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The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application of New Roads and Street Works Act 1991

    4. 4.Incorporation of the Railways Clauses Consolidation Act 1845

    5. 5.Application of the Midland Metro Acts

  3. PART 2 WORKS PROVISIONS

    1. Principal powers

      1. 6.Power to construct and maintain works

      2. 7.Power to deviate, etc.

      3. 8.Designation of works

    2. Streets

      1. 9.Power to alter layout, etc. of streets

      2. 10.Power to keep apparatus in streets

      3. 11.Power to execute street works

      4. 12.Permanent stopping up of means of access

      5. 13.Temporary stopping up of streets

      6. 14.Access to works

      7. 15.Construction and maintenance of new or altered highways

      8. 16.Construction and alteration of bridges

      9. 17.Restoration of streets if street tramway discontinued

      10. 18.Agreements with street authorities

    3. Supplemental powers

      1. 19.Discharge of water

      2. 20.Attachment of equipment to buildings for purposes of tramway

      3. 21.Safeguarding works to buildings

      4. 22.Power to construct temporary tramways

      5. 23.Power to survey and investigate land

      6. 24.Mode of construction and operation of tramway

  4. PART 3 ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 25.Power to acquire land

      2. 26.Application of Part I of Compulsory Purchase Act 1965

      3. 27.Application of Compulsory Purchase (Vesting Declarations) Act 1981

      4. 28.Powers to acquire new rights

      5. 29.Rights under or over streets

    2. Temporary possession of land

      1. 30.Temporary use of land for construction of works

      2. 31.Temporary use of land for maintenance of works

      3. 32.Temporary use of land for carrying out of accommodation and mitigation works

    3. Compensation

      1. 33.Disregard of certain interests and improvements

    4. Supplementary

      1. 34.Acquisition of part of certain properties

      2. 35.Extinction or suspension of rights of way

      3. 36.Time limit for exercise of powers of acquisition

  5. PART 4 OPERATION OF TRAMWAY SYSTEM

    1. 37.Power to operate and use tramway system

    2. 38.Maintenance of approved works, etc.

    3. 39.Power to charge fares

    4. 40.Traffic signs

    5. 41.Tree Preservation Orders

    6. 42.Obstruction of construction of authorised works

    7. 43.Traffic regulation

  6. PART 5 MISCELLANEOUS AND GENERAL

    1. 44.Planning permission: supplementary matters

    2. 45.Statutory undertakers, etc.

    3. 46.Minerals

    4. 47.Saving for highway authorities

    5. 48.Certification of plans, etc.

    6. 49.Service of notices

    7. 50.No double recovery

    8. 51.Disclosure of confidential information

    9. 52.Withholding of consent

    10. 53.Arbitration

    11. 54.Protective provisions for Network Rail and British Waterways Board

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      SCHEDULED WORKS

    2. SCHEDULE 2

      ACQUISITION OF LAND, ETC. OUTSIDE LIMITS OF DEVIATION

      1. PART 1 ACQUISITION OF LAND

      2. PART 2 ACQUISITION OF RIGHTS ONLY

    3. SCHEDULE 3

      STREETS SUBJECT TO ALTERATION OF LAYOUT

    4. SCHEDULE 4

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without prejudice to the generality of paragraph 1, the...

      2. Adaptation of the 1965 Act

        1. 3.(1) The 1965 Act shall have effect with the modifications...

        2. 4.For section 7 of the 1965 Act (measure of compensation)...

        3. 5.For section 8 of the 1965 Act (provisions as to...

        4. 6.The following provisions of the 1965 Act (which state the...

        5. 7.Section 11 of the 1965 Act (powers of entry) shall...

        6. 8.Section 20 of the 1965 Act (protection for interests of...

        7. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

    5. SCHEDULE 5

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    6. SCHEDULE 6

      TRAFFIC REGULATION

      1. PART 1 PROHIBITION OR RESTRICTION OF WAITING AND LOADING/UNLOADING

        1. Table A

          No waiting at any time except for loading or unloading a vehicle

        2. Table B

          No waiting, loading or unloading at any time

        3. Table C

          No waiting, loading or unloading at any time except within designated loading bays specified in Tables F and G below and to the extent so specified

        4. Table D

          No waiting at any time except within designated taxi bay specified in Table H below and to the extent so specified and no loading or unloading at any time

        5. Table E

          24 Hour loading bay: no waiting at any time except for loading and unloading a vehicle

        6. Table F

          Loading bay: no waiting at any time except for loading or unloading a vehicle before 10.00 am and after 6.00 pm

        7. Table G

          Loading bay: no waiting at any time except for loading and unloading a vehicle from 10.00 am to 12.00 midday and from 2.00 pm to 4.00 pm

        8. Table H

          Taxi bay: no waiting at any time except for picking up or setting down of passengers travelling by hackney carriage

      2. PART 2 DIRECTION OF TRAFFIC

        1. Table I

          One-way except for pedal cycles and tramcars

        2. Table J

          One-way with contra-flow for pedal cycles

        3. Table K

          One-way except for tramcars

        4. Table L

          Prescribed left turn only

        5. Table M

          No left turn

        6. Table N

          Prescribed ahead only

        7. Table O

          No right turn

      3. PART 3 RESTRICTION ON REMAINING STATIONARY IN ROAD

        1. Table P

          Yellow box junction

      4. PART 4 PROHIBITION OF ACCESS

        1. Table Q

          No passage of vehicular traffic except tramcars, buses, hackney carriages and access to off-street areas

        2. Table R

          No passage of vehicular traffic except buses, hackney carriages and access to off-street areas

        3. Table S

          No passage of vehicular traffic except tramcars

        4. Table T

          No passage of vehicular traffic except (a) tramcars, (b) buses and (c) access to on street loading between 10.00 am to 12.00 midday and from 2.00 pm to 4.00 pm

        5. Table U

          No passage of vehicular traffic

        6. Table V

          No passage of vehicular traffic except for (a) tramcars (b) access to on-street loading before 10.00 am and after 6.00 pm and (c) access to off-street areas and to the Britannia and Burlington hotels at anytime

        7. Table W

          No passage of vehicular traffic except for (a) access to on-street loading before 10.00 am and after 6.00 pm and (b) access to off-street areas and to the Britannia hotel at any time

        8. Table X

          No passage of vehicular traffic except for (a) tramcars, (b) access to off-street areas at any time and (c) access to on-street loading before 10.00 am or after 6.00 pm

        9. Table Y

          No passage of vehicular traffic except for access to off-street areas at any time and to 24 hour on-street loading

        10. Table Z

          No passage of vehicular traffic exceeding a height of 4.4 metres except tramcars

        11. Table ZZ

          No passage of vehicular traffic exceeding a height of 4.6 metres except tramcars

    7. SCHEDULE 7

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

      1. Apparatus of statutory undertakers, etc. on land acquired

        1. 1.(1) Subject to the following provisions of this paragraph, sections...

      2. Application of electronic communications code

        1. 2.(1) Paragraph 21 of the electronic communications code shall not...

    8. SCHEDULE 8

      PROTECTIVE PROVISIONS

      1. PART 1 FOR PROTECTION OF NETWORK RAIL

        1. 1.The following provisions of this Part of this Schedule shall...

        2. 2.In this Part of this Schedule— “construction” includes execution, placing,...

        3. 3.(1) The undertaker shall not exercise the powers conferred by...

        4. 4.(1) The undertaker shall, before commencing construction of any specified...

        5. 5.(1) Any specified work and any protective works to be...

        6. 6.The undertaker shall— (a) at all times afford reasonable facilities...

        7. 7.Network Rail shall at all times afford reasonable facilities to...

        8. 8.(1) If any alterations or additions, either permanent or temporary,...

        9. 9.The undertaker shall repay to Network Rail all reasonable fees,...

        10. 10.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        11. 11.(1) If at any time after the completion of a...

        12. 12.The undertaker shall not provide any illumination or illuminated sign...

        13. 13.Any additional expenses which Network Rail may reasonably incur in...

        14. 14.(1) The undertaker shall pay to Network Rail all reasonable...

        15. 15.Network Rail shall, on receipt of a request from the...

        16. 16.In the assessment of any sums payable to Network Rail...

        17. 17.The undertaker and Network Rail may, subject in the case...

      2. PART 2 FOR PROTECTION FOR BRITISH WATERWAYS BOARD

        1. 1.(1) For the protection of BW the following provisions of...

        2. Interpretation

        3. Powers requiring BW’s consent

          1. 2.(1) The undertaker shall not under the powers conferred by...

        4. Vehicles, plant and machinery

          1. 3.The undertaker shall not use any land or property of...

        5. Closure of towing paths, etc.

          1. 4.If in consequence of or in connection with the exercise...

        6. Fencing

          1. 5.Where so required by the engineer the undertaker shall to...

        7. Survey of waterway

          1. 6.(1) Before the commencement of the initial construction of any...

        8. Approval of plans, protective works etc.

          1. 7.(1) The undertaker shall before commencing construction of any specified...

        9. Design of works

          1. 8.Without prejudice to its obligations under the foregoing provisions of...

        10. Notice of works

          1. 9.The undertaker shall give to the engineer 56 days' notice...

        11. Lighting

          1. 10.The undertaker shall provide and maintain at its own expense...

        12. Construction of specified works

          1. 11.(1) Any specified or protective works shall, when commenced, be...

        13. Prevention of pollution

          1. 12.The undertaker shall not in the course of constructing a...

        14. Access to work: provision of information

          1. 13.(1) The undertaker on being given reasonable notice shall—

        15. Alterations to waterway

          1. 14.(1) If during the construction of a specified work or...

        16. Maintenance of works

          1. 15.If at any time after the completion of a specified...

        17. Repayment of BW’s fees, etc.

          1. 16.The undertaker shall repay to BW all fees, costs, charges...

        18. Costs of alterations, etc.

          1. 17.Any additional expenses which BW may reasonably incur in altering,...

        19. Making good of detriment; compensation and indemnity, etc.

          1. 18.(1) If any detriment shall be caused by the construction...

        20. Details of capitalised sums to be provided

          1. 19.If BW or the undertaker cannot jointly agree the formula...

        21. Arbitration

          1. 20.Any difference arising between the undertaker and BW under this...

  9. Explanatory Note

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