The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016

SCHEDULES

Articles 2(1) and 7

SCHEDULE 1 SCHEDULED WORKS

In the Metropolitan Borough of Trafford—

Work No. 1 — A tramroad 1,450 metres in length (double line), commencing at Pomona Metrolink Stop and running south-west and then north-west, flanking the Manchester Ship Canal, ramping down to grade on a new structure to pass under the existing Trafford Road bridges into a proposed tram stop at Wharfside. The Work continues in a north-westerly direction along the quayside of Manchester Ship Canal, and includes the modification of the existing quayside structure and provision of new buried structure to support the tramroad, before turning to head in a westerly direction into the proposed tram stop in the vicinity of the Imperial War Museum North. The Work terminates at the rear of the northern footway flanking Trafford Wharf Road after the proposed tramstop in the vicinity of the Imperial War Museum North.

Work No. 2 — A street tramway 380 metres in length (double line), commencing at the termination of Work No. 1 running north-west within the centre of the carriageway of Trafford Wharf Road before terminating at the rear of the western footway flanking Warren Bruce Road.

Work No. 3 — A tramroad 1,877 metres in length (double line and including a central siding), commencing at the termination of Work No. 2 running south along Warren Bruce Road towards Village Circle. Over this length the tracks bifurcate to create a central siding. The Work passes through the centre of Village Circle to run in a westerly direction to the north of Village Way into a proposed tram stop before crossing junctions with Third Avenue, a new private means of access and the eastbound and westbound carriageways of Village Way at its junction with Mosley Road to run on the southern side of Village Way crossing the private estate road to the Central Park Trading Estate access road and running around the southern side of the revised junction of Village Way, Park Way and Tenax Road into a proposed tram stop. The work continues in a westerly direction crossing the westbound and eastbound carriageways of Park Way before terminating at the western kerb line of Park Way.

Work No. 4 — A tramroad 1,818 metres in length (double line), commencing at the termination of Work No. 3 running south-west on the north-west side of Park Way, crossing Bridgewater Canal on a new bridge structure, before ramping down to grade to turn north-west at Barton Dock Road. The Work then runs to the north-east of Barton Dock Road in a north-westerly direction crossing Phoenix Way into the proposed stop in the vicinity of EventCity. The alignment crosses Barton Dock Road to run on the south-eastern side of the road running in a north-westerly direction before terminating at a proposed stop at the Trafford Centre.

Work No. 5 — A new highway 215 metres in length, commencing 144 metres to the north-west of the junction between Westinghouse Road, Longwood Road and Marshall Stevens Way running north-west terminating at a new junction with Park Way.

Work No. 6 — A new highway, 128 metres in length, commencing at the western kerbline of Tenax Road opposite the junction of Tenax Road and Ashbridge running north-west to form a new junction with Ashburton Road West.

Work No. 7 — A diversion of a buried oil pipeline, 482 metres in length, commencing on the north-west side of the Parkway Circle roundabout running in a south-east, south-west and south-east direction as it crosses beneath Park Way and Works Nos. 3 and 5 before running in a south-west direction along the south-eastern side of Parkway and under Bridgewater Canal before terminating on the south-western side of the canal.

Article 10

SCHEDULE 2 STREETS SUBJECT TO ALTERATION OF LAYOUT

Key to Schedule 2

RS: Realignment of street

WS: Widening of street by setting back of kerb line

NS: Narrowing of street by setting forward of kerb line

NP: Creation of new way

(1) Street subject to alteration of layout	(2) Description of alteration
In the Metropolitan Borough of Trafford
Wharf End	Realign the street between RS01 and RS02 to create a pedestrianised area.
Trafford Wharf Road	Realign the street between RS03 and RS04 to create a pedestrianised area and accommodate the proposed tram stop and the revised junction with Sir Alex Ferguson Way.
Victoria Place	Realign the street between RS05 and RS06 to accommodate the revised junction with Trafford Wharf Road, new junction with Sir Alex Ferguson Way and new private means of access between NP01 and NP02 and NP03 and NP04.
Sir Alex Ferguson Way	Realign the street between RS07 and RS08 to accommodate the revised junction with Wharfside Way and create a pedestrianised area.
Sir Alex Ferguson Way	Narrow the street between NS01 and NS02 to accommodate the revised junction with Trafford Wharf Road, new junction with Victoria Place and amended highway layout in between.
Wharfside Way	Realign the street between RS09 and RS10 to accommodate the revised junction with Sir Alex Ferguson Way.
Waterside	Create a new way between NP05 and NP06 to accommodate a new junction with Wharfside Way.
Wharfside Way	Widen the street between WS01 and WS02 to accommodate a new junction with Waterside.
Trafford Wharf Road	Widen the street between WS03 and WS04 to accommodate the tram stop (in the vicinity of Imperial War Museum North), the new tramway, revised junctions with Elevator Road and Warren Bruce Road and new private means of access between NP07 and NP08.
Elevator Road	Widen the street between WS05 and WS06 to accommodate the street tramway and revised junction with Trafford Wharf Road.
Warren Bruce Road	Narrow the street between NS03 and NS04 to accommodate the tramroad and revised junctions with Trafford Wharf Road and Trafford Park Road and Wharfside Way.
Trafford Park Road	Realign the street between RS11 and RS12 to accommodate the revised junction with Warren Bruce Road and Wharfside Way.
Wharfside Way	Realign the street between RS13 and RS14 to accommodate the revised junction with Warren Bruce Road and Trafford Park Road.
Village Way	Realign the street between RS15 and RS16 to accommodate the tram stop (Village), the tramroad and revised junctions at Village Circle, Second Avenue and Third Avenue.
Second Avenue	Realign the street between RS17 and RS18 to accommodate the revised junction with Village Way.
Third Avenue	Realign the street between RS19 and RS20 to accommodate the tramroad and remove the junction with Village Way.
Third Avenue	Widen the street between WS07 andWS08 to accommodate a new turning area.
Trafford Park Road	Create a new way between NP11 and NP12 to accommodate a new private means of access.
Village Way	Widen the street between WS09 and WS10 to accommodate the tramroad, revised junctions at Fifth Avenue, Praed Road, Mosley Road and private estate road (Central Park Trading Estate) and new private means of access between NP13 and NP14.
Fifth Avenue	Realign the street between RS21 and RS22 to accommodate the revised junction with Village Way.
Praed Road	Realign the street between RS23 and RS24 to accommodate the revised junction with Village Way.
Mosley Road	Realign the street between RS25 and RS26 to accommodate the revised junction with Village Way.
Mosley Road	Realign the street between RS27 and RS28 to accommodate the revised junction with Trafford Park Road.
Trafford Park Road	Realign the street between RS29 and RS30 to accommodate the revised junction with Mosley Road.
Private estate road (Central Park Trading Estate)	Realign the street between RS31 and RS32 to accommodate the revised junction with Village Way.
Village Way	Realign the street between RS33 and RS34 to accommodate the tramroad, new junction with Ashbridge and revised junction with Tenax Road and Park Way.
Ashbridge	Realign the street between RS37 and RS38 to accommodate the revised junction with Tenax Road.
Tenax Road	Widen the street between WS13 and WS14 to accommodate the new junction with Work No. 6, revised junction with Park Way and Village Way and new private means of access between NP17 and NP18.
Ashburton Road West	Realign the street between RS39 and RS40 to form a single carriageway over parts of the length and accommodate the revised junction with Park Way and new junction with Work No. 6.
New highway (Work No. 6)	Create a new way between NP19 and NP20 to provide a new highway linking Ashburton Road West and Tenax Road and new private means of access between NP21 and NP22.
Westinghouse Road	Realign the street between RS41 and RS42 to accommodate the new junction with Work No. 5 and Monde Trading Estate access road.
Warren Road	Realign the street between RS43 and RS44 to accommodate the revised junction with Westinghouse Road.
New highway (Work No. 5)	Create a new way between NP23 and NP24 to provide a new highway linking Westinghouse Road and Park Way.
Park Way	Realign the street between RS45 and RS46 to accommodate the tramroad, new junction with Work No. 5 and revised junction with Ashburton Road West, Tenax Road and Village Way.
Unnamed cycle track	Create a new way between NP25 and NP26 to provide a new cycle track flanking the tramroad (Work No. 4) between Park Way and Barton Dock Road.
Barton Dock Road	Widen the street between WS15 and WS16 to accommodate the tramroad and revised junctions with Mercury Way and Phoenix Way and Festival Way.
Mercury Way	Widen the highway between WS17 and WS18 to accommodate the revised junction with Barton Dock Road.
Phoenix Way	Widen the street between WS19 and WS20 to accommodate revised junction with Barton Dock Road and Festival Way.
Festival Way	Widen the street between WS21 and WS22 to accommodate revised junction with Barton Dock Road and Phoenix Way.
Barton Dock Road	Realign the street between RS47 and RS48 to accommodate the tramroad and revised junction with Phoenix Way and Festival Way.
Peel Avenue	Realign the street between RS49 and RS50 to accommodate the revised junction with Phoenix Way and Festival Way and new access to the decked car park to the intu Trafford Centre.

Article 13

SCHEDULE 3 STREETS TO BE STOPPED UP

Key to Schedule 3

SS: Stopping up of street

NP: Creation of new way

PD: Path diversion

PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Street affected	(2) Extent of stopping up	(3) New street to be substituted
In the Metropolitan Borough of Trafford
Trafford Wharf Road	Private means of access to No. 1 Trafford Wharf Road between SS03 and SS04.	New private means of access provided from Victoria Place via a new way to be opened between NP01 and NP02.
Trafford Wharf Road	Private means of access to land between No. 1 Trafford Wharf Road and the Premier Inn between SS05 and SS06.	New private means of access provided from Victoria Place via a new way to be opened between NP03 and NP04.
Trafford Wharf Road	Private means of access to Quay West between SS13 and SS14.	New private means of access provided from Trafford Wharf Road via a new way to opened between NP07 and NP08.
Village Way	Private means of access to land and works to the north of Village Way between SS15 and SS16.	New private means of access from Village Way via a new way to be opened between NP13 and NP14.
Village Way	Private means of access to land and buildings to the north of Village Way between SS17 and SS18.	New private means of access from Village Way via a new way to be opened between NP13 and NP14.
Village Way	Private means of access to land and buildings to the north of Village Way between SS19 and SS20.	New private means of access from Village Way via a new way to be opened between NP13 and NP14.
Tenax Road	Private means of access to land and buildings to the west of Tenax Road between SS23 and SS24.	New private means of access from Tenax Road via a new way to be opened between NP17 and NP18 and new Private means of access from Work No. 6 via a new way to be opened between NP21 and NP22.
Westinghouse Road	Close the highway to vehicular traffic between SS25 and SS26.	New highway linking Westinghouse Road and Park Way (Work No. 5) between NP23 and NP24.

PART 2 FOOTPATHS AND BRIDLEWAYS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Street affected	(2) Extent of stopping up	(3) New street to be substituted
In the Metropolitan Borough of Trafford
Stepped path between Pomona Strand and the path flanking the southern bank of the Manchester Ship Canal	Between SS01 and SS02	New path between PD01 PD02, PD03 and PD04.

PART 3 STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Street affected	(2) Extent of stopping up
In the Metropolitan Borough of Trafford
Trafford Wharf Road	Private means of access to Sam Platts Public House located to the north of Trafford Wharf Road between SS07 and SS08 and SS09 and SS10.
Trafford Wharf Road	Eastern private means of access to the industrial unit located to the north-east of Trafford Wharf Road between SS11 and SS12.

Article 14

SCHEDULE 4 STREETS TO BE TEMPORARILY STOPPED UP

PART 1 HIGHWAYS TO BE TEMPORARILY STOPPED UP

(1) Street affected	(2) Extent of stopping up
In the Metropolitan Borough of Trafford
Pomona Strand	At its junction with Trafford Road.
Wharf End	Between its junction with Trafford Wharf Road and Trafford Road.
Trafford Wharf Road	Between its junction with Sir Alex Ferguson Way and Trafford Road.
Victoria Place	Between its junction with Sir Alex Ferguson Way and Trafford Wharf Road.
Sir Alex Ferguson Way	Between its junction with Trafford Wharf Road and its junction with Wharfside Way.
Wharfside Way	At its junction with Sir Alex Ferguson Way.
Waterside	At its junction with Sir Alex Ferguson Way.
Wharfside Way	At a new junction to be formed with Waterside.
Waterside	At its junction with Trafford Wharf Road.
Trafford Wharf Road	Between its junction with Warren Bruce Road and its junction with Waterside.
Elevator Road	At its junction with Trafford Wharf Road.
Warren Bruce Road	Between its junction with Trafford Wharf Road and its junction with Village Circle.
Village Circle	At its junctions with Wharfside Way, Europa Way, Village Way, Trafford Park Road and Warren Bruce Road.
Village Way	Between its junction with Parkway Circle and its junction with Village Circle.
Second Avenue	At its junction with Village Way.
Third Avenue	Between its junction with Village Way and Trafford Park Road.
Fifth Avenue	At its junction with Village Way.
Praed Road	At its junction with Village Way.
Mosley Road	At its junction with Village Way.
Mosley Road	At its junction with Trafford Park Road.
Private estate road (Central Park Trading Estate)	At its junction with Village Way.
Tenax Road	Between its junction with Parkway Circle and Ashbridge.
Ashbridge	At its junction with Tenax Road.
Ashburton Road West	Between its junction with Longbridge Road and its junction with Parkway Circle.
Park Way	Between its junction with Parkway Circle and its junction with Barton Dock Road.
Westinghouse Road	Between its junction with Parkway Circle and its junction with Longwood Road.
Warren Road	At its junction with Westinghouse Road.
Barton Dock Road	Between its junction with Park Way and its junction with Bright Circle.
Mercury Way	At its junction with Barton Dock Road.
Phoenix Way	At its junction with Barton Dock Road.
Festival Way	At its junction with Barton Dock Road.
Peel Avenue	At its junction with Barton Dock Road.

PART 2 FOOTPATHS AND BRIDLEWAYS TO BE TEMPORARILY STOPPED UP

Key to Part 2 of Schedule 4

TS: Temporary stopping up of street

(1) Street affected	(2) Extent of stopping up
In the Metropolitan Borough of Trafford
Path flanking the northern bank of Bridgewater Canal	Between TS01 and TS02
Path flanking the southern bank of Manchester Ship Canal	Between TS03 and TS04
Path linking Trafford Wharf Road to the path flanking the southern bank of Manchester Ship Canal	Between TS05 and TS06
Path linking Trafford Wharf Road to the path flanking the southern bank of Manchester Ship Canal	Between TS07 and TS08
Path flanking the south-west bank of Bridgewater Canal	Between TS09 and TS10

Article 30

SCHEDULE 5 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 to compensation for the compulsory purchase of land apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(1) has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 4—

(a) for “land is acquired or taken” substitute “a right over land is purchased”; and

(b) for “acquired or taken from him” substitute “over which the right is exercisable”.

(3) For section 58(1)(2) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 (other provisions as to divided land) of the 1965 Act as substituted by paragraph 5, substitute—

“(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether—

(a) a right over land consisting of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or

(b) a right over land consisting of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,

the Upper Tribunal must take into account not only the effect of the acquisition of the right but also the use to be made of the right proposed to be acquired, and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.”

Adaptation of the 1965 Act

3.—(1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired; or

(b) the land over which the right is or is to be exercisable.

(2) Without limitation on the scope of sub-paragraph (1), Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4.  For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

“7.   In assessing the compensation to be paid by the acquiring authority under this Act regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”

5.  For section 8 (other provisions as to divided land) of the 1965 Act substitute—

“8.— (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—

(a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and

(b) before the tribunal has determined that question, the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest, and—

(i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or

(ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,

the Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016(3) (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal.

(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection affects any other power of the authority to withdraw the notice.”

6.  The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

7.  Section 11(4) (powers of entry) of the 1965 Act is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12(5) (penalty for unauthorised entry) and 13(6) (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8.  Section 20(7) (protection for interests of tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9.  Section 22 (interests omitted from purchase) of the 1965 Act is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

Articles 2(1) and 33

SCHEDULE 6 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Number of land shown on the works and land plans	(3) Purpose for which temporary possession may be taken	(4) Scheduled work
In the Metropolitan Borough of Trafford
Land at Pomona Lock, Pomona Strand	1001, 1002, 1003, 1004, 1005	Extension of Pomona Viaduct and modifications to existing Metrolink infrastructure	Work No. 1
Tow path to Bridgewater Canal	1012, 1016, 1020, 1021	Extension of Pomona Viaduct, construction of new retaining walls and earthworks and highway works	Work No. 1
Pomona Strand	1015, 1018	Extension of Pomona Viaduct, construction of new retaining walls and earthworks and highway works	Work No. 1
Land at No. 2 Trafford Wharf Road	1033	Highways works	Work No. 1
Trafford Wharf Road	1034, 2007, 2033, 2034, 2035, 2036, 2053, 3007, 3040, 3041, 3042	Highways works	Work No. 1
Land at No. 6 Trafford Wharf Road	1035, 1036	Highway works	Work No. 1
Land at No. 1 Trafford Wharf Road	2012, 2020, 2021	Stopping up of existing private means of access, provision of a new private means of access and associated accommodation works	Work No. 1
Land to the south of Trafford Wharf Road	2016, 2018	Stopping up of the private means of access and associated accommodation works	Work No. 1
Victoria Place	2017, 2019, 2022, 2027, 2032	Highway works	Work No. 1
Land to the north of Victoria Place	2028	Provision of a new private means of access and associated accommodation works	Work No.1
Sir Alex Ferguson Way	2032, 2035	Highway works	Work No. 1
Wharfside Way	2024, 2032, 2038, 2051, 2052, 2060	Highways works	Work No. 1
Samuel Platts public house, Trafford Wharf Road	2023	Demolition of buildings	Work No. 1
Manchester Ship Canal	2013, 3001	Modification of quayside structure and construction of tramroad	Work No. 1
Footpath linking Trafford Wharf Road and Manchester Ship Canal quayside	2048, 2050	Modifications to footpath	Work No. 1
Land at Joule House, No. 76 Trafford Wharf Road	2049	Modification of quayside structure, construction of tramroad and modifications to footpath	Work No. 1
Waterside	2054	Highway works	Work No. 1
Industrial premises to north-east of Trafford Wharf Road	2056, 3004, 3010	Demolition of buildings and construction compound	Work No. 1
Manchester Ship Canal quayside	2057, 3006	Modification of quayside structure and construction of tramroad	Work No. 1
Land at Quay West (frontage)	3011	Provision of a new private means of access and associated accommodation works	Works Nos. 1 and 2
Land at Imperial War Museum North	3015	Highway works, modifications to the private means of access and associated accommodation works	Work No. 2
Land at Broadway House, Trafford Wharf Road	3017	Highway works	Work No. 2
Elevator Road	3020, 3025	Highway works	Work No. 2
Land at Trafford Mills, Rank Hovis, Trafford Wharf Road	3023, 3024, 3027, 4001	Highway works, modifications to the private means of access and associated accommodation works	Work No. 2
Land to the east of Warren Bruce Road	3034, 3035, 4002, 4004	Highway works and construction compound	Work No. 3
Car parking area to the east of Warren Bruce Road	4008	Highway works	Work No. 3
Land at Warren Bruce Court including private access road	4009, 4010	Highway works	Work No. 3
Land at Village Circle (including Trafford Park Road, Warren Bruce Road, Wharfside Way, Europa Way and Village Way)	4006, 4007, 4011, 4012, 4018, 4019, 4020, 4021, 4023, 4026, 4025, 4027, 4028, 4029, 4030, 4031, 4032	Highway works	Work No. 3
Land at Viking International Limited, First Avenue	4034	Highway works	Work No. 3
Land at Unit No. 14, First Avenue	4033, 4035	Highway works	Work No. 3
Land at Ashburton House, Village Way	4040	Highway works	Work No. 3
Land at HSBC Bank, Village Way	4044	Highway works	Work No. 3
Land at Village House, Eleventh Street	4059, 4062	Highway works	Work No. 3
Village Way	4060	Highway works	Work No. 3
Second Avenue	4047, 4049, 4051, 4055	Highway works	Work No. 3
Third Avenue	4065, 4066, 4067	Highway works	Work No. 3
Trafford Park Road	4064, 4070, 9001	Highway works	Work No. 3
Land and works (CHEP UK Ltd) to the north of Village Way	4071, 4072, 4073, 4074, 4079, 4081, 4082, 5004, 5005, 5006, 5013, 5016, 5017, 5018, 5019	Modifications to private means of access and associated accommodation works	Work No. 3
Fifth Avenue	5009, 5021	Highway works	Work No. 3
Land at Volkswagen Group to the south of Village Way	5024A	Highway works	Work No. 3
Michael House, Village Way	5033	Highway and accommodation works	Work No. 3
Praed Road	5036, 5037	Highway works	Work No. 3
Land at Pisces Industrial Estate	5030, 5035, 5041	Accommodation works	Work No. 3
Mosley Road	5045, 5046, 9005	Highway works	Work No. 3
Land at Redwing Centre, Mosley Road	5039, 5040, 5043	Highway and accommodation works	Work No. 3
Land at Nos. 1 to 8 Mosley Road	9008	Highway works	Work No. 3
Hardstanding and former railway line, Mosley Road	9006, 9007	Highway works	Work No. 3
Land to the rear of Rye Motors, Trafford Park Road	9004	Highway works	Work No. 3
Land to the west of Mosley Road	5049	Highway works	Work No. 3
Premises at Central Park Trading Estate (Centre House)	5052, 5052A	Demolition of buildings and highway works	Work No. 3
Private estate road, Central Park Trading Estate	5052, 5052A, 5059A	Highway works	Work No. 3
Land at Unit No. 16, Central Park Trading Estate	5062	Highway and accommodation works	Work No. 3
Land at Unit Nos. 16–19, Nos. 24–29 and Nos. 31–33, Long Wood Road	5067	Accommodation works	Work No. 3
Ashbridge	6005, 6012	Highway works	Work No. 3
Tenax Road	6005, 6009, 6010, 6011, 6013, 6017	Highway works	Works Nos. 3 and 6
Parkway Circle	6019	Highway works	Work No. 3
Land to the west of Ashbridge	6014	Highway and accommodation works	Work No. 3
Ashburton Road West	6034, 6036, 6037, 6038	Highway works	Works Nos. 3 and 6
Land at Warehouse Unit to the north of Parkway Circle	6024, 6031	Accommodation works	Works Nos. 3 and 6
Land to the west of Tenax Road (Chemtura Manufacturing UK Limited)	6022, 6023, 6026	Highway and accommodation works	Work No. 6
Westinghouse Road	6007, 6016	Highway works	Works Nos. 3 and 5
Warren Road	6020	Highway works	Works Nos. 3 and 5
Land and premises at Unit Nos. 1 to 6 Westinghouse Point, Westinghouse Road	6028	Demolition of buildings, highway works and construction compound	Works Nos. 3 and 5
Land at Unit Nos. 1 and 2 Centrepoint Estate, Westinghouse Road	6008	Highway works	Work No. 5
Land at Monde Trading Estate	6035, 6039, 6040, 6044	Highway works	Work No. 5
Land to the east of Park Way	6047	Construction of diverted oil pipeline	Work No. 7
Land to the north-east of Bridgewater Canal	6049	Construction of diverted oil pipeline	Work No. 7
Bridgewater Canal	6050	Construction of diverted oil pipeline	Work No. 7
Land to the south-west of Parkway	6051	Construction of diverted oil pipeline	Work No. 7
Park Way	7003, 7018	Highway works	Work No. 4
Land at Unit Nos. 5, 8, 9, 10, 11 and 14 Mercury Park, Mercury Way	6067, 7002, 7004, 7005, 7006, 7008	Construction of Bridgewater Canal Bridge and adjoining retaining structure	Work No. 4
Cobalt Avenue	7009	Construction of Bridgewater Canal Bridge and adjoining retaining structure	Work No. 4
Land at Unit Nos. 1, 2 and 3 Platinum Road	7010, 7011, 7013, 7014	Construction of retaining structure	Work No. 4
Platinum Road (unadopted)	7012	Construction of retaining structure	Work No. 4
Land to the north of Barton Dock Road	7016, 7034	Construction of new retaining walls and earthworks and accommodation works	Work No. 4
Mercury Way	7024	Highway works	Work No. 4
Land at Risol House, Mercury Way	7025	Highway works	Work No. 4
Barton Dock Road	7017, 7022, 7023, 7033, 8011, 8012, 8028, 8031, 8032	Highway works	Work No. 4
Land at electricity substation, Barton Dock Road	7032	Accommodation works	Work No. 4
Land at EventCity	7037, 8004, 8004A, 8004B, 8007A, 8007B, 8007C, 8007D, 8007E, 8008A, 8008B,	Highway and accommodation works	Work No. 4
Land at Containerbase, Barton Dock Road	7021, 7021A, 7021B	Accommodation works	Work No. 4
Land to the south of Barton Dock Road forming car parking to EventCity	7041, 8020	Highway works and construction compound	Work No. 4
Phoenix Way	8005, 8008B, 8009A, 8009C	Highway works	Work No. 4
Land at Barton Square, Barton Dock Road	8006, 8009A, 8009B	Highway works	Work No. 4
Land to the south of Barton Dock Road forming car parking to the intu Trafford Centre	8022A	Highway and accommodation works	Work No. 4
Peel Avenue	8023, 8023A, 8023C	Highway works	Work No. 4
Festival Way	8017A, 8023B, 8023E	Highway and accommodation works	Work No. 4
Land to the west of Barton Square, Barton Dock Road	8003, 8025, 8026, 8027, 8030	Highway and accommodation works	Work No. 4
Land to the south of Barton Dock Road forming landscaping to the intu Trafford Centre	8024B	Accommodation works	Work No. 4
Land to the south of Barton Dock Road forming car park access road to the intu Trafford Centre	8034	Highway works	Work No. 4
Land to the east of car park access to the intu Trafford Centre	8024A	Accommodation works	Work No. 4

Article 42

SCHEDULE 7 TRAFFIC REGULATION

Interpretation

1.  In this Schedule—

“Match Day Controlled Hours” means 2 hours before the expected start time, during and one hour after the actual finish time of a football match or event on those days upon which there is held —

(a)

at Old Trafford Football Ground, any football match involving Manchester United Football Club;

(b)

at Old Trafford Football Ground, any football match not involving Manchester United Football Club; and

(c)

at Old Trafford Football Ground any event, whether sporting or non-sporting, which, in the opinion of the Director of Environment – Strategy of the Borough Council, or the appointed deputy, is likely to benefit from the scheme being in operation; and

a reference to a “TRO” means a Traffic Regulation Order made under the 1984 Act.

2.  In column (1) of each of the tables, the number before the oblique refers to the relevant sheet Number of the traffic regulation plans, and the number after the oblique refers to the relevant traffic regulation reference number shown on that sheet. In the event of there being any discrepancy between a provision in this Schedule and the illustration of that provision shown on the traffic regulation plans, this Schedule prevails.

PART 1 STOPPING, WAITING, LOADING OR UNLOADING

3.—(1) No waiting at any time:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
01/1.1	Trafford Wharf Road	Northern side from a point 119 metres west of its junction with Trafford Road in an easterly direction to its junction with Trafford Road.	Aligns the existing TRO with the proposed changes to the highway layout at the eastern end of the road.
01/1.2	Trafford Wharf Road	Southern side from its junction with Victoria Place in an easterly direction to its junction with Trafford Road.	Aligns the existing TRO with the proposed changes to the highway layout at the eastern end of the road.
02 & 03/1.1	Trafford Wharf Road	Southern side from its junction with Churchill Way in an easterly direction to its junction with Sir Alex Ferguson Way.	Aligns the existing TRO with the proposed changes to the highway layout at the eastern end of the road.
02 & 03/1.2	Trafford Wharf Road	Northern side from its junction with Churchill Way in an easterly direction to its junction with Sir Alex Ferguson Way.	Aligns the existing TRO with the proposed changes to the highway layout at the eastern end of the road.
02/1.3	Sir Alex Ferguson Way	Eastern side from its junction with Trafford Wharf Road in a southerly direction to its junction with Victoria Place.	Aligns the existing TRO with the proposed changes to the highway layout of the road.
02/1.4	Victoria Place	Northern side from its junction with Sir Alex Ferguson Way in an easterly direction for a distance of 150 metres.	To maintain vehicular flow.
02/1.5	Victoria Place	Southern side from its junction with Sir Alex Ferguson Way in an easterly direction to its junction with Trafford Wharf Road.	To maintain vehicular flow.
02/1.6	Waterside	Eastern and southern sides from its junction with Wharfside Way in a northerly and then easterly direction to its junction with Sir Alex Ferguson Way.	Aligns the existing TRO with the proposed changes to the highway layout at the south-eastern end of the road.
02/1.7	Waterside	Western side from its junction with Trafford Wharf Road in a southerly direction to its junction with Wharfside Way.	Aligns the existing TRO with the proposed changes to the highway layout at the south-eastern end of the road.
03 & 04/1.3	Warren Bruce Road	North-west side from its junction with Trafford Wharf Road in a south-westerly direction to its junction with Village Circle.	To maintain vehicular flow.
03 & 04/1.4	Warren Bruce Road	South-east side from its junction with Trafford Wharf Road in a south-westerly direction to its junction with Village Circle.	To maintain vehicular flow.
03/1.5	Elevator Road	Eastern side from a point 242 metres north-east of its junction with Wharfside Way in a north-easterly direction to its junction with Trafford Wharf Road.	Aligns the existing TRO with the proposed changes to the highway layout at the northern end of the road.
03/1.6	Elevator Road	Western side from a point 208 metres north-east of its junction with Wharfside Way in a north-easterly direction for a distance of 30 metres.	Aligns the existing TRO with the proposed changes to the highway layout at the northern end of the road.
04/1.1	Second Avenue	Western side from a point 75 metres north of its junction with Eleventh Street in a northerly direction to its junction with Village Way.	Aligns the existing TRO with the proposed changes to the highway layout at the northern end of the road.
04/1.2	Second Avenue	Eastern side from a point 6 metres south of its junction with Tenth Street in a northerly direction to its junction with Village Way.	Aligns the existing TRO with the proposed changes to the highway layout at the northern end of the road.
04/1.5	Third Avenue	Western side from its junction with Trafford Park Road in a southerly direction to and including its cul-de-sac end.	To maintain vehicular flow.
04/1.6	Third Avenue	Eastern side from a point 73 metres south of its junction with Trafford Park Road in a southerly direction to and including its cul-de-sac end.	Aligns the existing TRO with proposed changes to the highway layout at the southern end of the road.
06/1.5	Work No. 5 (new highway)	North-east side from its junction with Park Way in a south-easterly direction to its junction with Westinghouse Road.	To maintain vehicular flow.
06/1.6	Work No. 5 (new highway)	South-west side from its junction with Park Way in a south-easterly direction to its junction with Westinghouse Road.	To maintain vehicular flow.
06/1.7	Work No. 6 (new highway)	North-east side from its junction with Ashburton Road West in a south-easterly direction to its junction with Tenax Road.	To maintain vehicular flow.
06/1.8	Work No. 6 (new highway)	South-west side from its junction with Ashburton Road West in a south-easterly direction to its junction with Tenax Road.	To maintain vehicular flow.
06/1.9	Ashburton Road West	North-east side from a point 15 metres north-west of its junction with Lyons Road in a south-easterly and southerly direction to its junction with Work No. 6.	Aligns the existing TRO with the proposed changes to the highway layout at the eastern/south-eastern end of the road.
06/1.10	Ashburton Road West	South-west and western side from a point 15 metres south-east of its junction with Longbridge in a south-easterly and southerly direction to its junction with Park Way.	Aligns the existing TRO with the proposed changes to the highway layout at the eastern/south-eastern end of the road.
06/1.11	Ashburton Road West	Eastern side from its junction with Work No. 6 in a southerly direction to its junction with Park Way.	To maintain vehicular flow.
06 & 09/1.12	Westinghouse Road	South-west and southern sides from a point 28 metres north of the north-east kerbline of Warren Road in a south-easterly and easterly direction to its junction with Europa Circle.	Aligns the existing TRO with the proposed changes to the highway layout at the north-western end of the road.
06 & 09/1.13	Westinghouse Road	North-east and northern sides from a point 28 metres north of the north-east kerbline of Warren Road in a south-easterly and easterly direction to its junction with Europa Circle.	Aligns the existing TRO with the proposed changes to the highway layout at the north-western end of the road.
07/1.1	Mercury Way	North-west side from a point 76 metres south-west of the south-west kerb line of Cobalt Avenue in a south-westerly direction to its junction with Barton Dock Road.	To maintain vehicular flow.
07/1.2	Mercury Way	South-east side from a point 141 metres south-west of its junction with Cobalt Avenue in a south-westerly direction to its junction with Barton Dock Road.	To maintain vehicular flow.

(2) Waiting restricted to specified times:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
02/2.1	Trafford Wharf Road	Northern side from its junction with Victoria Place in an easterly direction to a point 119 metres west of its junction with Trafford Road. No waiting on Match Day Controlled Hours.	To provide parking facilities displaced from Wharf End.
02/2.2	Victoria Place	Northern side from a point 150 metres to the east of its junction with Sir Alex Ferguson Way in an easterly direction to its junction with Trafford Wharf Road. No waiting on Match Day Controlled Hours.	To provide parking facilities displaced from Wharf End.
04/2.1	Second Avenue	Western side from a point 17 metres north of its junction with Eleventh Street in a northerly direction for a distance of 58 metres. No waiting on Match Day Controlled Hours except when displaying a Voucher issued by the Borough Council in accordance with the Council’s Conditions for the issuing of Parking Vouchers for the time being in force.	Aligns the existing TRO with the proposed changes to the highway layout at the northern end of the road.
07/2.1	Mercury Way	South-east side from a point 20 metres north east of its junction with Cobalt Avenue in a south-westerly direction for a distance of 168 metres. No waiting Monday to Saturday between 8am and 6pm.	Aligns the existing TRO with the proposed changes to the highway layout at the south-west end of the road.

(3) No loading at any time:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
01/3.1	Trafford Wharf Road	Northern side from a point 119 metres west of its junction with Trafford Road in an easterly direction to its junction with Trafford Road.	To maintain vehicular flow.
01/3.2	Trafford Wharf Road	Southern side from its junction with Victoria Place in an easterly direction to its junction with Trafford Road.	To maintain vehicular flow.
02 & 03/3.1	Trafford Wharf Road	Southern side from a point 63 metres west of the western kerb line of Warren Bruce Road in an easterly direction to its junction with Waterside.	To maintain vehicular flow.
02 & 03/3.2	Trafford Wharf Road	Northern side from a point 63 metres west of the western kerb line of Warren Bruce Road in an easterly direction for a distance of 676 metres.	To maintain vehicular flow.
02/3.3	Sir Alex Ferguson Way	Eastern side from its junction with Trafford Wharf Road in a southerly direction to its junction with Victoria Place.	To maintain vehicular flow.
02/3.4	Victoria Place	Northern side from its junction with Sir Alex Ferguson Way in an easterly direction for a distance of 150 metres.	To maintain vehicular flow.
02/3.5	Victoria Place	Southern side from its junction with Sir Alex Ferguson Way in an easterly direction for a distance of 103 metres.	To maintain vehicular flow.
02/3.6	Waterside	Eastern side from a point 79 metres north of the southern kerb line of Wharfside Way in a southerly direction to its junction with Wharfside Way.	To maintain vehicular flow.
02/3.7	Waterside	Western side from a point 110 metres north of the southern kerb line of Wharfside Way in a southerly direction to its junction with Wharfside Way.	To maintain vehicular flow.
02/3.8	Sir Alex Ferguson Way	Western side from its junction with Trafford Wharf Road in a southerly direction to its junction with Wharfside Way.	To maintain vehicular flow.
03 & 04/3.3	Warren Bruce Road	North-west side from its junction with Trafford Wharf Road in a south-westerly direction to its junction with Village Circle.	To maintain vehicular flow.
03 & 04/3.4	Warren Bruce Road	South-east side from its junction with Trafford Wharf Road in a south-easterly direction to its junction with Village Circle.	To maintain vehicular flow.
03/3.5	Elevator Road	Eastern side from a point 242 metres north of its junction with Wharfside Way in a northerly direction to its junction with Trafford Wharf Road.	To maintain vehicular flow.
06/3.5	Work No. 5 (new highway)	North-east side from its junction with Park Way in a south-easterly direction to its junction with Westinghouse Road.	To maintain vehicular flow.
06/3.6	Work No. 5 (new highway)	South-west side from its junction with Park Way in a south-easterly direction to its junction with Westinghouse Road.	To maintain vehicular flow.
06/3.7	Work No. 6 (new highway)	North-east side from its junction with Ashburton Road West in a south-easterly direction to its junction with Tenax Road.	To maintain vehicular flow.
06/3.8	Work No. 6 (new highway)	South-west side from its junction with Ashburton Road West in a south-easterly direction to its junction with Tenax Road.	To maintain vehicular flow.
07/3.1	Mercury Way	North-west side from a point 76 metres south-west of the south-west kerb line of Cobalt Avenue in a south-westerly direction to its junction with Barton Dock Road.	To maintain vehicular flow.
07/3.2	Mercury Way	South-east side from a point 141 metres south-west of its junction with Cobalt Avenue in a south-westerly direction to its junction with Barton Dock Road.	To maintain vehicular flow.

(4) Loading restricted to specified times:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
02/4.1	Trafford Wharf Road	Northern side from its junction with Victoria Place in an easterly direction to a point 119 metres west of its junction with Trafford Road. No loading except Taxis on Match Day Controlled Hours.	To provide a temporary taxi rank displaced from Sir Alex Ferguson Way.
02/4.2	Victoria Place	Northern side from a point 150 metres to the east of its junction with Sir Alex Ferguson Way in an easterly direction to its junction with Trafford Wharf Road. No loading except Taxis on Match Day Controlled Hours.	To provide a temporary taxi rank displaced from Sir Alex Ferguson Way.

(5) 24 Hour Clearway:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
04, 05 & 06/5.1	Village Way	24 hour Clearway both sides of the eastbound and westbound carriageways from its junction with Park Way to its junction with Village Circle.	Aligns the existing TRO with the proposed changes to the highway layout at the western end of the road, namely the conversion of Parkway Circle to a signal controlled junction.
06/5.2	Tenax Road	24 hour Clearway both sides of the northbound and southbound carriageways from its junction with Tenax Circle to its junction with Park Way.	Aligns the existing TRO with the proposed changes to the highway layout at the southern end of the road, namely the conversion of Parkway Circle to a signal controlled junction.
06 & 07/5.3	Park Way	24 hour Clearway both sides of the north-eastbound and south-westbound carriageways from its junction with Tenax Road to its junction with Barton Road.	Aligns the existing TRO with the proposed changes to the highway layout at the north-east end of the road, namely the conversion of Parkway Circle to a signal controlled junction.

PART 2 DIRECTION OF VEHICULAR TRAFFIC

4.—(1) One way traffic:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
02/6.1	Sir Alex Ferguson Way	One-way traffic in a northbound direction from its junction with Wharfside Way to its junction with Victoria Place.	To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
02/6.2	Waterside	One-way traffic in a southbound direction from a point 51 metres north of the southern kerbline of Wharfside Way to its junction with Wharfside Way.	To assist traffic flow and maintain junction capacity.
06/6.1	Ashburton Road West	One-way traffic in a northbound direction from its junction with Park Way to its junction with Work No.6.	To assist traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.

(2) Opening to two way traffic (previously one way) – revocation:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
05/7.1	Mosley Road	Opening to two-way traffic from a point 35 metres south of its junction with Trafford Park Road to its junction with Trafford Park Road.	To assist traffic flow and improve access.

(3) Prescribed movement:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
02/8.1	Trafford Wharf Road	Compulsory right turn from Trafford Wharf Road onto Sir Alex Ferguson Way.	To prevent hazardous traffic movements and possible carriageway obstruction.
02/8.2	Sir Alex Ferguson Way	Compulsory left turn from Sir Alex Ferguson Way onto Trafford Wharf Road.	To prevent hazardous traffic movements and possible carriageway obstruction.
02/8.3	Sir Alex Ferguson Way	Compulsory left turn from Sir Alex Ferguson Way onto Victoria Place.	To prevent hazardous traffic movements and possible carriageway obstruction.
02/8.4	Victoria Place	Compulsory right turn from Victoria Place onto Sir Alex Ferguson Way.	To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.1	Elevator Road	Compulsory left turn from Elevator Road onto Trafford Wharf Road.	To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.2	Private means of access (Imperial War Museum North)	Compulsory left turn from the Imperial War Museum North private means of access located 304 metres to the east of the eastern kerbline of Warren Bruce Road onto Trafford Wharf Road.	To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.3	Private means of access (Imperial War Museum North)	Compulsory left turn from the Imperial War Museum North private means of access located 257 metres to the east of the eastern kerbline of Warren Bruce Road onto Trafford Wharf Road.	To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.4	Private means of access (Imperial War Museum North)	Compulsory left turn from the Imperial War Museum North private means of access located 152 metres to the east of the eastern kerbline of Warren Bruce Road onto Trafford Wharf Road.	To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.5	Private means of access (ITV Studios)	Compulsory left turn from the ITV Studios private means of access located 49 metres to the east of the eastern kerbline of Warren Bruce Road onto Trafford Wharf Road.	To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.6	Private means of access (Trafford Mills, Rank Hovis)	Compulsory left turn from the Trafford Mills, Rank Hovis private means of access located 235 metres to the east of the eastern kerbline of Warren Bruce Road onto Trafford Wharf Road.	To prevent hazardous traffic movements and possible carriageway obstruction.
03/8.7	Private means of access (Trafford Mills, Rank Hovis)	Compulsory left turn from the Trafford Mills, Rank Hovis private means of access located 63 metres to the east of the eastern kerbline of Warren Bruce Road onto Trafford Wharf Road.	To prevent hazardous traffic movements and possible carriageway obstruction.
04/8.1	Second Avenue	Compulsory left turn from Second Avenue onto Village Way.	To prevent hazardous traffic movements and possible carriageway obstruction.
05/8.1	Praed Road	Compulsory left turn from Praed Road onto Village Way.	To prevent hazardous traffic movements and possible carriageway obstruction.

PART 3 PROHIBITION OF VEHICULAR ACCESS

5.—(1) Prohibition of driving:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
01 & 02/9.1	Wharf End	Prohibition of driving 24 hours except pedal cycles both sides of the carriageway from its junction with Trafford Wharf Road to its junction with Trafford Road.	To be closed to all traffic except pedal cycles.
02/9.2	Trafford Wharf Road	Prohibition of driving 24 hours except tramcars and pedal cycles both sides of the carriageway from its junction with Sir Alex Ferguson Way to its junction with Victoria Place.	To be closed to all traffic except pedal cycles
02/9.3	Sir Alex Ferguson Way	Prohibition of driving 24 hours except pedal cycles southbound carriageway from its junction with Victoria Place to its junction with Wharfside Way.	To prevent hazardous traffic movements and possible carriageway obstruction.
02/9.4	Sir Alex Ferguson Way	Prohibition of driving 24 hours except pedal cycles northbound carriageway from a point 22 metres north of its junction with Wharfside Way in a southerly direction to its junction with Wharfside Way.	To prevent hazardous traffic movements and possible carriageway obstruction.
03/9.1	Trafford Wharf Road	Prohibition of driving 24 hours except tramcars and emergency vehicles within the central area of the carriageway from its junction with Warren Bruce Road to a point 43 metres east of its junction with Elevator Road. Central area of the carriageway means the area 3.65 metres (nominally) south of the northern kerb line to 3.65 metres (nominally) north of the southern kerb line.	To prevent vehicles encroaching on the tram route except for authorised vehicles.
04/9.1	Third Avenue	Prohibition of driving 24 hours except tramcars and pedal cycles both sides of the carriageway from a point 22 metres north of its junction with Village Way in a southerly direction to its junction with Village Way.	To prevent vehicles encroaching on the tram route except for authorised vehicles.

(2) Prohibition of movement:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
02/10.1	Sir Alex Ferguson Way	No right turn from Sir Alex Ferguson Way onto Victoria Place.	To prevent hazardous traffic movements and possible carriageway obstruction.
02/10.2	Wharfside Way	No right turn from Wharfside Way onto Sir Alex Ferguson Way.	To maintain junction capacity and prevent hazardous traffic movements and possible carriageway obstruction.
02/10.3	Wharfside Way	No right turn from Wharfside Way onto Waterside.	To maintain junction capacity and prevent hazardous traffic movements and possible carriageway obstruction.
02/10.4	Wharfside Way	No left turn from Wharfside Way onto Waterside.	To maintain junction capacity and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.1	Trafford Wharf Road	No right turn from Trafford Wharf Road onto Elevator Road.	To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.2	Trafford Wharf Road	No right turn from Trafford Wharf Road onto Trafford Mills, Rank Hovis private means of access located 235 metres to the east of the eastern kerbline of Warren Bruce Road (except for emergency vehicles).	To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.3	Trafford Wharf Road	No right turn from Trafford Wharf Road onto Trafford Mills, Rank Hovis private means of access located 63 metres to the east of the eastern kerbline of Warren Bruce Road (except for emergency vehicles).	To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.4	Trafford Wharf Road	No right turn from Trafford Wharf Road onto Imperial War Museum North private means of access located 304 metres to the east of the eastern kerbline of Warren Bruce Road (except for emergency vehicles).	To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.5	Trafford Wharf Road	No right turn from Trafford Wharf Road onto Imperial War Museum North private means of access located 257 metres to the east of the eastern kerbline of Warren Bruce Road (except for emergency vehicles).	To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.6	Trafford Wharf Road	No right turn from Trafford Wharf Road onto Imperial War Museum North private means of access located 152 metres to the east of the eastern kerbline of Warren Bruce Road (except for emergency vehicles).	To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.7	Trafford Wharf Road	No right turn from Trafford Wharf Road onto ITV Studios private means of access located 49 metres to the east of the eastern kerbline of Warren Bruce Road (except for emergency vehicles).	To maintain traffic flow and prevent hazardous traffic movements and possible carriageway obstruction.
03/10.8	Trafford Wharf Road	No entry except for trams in a south-easterly direction onto the tramroad (Work No. 1) to the north of Trafford Wharf Road approximately 20 metres to the east of the Trafford Wharf Road/Quay West access junction.	To prevent hazardous movements.
03/10.9	Trafford Wharf Road	No entry except for trams in a north-westerly direction onto the tramway (Work No. 2) within the central reserve of Trafford Wharf Road at the vehicular access for Quay West, a point approximately 42 metres east of Elevator Road.	To prevent hazardous movements.
03/10.10	Trafford Wharf Road	No entry except for trams in a south-easterly direction onto the tramway (Work No. 2) within the central reserve of Trafford Wharf Road at its junction with Warren Bruce Road.	To prevent hazardous movements.
03/10.11	Warren Bruce Road	No entry except for trams in a south-westerly direction onto the tramroad (Work No. 3) to the north-west of Warren Bruce Road at its north-easterly junction with Warren Bruce Road.	To prevent hazardous movements.
04/10.1	Warren Bruce Road	No entry except for trams in a north-easterly direction onto the tramroad (Work No. 3) to the north-west of Warren Bruce Road at its junction with Village Circle.	To prevent hazardous movements.
04/10.2	Village Circle	No entry except for trams in a westerly direction onto the tramroad (Work No. 3) within the central area of Village Circle.	To prevent hazardous movements.
04/10.3	Village Circle	No entry except for trams in an easterly direction onto the tramroad (Work No. 3) within the central area of Village Circle.	To prevent hazardous movements.
04/10.4	Village Way	No entry except for trams in a westerly direction onto the tramroad (Work No. 3) to the north of Village Way at its junction with Village Way/Village Circle.	To prevent hazardous movements.
05/10.1	Village Way	No right turn from Village Way onto Mosley Road (to the north of Village Way).	To maintain junction capacity and traffic flow.
05/10.2	Village Way	No right turn from Village Way onto Mosley Road (to the south of Village Way).	To maintain junction capacity and traffic flow.
5/10.3	Village Way	No entry except for trams in an easterly direction onto the tramroad (Work No. 3) to the north of Village Way on the eastern side of its junction with the unnamed access opposite Fifth Avenue.	To prevent hazardous movements.
5/10.4	Village Way	No entry except for trams in a westerly direction onto the tramroad (Work No. 3) to the north of Village Way on the western side of its junction with the unnamed access opposite Fifth Avenue.	To prevent hazardous movements.
5/10.5	Village Way	No entry except for trams in an easterly direction onto the tramroad (Work No. 3) to the north of Village Way at its junction with Village Way/Mosley Road.	To prevent hazardous movements.
5/10.6	Village Way	No entry except for trams in a westerly direction onto the tramroad (Work No. 3) to the south of Village Way at its junction with Village Way/Mosley Road.	To prevent hazardous movements.
05/10.7	Village Way	No entry except for trams in an easterly direction onto the tramroad (Work No. 3) to the south of Village Way at its junction with the access road to Central Park Trading Estate approximately 165 metres west of the western kerb line of Mosley Road.	To prevent hazardous movements.
05/10.8	Village Way	No entry except for trams in a westerly direction onto the tramroad (Work No. 3) to the south of Village Way at its junction with the access road to Central Park Trading Estate approximately 183 metres west of the western kerb line of Mosley Road.	To prevent hazardous movements.
06/10.1	Ashburton Road West	No right turn from Ashburton Road West onto Work No. 6.	To maintain junction capacity and traffic flow.
06/10.2	Work No. 6 (new highway)	No left turn from Work No. 6 onto Ashburton Road West.	To maintain junction capacity and traffic flow.
06/10.3	Work No. 5 (new highway)	No right turn from Work No. 5 onto Park Way.	To maintain junction capacity and traffic flow.
06/10.4	Park Way	No entry except for trams in an easterly direction onto the tramroad (Work No. 3) to the south of Park Way at its junction with Westinghouse Road/Park Way.	To prevent hazardous movements.
06/10.5	Park Way	No entry except for trams in a south-westerly direction onto the tramroad (Work No. 4) to the north-west of Park Way opposite the Westinghouse Road/Park Way junction.	To prevent hazardous movements.
07/10.1	Barton Dock Road	No entry except for trams in a south-easterly direction onto the tramroad (Work No. 4) to the north of Barton Dock Road on the eastern side of its junction with Mercury Way.	To prevent hazardous movements.
07/10.2	Barton Dock Road	No entry except for trams in a north-westerly direction onto the tramroad (Work No. 4) to the north of Barton Dock Road on the western side of its junction with Mercury Way.	To prevent hazardous movements.
08/10.1	Barton Dock Road	No entry except for trams in a south-easterly direction onto the tramroad (Work No. 4) to the north of Barton Dock Road on the eastern side of its junction with Phoenix Way.	To prevent hazardous movements.
08/10.2	Barton Dock Road	No entry except for trams in a north-westerly direction onto the tramroad (Work No. 4) to the north of Barton Dock Road on the western side of its junction with Phoenix Way	To prevent hazardous movements.
08/10.3	Barton Dock Road	No entry except for trams in a south-easterly direction onto the tramroad (Work No. 4) to the north of Barton Dock Road at a point approximately 131 metres north-west of the western kerb line of Phoenix Way.	To prevent hazardous movements.
08/10.4	Barton Dock Road	No entry except for trams in a north-westerly direction onto the tramroad (Work No. 4) to the south of Barton Dock Road at a point approximately 147 metres south-east of the eastern kerbline of Traders Avenue.	To prevent hazardous movements.

(3) Opening to allow turning movement – revocation:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
05/11.1	Trafford Park Road	Opening to left turn from Trafford Park Road onto Mosley Road.	To assist traffic flow and improve access.

(4) Pedal cycle lane:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
03/12.1	Trafford Wharf Road	Southern side from a point 22 metres east of its junction with Warren Bruce Road in an easterly direction for a distance of 308 metres east of its junction with Elevator Road which has a width throughout of 1.5 metres.	To assist the movement of pedal cycles.

PART 4 VEHICULAR SPEED LIMITS

6.  Speed Limits:

(1) No.	(2) Road	(3) Extent	(4) Notes
In the Metropolitan Borough of Trafford
06/13.1	Work No. 6 (new highway)	30 mph speed limit both sides of the carriageway from its junction with Tenax Road to its junction with Ashburton Road West.
06/13.2	Work No. 5 (new highway)	30 mph speed limit both sides of the carriageway from its junction with Park Way to its junction with Westinghouse Road.

Article 46

SCHEDULE 8 PROTECTION OF PUBLIC UTILITIES

Effect

1.  For the protection of the public utilities referred to in this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the public utility concerned.

Definitions

2.  In this Schedule—

“apparatus” means—

(a)

in the case of Electricity North West Limited, electric lines or electrical plant (as defined in the Electricity Act 1989(8)), belonging to or maintained by that public utility;

(b)

in the case of National Grid Gas Plc, any mains, pipes or other apparatus belonging to or maintained by that public utility for the purposes of gas supply,

and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in”, in a context referring to apparatus or necessary alternative apparatus in land, includes a reference to apparatus or necessary alternative apparatus under, over or upon land;

“necessary alternative apparatus” means alternative apparatus adequate to enable a public utility to fulfil its statutory or licensed functions in a manner no less efficient than previously;

“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; and

“public utility” means, as the case may be—

(a)

Electricity North West Limited, company number 02366949, whose registered office is at 304 Bridgewater Place, Birchwood Park, Warrington, WA3 6XG; and/or

(b)

National Grid Gas Distribution Limited, company number 10080864, whose registered office is at 1-3 Strand, London, WC2N 5EH;

and in relation to any apparatus, means the public utility to whom it belongs or by whom it is maintained; and

“specified work” means any of the authorised works which will or may be situated over or within 15 metres measured in any direction of, or may in any way adversely affect, any apparatus, the removal of which has not been required under paragraph 8.

On-street apparatus

3.  This Schedule does not apply to apparatus in respect of which the relations between the undertaker and the public utility are regulated by the provisions of Part 3 (street works licence) of the 1991 Act.

Apparatus in stopped-up streets

4.—(1) Where any street is stopped up under article 13 (stopping up of streets), any public utility whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must as soon as reasonably practicable grant to the public utility legal easements reasonably satisfactory to the public utility in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the public utility to require the removal of that apparatus under paragraph 8 or the power of the undertaker to carry out works under paragraphs 20 to 27.

(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 14 (temporary stopping up of streets) the public utility is at liberty at all times to take all necessary access across any such temporarily stopped up highway and to execute and do all works and things in, upon or under any such highway as may be reasonably necessary to enable the public utility to maintain any apparatus which at the time of the stopping up or diversion was in that highway and only in a manner that is consistent with and subject to any restriction or limitations that applied on such access or works under the terms of the 1991 Act enjoyed immediately before the temporary stopping up.

Protective works to building

5.  The undertaker must, so far as is reasonably practicable, exercise the powers conferred by article 22 (works to safeguard buildings and the operation of the authorised transit system) so as not to obstruct or render less convenient the access to any apparatus without the written consent of the public utility (such consent not to be unreasonably withheld or delayed).

Acquisition

6.  Subject to paragraph 7, the undertaker must not acquire any apparatus or land interest or override any easement or other interest of or from a public utility under the powers conferred by this Order otherwise than by agreement, which must not be unreasonably withheld.

7.  The undertaker may in exercise of the powers conferred by this Order acquire or appropriate any land in which any apparatus is placed and, following the removal of such apparatus in accordance with the provisions of this Schedule, any rights in that land relating to that apparatus are extinguished but no apparatus is to be removed nor is any right of the public utility to use, maintain or renew any apparatus to be extinguished until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the public utility.

Removal of apparatus

8.  Paragraphs 9 to 16 apply where—

(a) the undertaker requires the removal of any apparatus for the purpose of constructing any of the authorised works and gives to the public utility not less than 56 days’ written notice of that requirement together with a plan of the proposed work and of the proposed position of the necessary alternative apparatus to be provided or constructed; or

(b) in consequence of the exercise or proposed exercise of any of the powers conferred by this Order, the public utility reasonably requires the removal of any apparatus.

9.  Subject to paragraph 10, the undertaker must afford to the public utility the necessary rights and facilities for the construction of any necessary alternative apparatus in other land of the undertaker and subsequently for the use, maintenance and renewal of such apparatus.

10.  If the undertaker is unable to obtain the rights and facilities referred to in paragraph 9, the public utility must, on receipt of a written notice to that effect from the undertaker, use its best endeavours to obtain the necessary rights and facilities.

11.  The obligation imposed upon the public utility by paragraph 10 does not extend to the exercise by the public utility of any power to acquire any land or rights in land by compulsory purchase order.

12.  Any necessary alternative apparatus to be constructed by the public utility under this Schedule must be constructed in such manner, and in such line or situation, as may be agreed between the public utility and the undertaker or, in default of agreement, determined by arbitration under article 53 (arbitration).

13.  The public utility must, after the manner of construction and the line or situation of any necessary alternative apparatus have been agreed or determined by arbitration and after the grant to or obtaining by the public utility of any such facilities and rights as are referred to in paragraph 9, proceed without unnecessary delay to construct and bring into operation the necessary alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed in accordance with paragraph 8.

14.  If the undertaker gives notice in writing to the public utility that it desires to carry out any part of any work in connection with the construction or removal of apparatus, such work, instead of being carried out by the public utility, may be carried out by the undertaker with the prior written consent of the public utility (which must not be unreasonably withheld and may be subject to any such conditions as are reasonable and proper to protect the apparatus) in accordance with plans and in a position agreed between the public utility and the undertaker or, in default of agreement, determined by arbitration under article 53 (arbitration), without unnecessary delay under the superintendence (if given) and to the reasonable satisfaction of the public utility.

15.  In carrying out any work under paragraph 14 the undertaker must comply with all statutory obligations which would have been applicable had the works been carried out by the public utility.

16.  Nothing in paragraph 14 authorises the undertaker to carry out the actual placing, erection, installation, bedding, packing, removal, connection or disconnection of any apparatus or, where the apparatus is laid in a trench, execute any filling around the apparatus within 300 millimetres (measured in any direction) of the apparatus.

Facilities and rights for necessary alternative apparatus

17.  Where, in accordance with the provisions of this Schedule, the undertaker affords to the public utility facilities and rights for the construction, use, maintenance and renewal in land of the undertaker of necessary alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the public utility or, in default of agreement, determined by arbitration under article 53 (arbitration).

18.  In determining the terms and conditions mentioned in paragraph 17 in respect of necessary alternative apparatus to be constructed across or along the authorised works the arbitrator must—

(a) give effect to all reasonable requirements of the undertaker for ensuring the safety of the authorised works and for securing any subsequent alterations or adaptations of the necessary alternative apparatus which may be required to prevent interference with any such works; and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to any terms and conditions (if any) applicable to the apparatus constructed across or along the authorised works for which the necessary alternative apparatus is to be substituted and to any other reasonable requirements of the public utility.

19.  If the facilities and rights to be afforded by the undertaker in respect of any necessary alternative apparatus under paragraph 17 and the terms and conditions subject to which the same are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the public utility than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator must make such provision for the payment of compensation to or by the undertaker by or to the public utility in that respect as appears to the arbitrator to be reasonable having regard to all the circumstances of the case.

Retained apparatus

20.—(1) Not less than 56 days before commencing to construct or renew any specified work, the undertaker must submit to the public utility plans of the works.

(2) The plan to be submitted to the public utility under sub-paragraph (1) must (unless otherwise agreed in writing) include a method statement and describe—

(a) the exact position of the specified work;

(b) the level at which the specified works are proposed to be constructed or renewed; and

(c) the manner of their construction or renewal including details of excavation and positioning of plant.

21.  The undertaker must not commence the construction or renewal of any specified work until the public utility has given written approval of the plans so submitted.

22.  Any approval of the public utility required under paragraph 21—

(a) may be given subject to reasonable conditions for any purpose mentioned in paragraph 23;

(b) must not be unreasonably withheld; and

(c) is to be deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval.

23.  A specified work is to be constructed only in accordance with the approved plans and all reasonable requirements made by the public utility for the alteration, or otherwise for the protection, of the apparatus, or for securing access to it, and the public utility is entitled to watch and inspect the carrying out of the work.

24.  If within 42 days after the submission to it of any plans under paragraph 20, in consequence of the works proposed by the undertaker the public utility reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, the provisions of this Schedule are to have effect as if the removal of the apparatus had been required by the public utility under paragraph 8.

25.  Nothing in paragraph 20 or 24 precludes the undertaker from submitting at any time, or from time to time, but in any case not less than 28 days before commencing the construction of any specified work, a new plan in place of the plan previously submitted, in which case the provisions of those paragraphs are to apply to, and in respect of, the new plan.

26.  The undertaker is not required to comply with paragraph 20 in a case of emergency but, in such a case, it must give to the public utility notice as soon as reasonably practicable, and a plan of the works as soon as reasonably practicable afterwards, and must comply with paragraph 23 so far as reasonably practicable in the circumstances.

27.  Nothing in paragraph 26 entitles the undertaker to carry out works to any apparatus but, upon receipt of notice from the undertaker, the public utility must take such action as may be required (which may include the carrying out of works if it thinks fit) without unnecessary delay.

Expenses and costs

28.  Subject to the following provisions of this Schedule, the undertaker must repay to a public utility all expenses reasonably incurred by that public utility in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any necessary alternative apparatus (including any costs reasonably incurred in connection with the acquisition of rights) and in watching and inspecting the execution of works and in making reasonable requirements under paragraph 22.

29.  The value of any apparatus removed under the provisions of this Schedule is to be deducted from any sum payable under paragraph 28, that value being calculated after removal.

30.  If in accordance with the provisions of this Schedule—

(a) necessary alternative apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type that is suitable for the purpose required; or

(b) apparatus (whether existing apparatus or necessary alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration to be necessary, then, if such placing involves cost in the construction of works under this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the public utility under paragraph 28 is to be reduced by the amount of that excess.

31.  For the purposes of paragraph 30—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

32.  An amount which apart from this paragraph would be payable to a public utility under paragraph 28 must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the public utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30th June 1992, as revised and reissued from time to time.

33.  In any case where work is carried out by the undertaker under paragraphs 14 to 16 and, if such work had been carried out by the public utility, the repayment made to the public utility under paragraph 28 would fall to be reduced under paragraphs 30 to 32, the public utility must give credit to the undertaker for such sum as represents the amount of that reduction.

Indemnity

34.  If by reason or in consequence of the construction of the specified works, any damage is caused to any apparatus or necessary alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or there is any interruption in any service provided or of any access to any apparatus, or in the supply of any goods, by any public utility, the undertaker must—

(a) bear and pay the cost reasonably incurred by that public utility in making good such damage or restoring the supply; and

(b) make reasonable compensation to that public utility for any other expenses, loss, damages, penalty or costs incurred by it,

by reason or in consequence of any such damage or interruption.

35.  The fact that any act or thing may have been done by a public utility on behalf of the undertaker or in accordance with a plan approved by a public utility or in accordance with any requirement of a public utility or under its supervision does not, subject to paragraph 36, excuse the undertaker from liability under the provisions of paragraph 34.

36.  Nothing in paragraph 34 imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a public utility, its officers, servants, contractors or agents.

37.  A public utility must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker, such consent not to be unreasonably withheld or delayed.

Co-operation

38.  Where in consequence of the proposed construction of any of the specified works, the undertaker or a public utility requires the removal of apparatus under paragraph 8 or a public utility makes requirements for the protection or alteration of apparatus under paragraph 23, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and each public utility must use its best endeavours to co-operate with the undertaker for that purpose.

Access

39.  If in consequence of the powers conferred by this Order, the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable the public utility to maintain or use the apparatus no less effectively than was possible before such obstruction.

Article 47

SCHEDULE 9 PROTECTION OF NAVIGATION

1.—(1) For the protection of MSCC and BCC the following provisions of this Schedule, unless otherwise agreed in writing between the undertaker and the authority concerned, have effect.

(2) In this Schedule—

“the authority” means—

(a)

in relation to the Bridgewater Canal, BCC in its capacity as navigation authority for that canal; and

(b)

in relation to the Manchester Ship Canal, MSCC in its capacity as harbour authority for that canal;

“BCC” means the Bridgewater Canal Company Limited, company number 06805592 whose registered address is at Peel Dome, The Trafford Centre, Stretford, M17 8PL and (where applicable) includes its statutory successors;

“the Bridgewater Canal” means the Bridgewater Canal owned or managed by BCC, and includes any works connected with the Bridgewater Canal for the maintenance or operation of which BCC is responsible and includes (without limitation) lands, walls, culverts, roads, bridges, buildings and developments held or used by BCC for the purposes of the Bridgewater Canal;

“the Canal” means the Bridgewater Canal or the Manchester Ship Canal, as the case may be;

“construction”, in relation to any specified work or protective work, includes execution, placing, altering, replacing, relaying and removal, and “construct” and “constructed” have corresponding meanings;

“detriment” means any physical damage to the Canal wholly or partly caused by the specified works which affects the stability, structure and safety of the Canal and, without limitation on the scope of that meaning, includes—

(a)

the erosion of the bed, banks or walls of the Canal, or the impairment of the stability of any works or lands forming part of the Canal;

(b)

damage to the walls or banks of the Canal caused by excessive weight being placed on the Canal walls;

(c)

the silting of the Canal or the deposit of materials in the Canal so as to damage the Canal;

(d)

the pollution of the Canal; and

(e)

any alteration in the water level of the Canal, or interference with the supply of water to the Canal, or drainage from the Canal;

but does not include any damage to the Canal to the extent that it is set out in plans approved (or deemed to be approved) under paragraph 4;

“the engineer” means an engineer (whether an employee of the authority or external consultant) appointed by the authority for the purpose in question;

“harbour master” means the officer appointed by MSCC from time to time to execute the office of harbour master and includes any assistants and subordinates in so far as such assistants and subordinates are duly authorised to act on behalf the harbour master;

“the Manchester Ship Canal” means the Manchester Ship Canal owned or managed by MSCC, and includes any works connected with the Manchester Ship Canal for the maintenance or operation of which MSCC is responsible and includes (without limitation) lands, walls, banks, culverts, roads, bridges, buildings and developments held or used by MSCC for the purposes of the Manchester Ship Canal;

“‘MSCC” means the Manchester Ship Canal Company Limited, company number 07438096, whose registered office is at Maritime Centre, Port of Liverpool, Liverpool L21 1LA and (where applicable) includes its statutory successors;

“plans” includes sections, drawings, specifications, calculations, surveys, soil and other environmental reports, descriptions (including descriptions of methods of construction), drainage and flooding reports, risk assessments and method statements, but does not include the design and appearance of the specified works, calculations, phasing plans and programmes;

“protective work” means a work which is reasonably necessary to be carried out to minimise or prevent detriment constructed under sub-paragraph 4(3)(a);

“the Ship Canal enactments” means—

• Manchester Ship Canal Act 1885 c. clxxxviii

• Manchester Ship Canal (Additional Lands) Act 1888 c. cxi

• Manchester Ship Canal (Alteration of Works) Act 1888 c. clxi

• Manchester Ship Canal (Tidal Openings, & c.) Act 1890 c. lxxiv

• Manchester Ship Canal (Various Powers) Act 1890 c. ccxxvii

• Manchester Ship Canal Act 1891 c. clxxxi

• Manchester Ship Canal Act 1893 c. iii

• Manchester Corporation (Ship Canal) Act 1893 c. xix

• Manchester Ship Canal (Additional Capital, & c.) Act 1893 c. xxiii

• Manchester Ship Canal (Surplus Lands) Act 1893 c. lxxiii

• Manchester Ship Canal Act 1894 c. clxix

• Manchester Ship Canal Act 1896 c. clxxxii

• Manchester Ship Canal Act 1897 c. cviii

• Manchester Ship Canal Act 1900 c. xxxvi

• Manchester Ship Canal Act 1904 c. ccxii

• Manchester Ship Canal (Bridgewater Canal) Act 1907 c. xv

• Manchester Ship Canal (Various Powers) Act 1907 c. xxx

• Manchester Ship Canal Act 1911 c. lvi

• Manchester Ship Canal Act 1919 c. xlvi

• Manchester Ship Canal Act 1920 c. cxlix

• Manchester Ship Canal Act 1924 c. lviii

• Manchester Ship Canal Act 1925 c. cxx

• Manchester Ship Canal (General Powers) Act 1926 c. lxxxiii

• Manchester Ship Canal Act 1933 c. lxvi

• Manchester Ship Canal Act 1936 c. cxxiv

• Manchester Ship Canal Act 1949 c. xxxvi

• Manchester Ship Canal Act 1950 c. lvi

• Manchester Ship Canal Act 1952 c. xiii

• Manchester Ship Canal Act 1956 c. lxxx

• Manchester Ship Canal Act 1960 c. xlv

• Manchester Ship Canal Act 1962 c. liii

• Manchester Ship Canal Act 1966 c. xxvii

• Manchester Ship Canal Revision Order 1970 (S.I. 1971/191)

• Manchester Ship Canal Revision Order 1975 (S.I. 1975/2205)

• The Manchester Ship Canal (Black Bear Canal) (Local Enactments) Order 1976 (S.I. 1976/1084)

• Manchester Ship Canal Revision Order 1984 (S.I. 1984/50)

• Manchester Ship Canal Revision Order 1987 (S.I. 1987/1790)

• Manchester Ship Canal Harbour Revision Order 1992 (S.I. 1992/1268)

• The Manchester Ship Canal (Bridgewater Canal) Act 1907 (Amendment) Order 1996 (S.I. 1996/1484)

• The Manchester Ship Canal Harbour Revision Order 2009 (S.I. 2009/2579);

“specified work” means so much of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way affect, the Canal; and

“weight limit” means the relevant weight limit for any section of the wall or bank of the Canal that may be affected by any specified work or protective work, such weight limit to be approved by the engineer in accordance with the provisions of paragraph 4.

2.—(1) The undertaker must not under the powers conferred by this Order acquire compulsorily any land of the authority or any easement or other right over such land, other than such land or easements or other rights over such land as is reasonably necessary for, or in connection with, the construction, maintenance or operation of the authorised works, without the consent of the authority (not to be unreasonably withheld or delayed) and where possession of land is taken on a temporary basis the undertaker must take possession of such land for the shortest period as is reasonably required for the purposes of undertaking specified work.

(2) The charges over the land, property or undertaking of MSCC imposed under the Ship Canal enactments do not apply to any land or interest in land transferred, leased or granted to the undertaker by MSCC whether that transfer is by agreement or compulsorily under the powers conferred by this Order.

3.  Where reasonably required to do so by the engineer or the harbour master for the purpose of ensuring the safety of the Canal the undertaker must, to the reasonable satisfaction of the engineer or harbour master, fence off any specified work or protective work or take such steps as the engineer or the harbour master may reasonably require to be taken for the purpose of separating a specified work or a protective work from the Canal, whether on a temporary or permanent basis or both.

4.—(1) The undertaker, before commencing construction of any specified work, including any temporary works, must supply to the authority proper and sufficient plans of that work and must not commence the construction of any specified work except in accordance with such plans as have been approved or deemed to have been approved by the engineer or settled by arbitration.

(2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if within 42 days after such plans (including any other particulars reasonably required under sub-paragraph (1)) have been supplied to the authority the engineer has not intimated disapproval of those plans and the grounds of disapproval the engineer is deemed to have approved the plans as submitted.

(3) When signifying approval of the plans the engineer may specify—

(a) any protective work to be carried out before the commencement of a specified work (whether temporary or permanent) that may be reasonably required to prevent detriment; and

(b) such other requirements as may be reasonably necessary to prevent detriment, but not involving alteration to the design of the specified work,

and such protective work must be constructed by the undertaker or (if the undertaker so elects) the authority without unnecessary delay and the undertaker must not commence the construction of any specified work until the engineer has notified the undertaker that the protective work has been completed to the engineer’s reasonable satisfaction.

(4) The approval of the engineer under sub-paragraph (3) must not be unreasonably withheld or delayed, and if by the end of the period of 14 days beginning with the date on which the engineer is notified of the completion of such protective work the engineer has not intimated disapproval and the grounds of disapproval the engineer is deemed to have approved the protective work.

(5) The authority must at all times afford reasonable facilities to the undertaker and its agents for access to any protective works carried out by the authority under this paragraph during their construction and must supply the undertaker with such information as it may reasonably require with regard to such protective works or the method of constructing them.

5.  The undertaker must not impede, obstruct or interfere with, as far as reasonably practicable, the free and uninterrupted and safe use of the Canal or the vessels on the Canal except to the extent that the obstruction or interference has otherwise been agreed by the authority.

6.  The undertaker must provide and maintain at its own expense in the vicinity of any specified work or protective work such temporary lighting from sunset to sunrise or other periods of adverse visibility and such signal lights for the control of navigation as the harbour master may reasonably require during the construction or failure of the specified work or protective work.

7.—(1) Any specified work must, when commenced, be constructed—

(a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled by arbitration under article 53 (arbitration) and in accordance with any requirements made under paragraph 4(3)(b);

(b) under the supervision (if given), and, in the case of any specified work which directly and physically affects the Canal, to the reasonable satisfaction of the engineer;

(c) in such a manner as to cause as little detriment as is reasonably practicable to the Canal;

(d) in such a manner as to cause no detriment to the walls or banks of the Canal;

(e) so far as is reasonably practicable, so as not to interfere with, delay or obstruct the safe passage of vessels using the Canal except to the extent that such interference, delay or obstruction has otherwise been agreed by the authority; and

(f) in such a manner as to cause as little inconvenience as is reasonably practicable to the authority, its officers and agents.

(2) Nothing in this Order authorises the undertaker to—

(a) make or maintain any permanent works in or over the Canal so as to impede or prevent (whether by reducing the headroom or depth of water available for vessels, or the width of the Canal or otherwise) the passage of any vessel along the Canal, and in this regard the minimum permanent vertical clearance over the Bridgewater Canal must be maintained at all times at 28.860 metres above Ordnance Datum and the existing permanent width of the Bridgewater Canal where it is crossed by the specified works must be maintained at all times at 15.24 metres; or

(b) construct or maintain any specified work or protective work which would result in the weight limit of the Canal wall being exceeded; or

(c) use the Canal wall as a load bearing wall or structure for any specified work or protective work,

except to the extent that such interference, delay or obstruction has otherwise been agreed by the authority.

(3) Nothing in this Order authorises the undertaker to construct any specified work or make or maintain any permanent works in the Canal which would impede the free-flow of water in the Canal.

(4) Following the completion of the construction of any specified work the undertaker must restore the Canal to a condition no less satisfactory than its condition immediately prior to the commencement of those works subject to the presence of the authorised works.

(5) Where the carrying out of any of the specified works or any protective works requires the temporary closure of the Bridgewater Canal then the undertaker must notify the authority as soon as it becomes aware of the potential need for the closure of the Canal and—

(a) where the proposed closure will be for a period which is longer than 48 hours such works may only be undertaken between the months of November in one year and February in the following year (inclusive); and

(b) where the proposed closure will be for a period of up to 48 hours such works must be undertaken at such time or times as may be specified by the authority (acting reasonably).

(6) Nothing in this Order authorises the temporary closure of the Canal except with the consent of the authority, but such consent must not be unreasonably withheld and may be given subject to such terms and conditions as the authority may reasonably require.

8.—(1) The undertaker must not in the course of constructing any specified work or protective work or otherwise in connection with such works do or permit anything which may result in the deposit of any polluting materials on, in or over the Canal and must take such steps as the engineer or the harbour master may reasonably require to avoid or make good any breach of its obligations under this paragraph.

(2) Nothing in article 21 (discharge of water) authorises the undertaker to discharge (directly or indirectly) surface drainage water into the Canal except that with the written consent of the authority the undertaker may discharge water directly into the Canal.

(3) The undertaker must not in the course of constructing any specified work or protective work or otherwise in connection with such works do or permit anything which may result in the deposit of any other materials in the Canal and must take such steps as the engineer or the harbour master may reasonably require to avoid or make good any breach of its obligations under this paragraph except that with the written consent of the authority the undertaker may deposit any other materials into the Canal.

(4) Any consent of the authority required under this paragraph must not be unreasonably withheld or delayed and may be given subject to such terms and conditions as the authority may reasonably require.

9.—(1) The undertaker must at all reasonable times on being given reasonable notice (except in cases of emergency) allow reasonable facilities to the engineer for access to inspect any specified work during its construction.

(2) The undertaker must supply the engineer with all such information as the engineer may reasonably require with regard to any specified work or the method of constructing it.

(3) Any work involving the use of oxy-fuelled gas cutting equipment or equipment of a similar nature may only be carried out within 30 metres of the Canal with the consent of the harbour master (such consent not to be unreasonably withheld or delayed) and in accordance with the reasonable requirements of the harbour master.

10.—(1) If any reasonable alterations or additions, either permanent or temporary, to the Canal are necessary in consequence of the construction of the specified work in order to avoid detriment the authority may carry out such alterations or additions instead of the undertaker subject to giving the undertaker at least 28 days’ notice of its intention to carry out such alterations or additions (the details of which must be specified in the notice).

(2) If the undertaker has given notice under sub-paragraph (1) but does not carry out such alterations or additions within 2 months of giving that notice, the authority may give to the undertaker not less than 2 months’ notice of its intention to carry out the alterations or additions itself.

(3) Where the authority carries out any alterations or additions to which this paragraph applies, whether in accordance with a notice under sub-paragraph (1) or sub-paragraph (2), the undertaker must pay to the authority, provided that 28 days’ notice has been given to the undertaker, the cost of those alterations or additions reasonably incurred including, in respect of permanent alterations and additions, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by the authority in maintaining, working and, when necessary, renewing any such alterations or additions.

(4) If the cost of maintaining, working or renewing the Canal is reduced as a consequence of any alterations or additions to which this paragraph applies a capitalised sum representing such saving must be set off against any sum payable by the undertaker to the authority under sub-paragraph (3).

11.—(1) The undertaker must, upon completion of any part of a specified work and after the purpose of any temporary works has been accomplished, remove as soon as practicable any temporary works constructed and materials for temporary works placed in, on or over the Canal in connection with that part of the specified work.

(2) All temporary works must be removed to the reasonable satisfaction of the engineer and in such a way as causes as little detriment or interference as reasonably practicable with, or delay or interruption to, the safe passage of vessels along the Canal.

(3) In the event of any detriment to the Canal or interference with, or delay or interruption to, any vessels on the Canal that is caused by the undertaker’s failure to remove any such temporary works, the undertaker must immediately make good such damage and pay to the authority the costs and expenses to which it may be put and the compensation for any loss which it may suffer by reason of such detriment, interference, delay or interruption.

(4) In the event of the undertaker failing to remove the temporary works within a reasonable period after receiving notice from the authority, the authority may remove those works and charge the undertaker with the reasonable costs and expenses reasonably incurred as a result.

12.—(1) The undertaker must, before placing any temporary structure or apparatus over the Canal required in connection with the maintenance or repair or renewal of a specified work, comply with the reasonable requirements of the authority, such requirements to include—

(a) the undertaker providing the authority with 42 days’ written notice of this requirement so that, in particular, the authority may bring these works to the attention of users of the Canal; and

(b) receiving approval from the harbour master, but such approval must not be unreasonably withheld or delayed

(2) In the case of repair work carried out in an emergency the undertaker is only required to give such notice to the harbour master as may be reasonably practicable in the circumstances.

13.  If at any time after the completion of a specified work, not being a work vested in the authority, the authority gives notice to the undertaker informing it that the state of maintenance of the specified work appears to be such that the specified work is causing or is likely to cause detriment, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put the specified work in such state of maintenance as not to cause such detriment and if the undertaker fails to do so, the authority may make and do in and upon the land of the undertaker or the authority all such works to put the specified work in such state of maintenance as before and the cost, expenses and losses incurred by the authority in so doing must be repaid to the authority by the undertaker.

14.  Any reasonable and proper additional expenses not otherwise provided for in this Schedule which the authority may incur in maintaining the Canal under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that 42 days’ notice of the commencement of such maintenance has been given to the undertaker, be repaid by the undertaker to the authority so as to ensure that the authority has been reimbursed for all and any greater maintenance liability it incurs by reason of the existence of a specified work.

15.  Before providing any illumination or illuminated traffic sign on or in connection with the specified work or in the vicinity of the Canal, the undertaker must consult with the authority and comply with the authority’s reasonable requirements in regard to such lighting with a view to ensuring that—

(a) appropriate navigation lighting is placed on the specified works and on any protective works; and

(b) any illuminations will not be directed upstream or downstream into the path of oncoming vessels on the Canal to ensure that such illumination or illuminated signs cannot be confused with any lights or lighting used for controlling, directing or securing the safety of vessels on the Canal.

16.—(1) If any canal work is abandoned, and is in such a condition that it is, or is likely to become, a danger to or to interfere with navigation, the authority may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice to remove the work and (to such extent as the authority reasonably requires) to restore the site to its former condition.

(2) If any canal work is in such condition that it is, or is likely to become, a danger to or to interfere with navigation, the authority may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice—

(a) to repair and restore the work or part of it; or

(b) if the undertaker so elects, to remove the work and (to such extent as the authority reasonably requires) to restore the site to its former condition.

(3) If—

(a) a work which consists of a canal work and a non-canal work is abandoned or falls into decay; and

(b) the non-canal work is in such a condition as to interfere with the right of navigation in the Canal or as to interfere with the rights of access or use of land adjacent to the Canal,

the authority may include the non-canal work, or any part of it, in any notice under this paragraph.

(4) If after such reasonable period as may be specified in a notice under this paragraph the undertaker has failed to begin taking steps to comply with the requirements of the notice or after beginning has failed to make reasonably expeditious progress towards their implementation, the authority may carry out the works specified in the notice and any costs incurred by the authority in so doing are recoverable from the undertaker.

(5) In this paragraph “canal work” means so much of any specified work as is in or over the Canal and “non-canal work” means so much of any specified work as is not in or over the Canal.

17.  The undertaker must repay to the authority all costs, charges and expenses reasonably and properly incurred by the authority—

(a) in constructing any protective work under the provisions of paragraph 4(3)(a) including, in respect of any permanent protective work, a capitalised sum representing the cost of maintaining and renewing those works having set off the amount by which the presence of those works reduces the cost of maintaining and renewing the Canal;

(b) in respect of the employment of any inspectors, watch-guards and other persons whom it is reasonably necessary to appoint for inspecting, watching and lighting any part of the Canal affected by any specified work or protective work and for preventing as far as may be practicable all interference, obstruction, danger or accident arising from the construction, maintenance, renewal, repair or failure of the specified work or any protective work;

(c) in respect of any special navigation or traffic procedures resulting from any restrictions which are necessary as a result of the construction, maintenance, renewal, repair or failure of the specified work and which may in the reasonable opinion of the engineer or harbour master be required to be imposed, or from the suspension of navigation or traffic which may be necessary for the same reasons;

(d) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of any specified work or any protective work; and

(e) in bringing the specified work or any protective work to the notice of users of the Canal.

18.—(1) If any detriment to the Canal or any interference with, or delay or obstruction to, any vessels on the Canal is caused by, or arises as a result of, the construction or failure of any specified work or protective work if carried out by the undertaker, the undertaker or (if the authority so elects) the authority, but at the undertaker’s expense, must immediately make good such detriment and the undertaker must on demand pay to the authority all reasonable expenses to which the authority may be put, and compensation for any loss which the authority may sustain, in making good or otherwise by reason of any such detriment, interference, delay or obstruction.

(2) The undertaker is responsible for and must make good to the authority all claims, demands, proceedings, costs, charges, damages, expenses and losses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by the authority—

(a) by reason of the construction or failure of any specified work or a protective work (for the avoidance of doubt the indemnity is to include liability resulting from damage caused to the Canal by vibration caused by the use of the specified works); or

(b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon the construction of any specified work or of a protective work,

and subject to sub-paragraphs (3) and (4) the undertaker must effectively indemnify and hold harmless the authority from and against all charges, claims, demands, expenses and liabilities arising out of any of the matters referred to in sub-paragraphs (a) and (b).

(3) Nothing in this paragraph imposes any liability on the undertaker with respect to any losses, costs, charges, damages, expenses, claims or demand referred to in sub-paragraph (2) to the extent that they are attributable to negligence on the part of the authority or of any person in the authority’s employ or the authority’s contractors or agents.

(4) Except to the extent provided by sub-paragraph (3), the fact that any act or thing may have been done by the authority on behalf of the undertaker or in accordance with any requirements of the engineer or in accordance with plans approved by the engineer or under the engineer’s supervision or awards of an arbitrator does not (if it was done without negligence on the part of the authority or any person in its employ or its contractor or agents) excuse the undertaker from any liability under the provisions of this paragraph.

(5) The authority must give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand is to be made without the prior consent in writing of the undertaker (which must not be unreasonably withheld) which, if it notifies the authority that it desires to do so, is to have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand provided that no settlement or compromise of any such claim or demand is to be made without the consent of the authority (which must not be unreasonably withheld). If consent is not given by the undertaker, the authority must diligently defend such claim or demand.

19.  Where under any provision of this Schedule the authority or the undertaker (as the case may be) is entitled to a capitalised sum, it must provide such details of the formula by which the sum is calculated as may reasonably be requested by the party required to pay the sum.

20.  Except as provided by this Order, nothing in this Order prejudices or derogates from the estates, rights, interests, privileges, liberties or franchises of the authority or alters or diminishes any power, authority or jurisdiction vested in the authority at the making of this Order and, in particular, nothing is to be done under this Order that causes the authority or the harbour master to be in breach of their statutory duties and responsibilities.

21.  Any differences arising between the undertaker and the authority under this Schedule (other than a difference as to the meaning or construction of this Schedule) is to be referred to and settled by arbitration in accordance with article 53 (arbitration).

(1)

1973 c. 26.

(2)

Section 58(1) was amended by section 16(3) of, and Schedule 5 to, the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), section 4 of, and paragraph 29(1) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

(3)

S.I. 2016/1035.

(4)

Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.

(5)

Section 12 was amended by section 56(2) of, and part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

(6)

Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(7)

Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 and S.I. 2009/1307.

(8)

1989 c. 29.