The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 No. 3244 xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1
1.Citation and commencement
2.Interpretation
3.Application of enactments relating to railways
4.Application of the 1991 Act
PART 2
Principal powers
5.Power to construct and maintain works
6.Power to deviate
Streets
7.Power to alter layout, etc., of streets
8.Power to keep apparatus in streets
9.Power to execute street works
10.Construction of new and stopping up of existing streets
11.Temporary stopping up of streets
12.Access to works
13.Construction and maintenance of new, altered or diverted streets
14.Agreements with street authorities
15.Guided busway highway crossings
Supplemental powers
16.Temporary closure of and works in waterways
17.Discharge of water
18.Safeguarding works to buildings
19.Planning permission
20.Power to survey and investigate land, etc.
21.Mode of construction and operation of the harbour railway system
22.Obstruction of construction of authorised works
PART 3
Powers of acquisition
23.Power to acquire land
24.Application of Part 1 of the 1965 Act
25.Application of the Compulsory Purchase (Vesting Declarations) Act 1981
26.Power to acquire new rights
27.Rights under or over streets
Temporary possession of land
28.Temporary use of land for construction of works
29.Temporary use of land for maintenance of works
Compensation
30.Disregard of certain interests and improvements
31.Set-off for enhancement in value of retained land
Supplementary
32.Acquisition of part of certain properties
33.Extinguishment or suspension of private rights of way
34.Open space
35.Time limit for exercise of powers of acquisition
PART 4
36.Power to operate and use transport systems
37.Power to charge fares
38.Removal of obstructions
39.Traffic signs
40.Traffic regulation
41.Power to lop trees overhanging transport systems
42.Trespass on the transport systems
43.Power to make byelaws
44.Power to contract for police services
45.Powers of disposal, agreements for operation, etc.
46.Application of landlord and tenant law
47.Registration of busway services and substitute road services
PART 5
48.Interpretation of Part 5
49.Operation of Part 5
50.Penalty fares
51.Amount of penalty fare
52.Document to be issued in connection with penalty fare requirement
53.Notice of penalty fare provisions
54.Supplementary provisions
55.Exclusion of double liability
PART 6
56.Statutory undertakers, etc.
57.Minerals
58.Saving for highway authorities
59.For protection of electricity, gas, water and sewerage undertakers
60.For protection of railway interests
PART 7
61.Application of enactments
62.Disclosure of confidential information
63.Defence to proceedings in respect of statutory nuisance
64.Certification of plans, etc.
65.Service of notices
66.No double recovery
67.Arbitration
Signature
SCHEDULES
SCHEDULE 1
SCHEDULED WORKS
SCHEDULE 2
ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED
SCHEDULE 3
STREETS SUBJECT TO ALTERATION OF LAYOUT
PART 1 HIGHWAYS SUBJECT TO ALTERATION OF LAYOUT
PART 2 FOOTPATH SUBJECT TO ALTERATION OF LAYOUT
SCHEDULE 4
STREETS TO BE STOPPED UP AND THE PROVISION OF SUBSTITUTES
PART 1 FOOTPATHS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
PART 2 FOOTPATH FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
PART 3 NEW FOOTPATHS
SCHEDULE 5
STREETS TO BE TEMPORARILY STOPPED UP
PART 1 HIGHWAYS TO BE TEMPORARILY STOPPED UP
PART 2 FOOTPATHS TO BE TEMPORARILY STOPPED UP
SCHEDULE 6
MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
Compensation enactments
1.The enactments for the time being in force with respect...
2.(1) Without limitation on the scope of paragraph 1, the...
Adaptation of the 1965 Act
3.(1) The 1965 Act has effect with the modifications necessary...
4.For section 7 of the 1965 Act (measure of compensation...
5.For section 8 of the 1965 Act (other provisions as...
6.The following provisions of the 1965 Act (which state the...
7.Section 11 of the 1965 Act (powers of entry) is...
8.Section 20 of the 1965 Act (protection for interests of...
9.Section 22 of the 1965 Act (interests omitted from purchase)...
SCHEDULE 7
LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 8
TRAFFIC REGULATION
PART 1 STOPPING, WAITING, LOADING OR UNLOADING
PART 2 VEHICULAR ACCESS
PART 3 BUS AND CYCLE LANES
SCHEDULE 9
PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
Apparatus of statutory undertakers, etc., on land acquired
1.(1) Subject to the following provisions of this paragraph, sections...
Apparatus of statutory undertakers, etc., in stopped up streets
2.(1) Where a street is stopped up under article 10...
Railway, navigation and tramway undertakings
3.(1) Subject to the following provisions of this paragraph, the...
SCHEDULE 10
FOR PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
Interpretation
1.In this Schedule— “apparatus” means— in the case of a...
Application of Schedule 9
2.Paragraphs 1(1) and 2 of Schedule 9 (provisions relating to...
Apparatus in stopped up streets
3.Where any street is stopped up under article 10 (construction...
4.The promoter must give not less than 28 days’ notice...
On-street apparatus
5.This Schedule does not apply to anything done or proposed...
Acquisition of land
6.The promoter must not acquire any apparatus from a specified...
7.The promoter may in exercise of the powers conferred by...
Removal of apparatus
8.Paragraphs 9 to 12 apply where— (a) the promoter requires...
9.The promoter must, if it is practicable to do so,...
10.The obligation imposed upon the specified undertaker by paragraph 9...
11.Any alternative apparatus to be constructed by the specified undertaker...
12.The specified undertaker, after the manner of construction and the...
Removal of apparatus and construction of alternative apparatus by the promoter
13.Paragraphs 14 to 16 apply to so much of the...
14.If the promoter gives notice in writing to the specified...
15.In carrying out any work under paragraph 14 the promoter...
16.Nothing in paragraph 14 authorises the promoter to carry out...
Facilities and rights for alternative apparatus
17.Where, in accordance with the provisions of this Schedule, the...
18.In determining the terms and conditions mentioned in paragraph 17...
19.If the facilities and rights to be afforded by the...
Retained apparatus: protection and plan approval
20.Not less than 56 days before commencing to construct or...
21.In relation to a work which is a specified work...
22.The promoter must not commence the construction or renewal of...
23.Any approval of the specified undertaker required under paragraph 22—...
24.In relation to a work to which paragraph 21 applies,...
25.A specified work is to be constructed (and in the...
26.If within 42 days after the submission to it of...
27.Nothing in paragraph 20 or 26 precludes the promoter from...
28.The promoter is not required to comply with paragraph 20...
29.Nothing in paragraph 28 entitles the promoter to carry out...
Co-operation
30.Where in consequence of the proposed construction of any of...
Access
31.If in consequence of the exercise of the powers conferred...
Expenses
32.Subject to the provisions of the following paragraphs of this...
33.The value of any apparatus removed under the provisions of...
34.If in accordance with the provisions of this Schedule—
35.For the purposes of paragraph 34— (a) an extension of...
36.An amount which apart from this paragraph would be payable...
37.In any case where work is carried out by the...
Indemnity
38.If, by reason or in consequence of the construction, maintenance...
39.Nothing in paragraph 38 imposes any liability on the promoter...
40.The specified undertaker must give to the promoter reasonable notice...
Exercise of safeguarding and survey powers
41.The promoter, so far as is reasonably practicable, must exercise...
42.The promoter must not, in the exercise of the powers...
Arbitration
43.Any difference arising between the promoter and a specified undertaker...
Transfer of functions
44.The promoter must give notice to every specified undertaker if...
45.The obligation to give notice under paragraph 44 to a...
Notices
46.Any notice in writing to be given by the promoter...
SCHEDULE 11
FOR PROTECTION OF RAILWAY INTERESTS
1.The following provisions of this Schedule have effect, unless otherwise...
2.In this Schedule— “construction” includes execution, placing, alteration and reconstruction...
3.(1) Where under this Schedule Network Rail is required to...
4.(1) The promoter must not exercise the powers conferred by...
5.(1) The promoter must before commencing construction of any specified...
6.(1) Any specified work and any protective works to be...
7.The promoter must— (a) at all times afford reasonable facilities...
8.Network Rail must at all times afford reasonable facilities to...
9.(1) If any permanent or temporary alterations or additions to...
10.The promoter must repay to Network Rail all reasonable fees,...
11.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...
12.If at any time after the completion of a specified...
13.The promoter must not provide any illumination or illuminated sign...
14.Any additional expenses which Network Rail may reasonably incur in...
15.(1) The promoter must pay to Network Rail all reasonable...
16.Network Rail must, on receipt of a request from the...
17.In the assessment of any sums payable to Network Rail...
18.The promoter and Network Rail may, subject in the case...
19.Nothing in this Order, or in any enactment incorporated with...
20.The promoter must no later than 28 days from the...
Explanatory Note