Edinburgh Tram (Line One) Act 2006

1 Power to construct works

(1) The authorised undertaker may construct and maintain the scheduled works or any part of them, as specified in schedule 1.

(2) Subject to section 2 (Power to deviate), the scheduled works may only be constructed in the lines or situations shown on the Parliamentary plans and in accordance with the levels shown on the Parliamentary sections.

(3) Subject to subsection (7), the authorised undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the scheduled works, namely—

(a) stopping places;

(b) works required for, or in connection with, the control of any vehicular and pedestrian traffic on the authorised tramway;

(c) works required for the strengthening, improvement, repair or reconstruction of any road;

(d) works for the strengthening, alteration or demolition of any building or structure;

(e) works to alter the position of any road furniture or apparatus, including mains, sewers, drains and cables and lights;

(f) works to alter the course of, or otherwise interfere with, rivers, streams or watercourses;

(g) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and

(h) facilities and works for the benefit or protection of land or premises affected by the authorised works.

(4) Subject to subsection (7), the authorised undertaker may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.

(5) The authorised undertaker may remove any works constructed by it pursuant to this Act which have been constructed as temporary works or which it no longer requires.

(6) Where the authorised undertaker lays down conduits for the accommodation of cables or other apparatus for the purposes of the authorised works or associated traffic control, it 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 it and such other person.

(7) Subsections (3) and (4) shall only authorise the carrying out or maintenance of works—

(a) within the limits of deviation shown on the Parliamentary plans for the scheduled works; or

(b) on land specified in columns (1) and (2) of schedule 6 for the purpose specified in relation to that land in column (3) of that schedule (being land shown on the Parliamentary plans as lying within the limits of land to be acquired or used).