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Midland Metro Act 1993 (c. v)

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Part IPreliminary

1Short title

(1)This Act may be cited as the Midland Metro Act 1993.

(2)The [1989 c. xv.] Midland Metro Act 1989, the [1991 c. ii.] Midland Metro (Penalty Fares) Act 1991, the Midland Metro Act 1992, the [1992 c. viii.] Midland Metro (No. 2) Act 1992 and this Act may be cited together as the Midland Metro Acts 1989 to 1993.

2Interpretation

(1)In this Act, unless the context otherwise requires, the several words and expressions to which meanings are assigned by the Acts wholly or partly incorporated herewith have the same respective meanings; and—

  • Act of 1989” means the Midland Metro Act 1989;

  • No. 1 Act of 1992” means the Midland Metro Act 1992;

  • No. 2 Act of 1992” means the Midland Metro (No. 2) Act 1992;

  • No. 2 Act of 1993” means the Act for which the [1993 c. vi.] Midland Metro (No. 3) Bill was deposited in the Session of Parliament 1991/92;

  • “authorised railway” means any railway authorised by this Act including, where the context so admits, any railway adapted for use as part of the Metro;

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

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

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

  • “Metro” means the light rail transit system comprising the railways authorised by the Midland Metro Acts 1989 to 1993, including such railways designated as tramways, and all works and conveniences provided in connection with any of those railways, as that system is constructed, extended or altered from time to time;

  • “statutory undertakers” means a licence holder under Part I of the [1989 c. 29.] Electricity Act 1989, a public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986 and a water undertaker within the meaning of the [1991 c. 56.] Water Industry Act 1991, or any of them as the case may be;

  • “street” has the meaning given by section 329 of the [1980 c. 66.] Highways Act 1980 and includes a bridleway, cycle track or footpath as defined in the said section 329 and any way laid out or used as a cycleway;

  • “tramway” means a railway, or any part of a railway, authorised by the Midland Metro Acts 1989 to 1993 and therein designated as a tramway;

and the following expressions have the same meanings as in the Act of 1989:—

  • “the Act of 1845”;

  • “the Act of 1965”;

  • “enactment”;

  • “the Executive”;

  • “land”.

(2)Unless the context otherwise requires, any reference in this Act to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Act.

(3)(a)In this Act, except as mentioned in paragraph (b) below, all distances and lengths stated in any descriptions of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length, and distances between points on a railway shall be taken to be measured along the railway.

(b)This subsection does not apply to distances or lengths stated in section 5 (Power to deviate) of this Act.

(4)Any reference in this Act to rights over land includes reference to the right to do or to place and maintain anything in, on or under the land, or in the air space above its surface.

(5)Reference in this Act to access to any place includes egress from that place.

3Incorporation or application of enactments

(1)The following provisions of the Act of 1989 (which incorporate or apply enactments for the purposes of that Act) shall, so far as they have effect at the commencement of this Act, have effect as if the references in those provisions to that Act included this Act:—

  • section 3 (Incorporation and application of enactments relating to railways);

  • section 4 ([1870 c. 78.] Application of Tramways Act 1870);

  • section 5 ([1950 c. 39.] [1984 c. 27.] Application of provisions of Public Utilities Street Works Act 1950 and Road Traffic Regulation Act 1984); and

  • section 6 ([1965 c. 56.] Application of Part I of Compulsory Purchase Act 1965).

(2)In accordance with section 20 (2) of the [1978 c. 30.] Interpretation Act 1978, the reference in subsection (1) above to section 5 of the Act of 1989 is to that section as amended by section 14 (Amendment of Act of 1989 consequential on New Roads and Street Works Act 1991) of this Act.

Part IIWorks

4Additional and substituted works and powers exercisable in Solihull

(1)Subject to the provisions of this Act the Executive may—

(a)in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections, make and maintain the works in the Metropolitan Borough of Solihull and in the Borough of North Warwickshire in the County of Warwickshire specified in Part I of Schedule 1 to this Act, with all necessary works and conveniences connected therewith; and

(b)in so far as the same are shown on the deposited plans and sections, in the lines or situations and according to the levels so shown, carry out the further works, with all necessary works and conveniences connected therewith, and exercise the further powers, in the Metropolitan Borough of Solihull and in the Borough of North Warwickshire in the County of Warwickshire described in Part II of the said Schedule 1.

(2)The Executive shall cease to have the powers to make and maintain the works, or to exercise the further powers, in the Metropolitan Borough of Solihull specified in Part III of the said Schedule 1.

5Power to deviate

In the execution of the authorised works the Executive may, except as may be otherwise provided by this Act, deviate from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation, and deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient.

6Level crossings

(1)The Executive may carry the authorised railways with a single or double line across and on the level of each of the highways specified in Schedule 2 to this Act.

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

7Plans to be approved by Secretary of State

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

(a)permanent way or track and stations;

(b)signalling; and

(c)lighting.

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

8Application of works provisions of Midland Metro Acts

(1)The following provisions of the Act of 1989 and the No. 1 Act of 1992 relating to works shall, subject to the modifications specified in subsection (2) below and any other necessary modifications, apply to the works authorised by this Act as they apply to works authorised by those Acts:—

In the Act of 1989—

  • section 9 (Requirements applicable to tramways);

  • section 12 (Provision of accommodation for apparatus);

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

  • section 17 (Transport consultative committee);

  • section 18 (Temporary stoppage of highways);

  • section 20 (Stopping up streets and footpaths in case of

  • diversion or substitution);

  • section 21 (Provisions as to repair of streets, footpaths, etc.);

  • section 22 (Underpinning of houses near works);

  • section 23 (Use of sewers, etc., for removing water);

  • section 24 (Attachment of brackets, etc., to buildings for

  • purposes of works); and

  • section 25 (Provisions as to use of electrical energy):

  • In the No. 1 Act of 1992—

    • subsection (3) of section 4 (Power to make works);

    • subsections (2) to (7) of section 5 (Further works and powers);

  • section 6 (Subsidiary works); and

  • subsection (3) of section 8 (Level crossings).

(2)For the purposes of this section—

(a)in the said section 9 of the Act of 1989, for the reference in subsection (3)(a)(ii) to section 8(4) of that Act, there shall be substituted reference to section 5 (4) of the No. 1 Act of 1992 as applied in this Act;

(b)in the said section 12 of the Act of 1989, for the reference to section 11 of that Act, there shall be substituted reference to section 6 of the No. 1 Act of 1992 as applied in this Act;

(c)in the said section 18 of the Act of 1989—

(i)for the reference to streets within the meaning of that Act, there shall be substituted reference to streets within the meaning of this Act; and

(ii)for the references to the limits of deviation and to the deposited plans within the meaning of that Act, there shall be substituted references to the limits of deviation and the deposited plans within the meaning of this Act;

(d)in subsection (1) of the said section 23 of the Act of 1989, for the reference to the limits of deviation within the meaning of that Act, there shall be substituted reference to the limits of deviation within the meaning of this Act;

(e)in the said section 6 of the No. 1 Act of 1992, for the reference to the limits of deviation within the meaning of that Act, there shall be substituted reference to the limits of deviation within the meaning of this Act; and

(f)in subsection (3) of the said section 8 of the No. 1 Act of 1992, for the reference to subsection (1) of that section, there shall be substituted reference to subsection (1) of section 6 of this Act.

Part IIILands

9Power to acquire lands

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

(a)so much of the lands delineated on the deposited plans and described in the deposited book of reference as they may require for the purposes of the authorised works or for any purpose connected with, or ancillary to, their undertaking; and

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

10Temporary possession of lands

(1)Subject to the provisions of this section the Executive may take temporary possession of and use any of the land within the limits of deviation for any of the authorised works for the provision of working sites and access for construction purposes.

(2)Not less than 28 days before entering upon and taking temporary possession of any land under this section the Executive shall give notice to the owners and occupiers of the land.

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

(b)Before giving up possession of any such land, the Executive shall remove all temporary works and restore the land to the reasonable satisfaction of its owners and occupiers.

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

(5)(a)The Executive shall compensate the owners and occupiers of any land of which they take temporary possession under this section for any loss or damage which may result to them by reason of the exercise of the powers of this section in relation to that land.

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

(6)Every case of compensation to be ascertained under this section shall be ascertained under the provisions of the [1961 c. 33.] Land Compensation Act 1961.

11Application of land purchase provisions of Act of 1989

(1)The following provisions of the Act of 1989 relating to the acquisition of lands or rights thereover shall, subject to the modifications specified in subsection (2) below and any other necessary modifications, apply for the purposes of this Act to the lands delineated on the deposited plans and described in the deposited book of reference as they apply for the purposes of that Act to the lands referred to in those provisions:—

  • section 27 (Extinction of private rights of way);

  • section 28 (Power to acquire new rights);

  • section 29 (Acquisition of part only of certain properties);

  • section 30 (Disregard of recent improvements and interests);

  • section 31 (Set-off for enhancement in value of retained land);

  • section 33 (Correction of errors in deposited plans and book of reference); and

  • Schedule 5—adaptation of Part I of the [1965 c. 56.] Compulsory Purchase Act 1965.

(2)For the purposes of this section—

(a)in subsection (2) of the said section 28, for the reference to the works authorised by the Act of 1989, there shall be substituted reference to the works authorised by this Act;

(b)in the said section 31, any reference to works authorised by the Act of 1989 shall include reference to works authorised by the No. 1 Act of 1992, the No. 2 Act of 1992 and this Act; and

(c)in the said section 33, for references to the deposited plans and the deposited book of reference within the meaning of the Act of 1989, there shall be substituted references to the deposited plans and the deposited book of reference within the meaning of this Act.

12Period of compulsory purchase of lands or rights

(1)The powers of the Executive for the compulsory acquisition of the lands and rights which they are authorised to acquire by this Part of this Act shall not be exercised after the expiration of five years from the passing of this Act.

(2)The powers of the Executive for the compulsory acquisition of the said lands and rights shall, for the purposes of this section, be deemed to have been exercised if notice to treat has been served in respect of those lands and rights.

Part IVProtective provisions

13Application of protective provisions of Midland Metro Acts

(1)The following protective provisions of the Act of 1989 and the No. 1 Act of 1992 shall, so far as applicable and subject to the modifications specified in subsection (2) below and any other necessary modifications, apply for the purposes of this Act as they apply for the purposes of those Acts:—

  • in the Act of 1989—

    • section 36 (Notice to police);

    • section 37 (As to highways, traffic, etc.);

    • section 40 (For protection of public sewers);

    • section 41 (For protection of certain statutory undertakers);

    • section 42 (For protection of telecommunications operators);

    • and

    • section 43 (Crown rights);

  • in the No. 1 Act of 1992—

    • section 21 (For protection of National Rivers Authority).

(2)For the purposes of this section—

(a)in the said section 36 of the Act of 1989, after the word “police” there shall be inserted the words “and to the fire authority”; and

(b)in the said section 41 of the Act of 1989, for the reference to statutory undertakers as defined in the Act of 1989 there shall be substituted reference to statutory undertakers as defined in this Act.

Part VGeneral

14Amendment of Act of 1989 consequential on New Roads and Street Works Act 1991

The Act of 1989 shall have effect subject to the following amendments consequential on the coming into operation of provisions of the [1991 c. 22.] New Roads and Street Works Act 1991:—

(1)For subsections (1) to (3) of section 5 (application of street works code) there shall be substituted the following:—

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

(2)In subsection (5) of section 5, for the words “a highway authority” there shall be substituted the words “the traffic authority”.

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

15Arbitration

Where under this Act any difference (other than a difference to which the provisions of the Act of 1965 apply) is to be determined by arbitration, then, unless otherwise provided, the difference shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed, on the application of either party (after notice in writing to the other), by the President of the Institution of Civil Engineers.

16Planning permission

(1)Subject to subsection (2) below, in its application to development authorised by this Act, the planning permission specified in subsection (3) below shall have effect as if the authority to develop given by this Act were limited to development begun within 10 years after the passing of this Act.

(2)Subsection (1) above shall not apply to the carrying out of any development consisting of the alteration, renewal, maintenance or repair of the authorised works or the substitution of new works therefor.

(3)The planning permission referred to in subsection (1) above is that granted for development permitted by article 3 of, and Class A in Part 11 of Schedule 2 to, the [S.I. 1988/1813.] Town and Country Planning General Development Order 1988 (which permits development authorised by private Act designating specifically both the nature of the development thereby authorised and the land on which it may be carried out).

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