before constructing any of the authorised railways the undertakers shall submit to the Secretary of State for his approval plans, sections and particulars of their proposals concerning—

(a) permanent way, track or stations;

(b) signalling; and

(c) 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 LRT system shall be used for, or in connection with, the conveyance of passengers without the written permission of the Secretary of State and the undertakers 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 LRT system.

(3) If, without reasonable excuse, the undertakers contravene the provisions of subsection (2) above they shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) 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 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 undertakers shall, in accordance with section 8 (2) of this Act, erect 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 71 (Powers of disposal, agreements for operation, etc.) of this Act, the undertakers 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 undertakers 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 such 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 (3) of this Act.

17 Agreements with British Railways Board

(1) The undertakers and the railways board may enter into, and carry into effect, agreements for the transfer to, and vesting in, the undertakers 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, and vesting in, the undertakers of any existing railway of the railways board under subsection (1) above, or the undertakers otherwise acquire any such existing railway or sufficient rights therein, the undertakers may adapt for use, maintain, use and work that railway as part of the LRT 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 LRT system.

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

(4) 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) and of sections 37 to 50 of, and Schedule 5 to, the Act of 1993 (closure of railway passenger services, passenger networks, etc.) 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 LRT system.

18 Temporary stoppage of highways

(1) During and for the purpose of the execution of the authorised works, the undertakers may temporarily stop up and interfere with the whole or any part of any street 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 street, from passing along and using the same.

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

19 Stopping-up streets and footpaths without providing substitute

(1) After the stopping up of any part of any street under this Act, other than under section 18 (Temporary stoppage of highways) of this Act, without the provision of a substitute, all rights of way over or along the street, or portion thereof, authorised to be stopped up shall be extinguished and the undertakers 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 street or portion thereof, so stopped up.

(2) Any person who suffers loss by the extinguishment of any private right under this section shall be entitled to be paid by the undertakers compensation to be determined in case of dispute by the tribunal.

20 Stopping-up streets and footpaths 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 street, either by way of diversion of, or in substitution for, an existing street and the stopping-up of the existing street or portion thereof, the stopping-up shall not, in either case, take place until the highway authority are satisfied that the new street has been completed in accordance with their reasonable requirements and is open for public use or, in the case of any difference between the undertakers 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 street has been completed accordingly.

(2) Before referring the matter to arbitration under this section the undertakers 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 street 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 street, or portion thereof, authorised to be diverted or stopped-up shall be extinguished, and the undertakers 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 street, or portion thereof, diverted or stopped-up so far as the same is bounded on both sides by lands in the possession of the undertakers.

(4) Any person who suffers loss by the extinguishment of any private right under subsection (3) of this section shall be entitled to be paid by the undertakers compensation to be determined in case of dispute by the tribunal.

21 Provisions as to repair of streets, footpaths, etc

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

22 Underpinning of houses near works

The undertakers 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 undertakers 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 traffic 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 undertakers 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 [1961 c. 33.] Land Compensation Act 1961.

23 Use of sewers, etc., for removing water

(1) The undertakers 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 undertakers 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 waters within the meaning given by 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 undertakers shall not damage or interfere with the bed of any watercourse forming part of a main river of the rivers authority or the banks thereof within the meaning of section 72 of the [1991 c. 59.] Land Drainage Act 1991.

(4) The undertakers 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 undertakers and the rivers authority, sewerage undertaker or local authority, as the case may be, under this section shall be determined by arbitration.

(6) In this section “the relevant authority” means the City Council or any sewerage undertaker.

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

(1) The undertakers may affix brackets, cables, wires and other apparatus required in connection with the LRT 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 undertakers.

(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 undertakers before the expiration of the period of 56 days beginning on the date on which the undertakers 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.

25 Provisions as to use of electrical energy

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

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

(2) The undertakers shall take all reasonable precautions in designing, constructing, placing and maintaining their electric lines and circuits and other works of all descriptions and also in working the LRT system so as to minimise the discharge of electrical currents into the ground and not—

(a) injuriously to affect by fusion or electrolytic action any electric lines or any gas or water pipes, or other metallic pipes, structures or substances; or

(b) injuriously to interfere with, or with the working of—

(i) any wire, line or apparatus from time to time used for the purpose of transmitting electrical energy or of any telecommunication system; or

(ii) 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 LRT system, and the design, voltage, testing and working of the overhead equipment and return circuits of the LRT 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, whether such apparatus does or does not use the earth as a return.

(b) Before making regulations under this section the Secretary of State shall consult the undertakers and the statutory undertakers.

(4) The undertakers 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 undertakers, 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 undertakers 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

26 Power to acquire lands

Subject to the provisions of this Act, the undertakers may enter upon, take and use—

(a) so much of the land delineated on the deposited plans and described in the deposited book of reference as they may require for the purposes of the authorised works or for any purpose connected with, or ancillary to, their undertaking including (without prejudice to the generality of the foregoing) the provision of parking facilities for road vehicles and means of access thereto; and

(b) so much of any land specified in columns (2) and (3) of Schedule 4 to this Act shown on the deposited plans within the limits delineated by the line marked “limit 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.

27 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 undertakers which, being within the limits of deviation or the limits delineated on the deposited plans by the line marked “limit of land to be acquired or used”, is required for the purposes of this Act shall be extinguished on the appropriation of the land for any of those purposes by the undertakers.

(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.

28 Power to acquire new rights

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

(2) The undertakers may, for the purposes of constructing, maintaining, protecting, renewing and using 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 5 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.

29 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 undertakers 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 shall, unless the undertakers 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 a 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 undertakers are authorised to acquire compulsorily under this Act.

(6) If the undertakers 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 undertakers are authorised to acquire compulsorily under this Act.

(7) In any case where, by virtue of a determination by the tribunal under subsection (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 undertakers 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 undertakers 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.

30 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.

31 Set-off for enhancement in value of retained land

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

(2) In assessing the compensation payable to any person on the acquisition or purchase by the undertakers from him of any relevant land, the tribunal shall set off against the value of the relevant land any increase in value of any contiguous or adjacent lands belonging to the same person in the same capacity, or of the land over which new rights are acquired, 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.

32 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 undertakers 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 extend and apply to any such grant and to any such right as aforesaid.

33 Compensation in respect of depreciation in value of interest in 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.

34 Temporary possession of land

(1) In this section “the relevant land” means any of the lands in the City numbered 15, 16, 17, 18, 19, 21, 22, 107, 112, 113, 114 and 162 on the deposited plans, and any of the lands in the district of Ashfield numbered 19 on the deposited plans, shown on the deposited plans within the limits delineated by the line marked “limit of land to be acquired or used” and specified in Schedule 4 to this Act.

(2) Subject to the provisions of this section, the undertakers may take temporary possession of and use the relevant land for the provision of working sites and access for construction purposes, and for that purpose may remove any structures and vegetation on the land.

(3) Not less than 28 days before entering upon and taking temporary possession of the relevant land the undertakers shall give notice to the owners and occupiers of the land.

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

The undertakers 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 undertakers shall remove all temporary works 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 thereof.

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

(b) The undertakers 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 the relevant land.

(c) Nothing in this section shall relieve the undertakers 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 otherenactmen