The Nottingham Express Transit System Order 2009

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Application of enactments relating to railways

   4. 4. Application of 1991 Act

3. PART 2 WORKS PROVISIONS

   1. Principal powers

      1. 5. Power to construct and maintain works

      2. 6. Power to deviate

      3. 7. Designation of works

   2. Streets

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

      2. 9. Power to keep apparatus in streets

      3. 10. Power to execute street works

      4. 11. Stopping up of streets and extinguishment of rights

      5. 12. Temporary stopping up of streets

      6. 13. Access to works

      7. 14. Construction and maintenance of new, altered or diverted streets

      8. 15. Construction of bridges and tunnels

      9. 16. Restoration of streets if street tramway discontinued

      10. 17. Agreements with street authorities

      11. 18. New road crossings

   3. Supplemental powers

      1. 19. Attachment of equipment to buildings

      2. 20. Temporary closure of, and works in, waterways

      3. 21. Discharge of water

      4. 22. Safeguarding works to buildings

      5. 23. Power to construct temporary street tramway

      6. 24. Planning permission: supplementary matters

      7. 25. Power to survey and investigate land, etc.

      8. 26. Mode of construction and operation of authorised tramway

      9. 27. Obstruction of construction of authorised works

      10. 28. Removal of human remains

4. PART 3 ACQUISITION AND POSSESSION OF LAND

   1. Powers of acquisition

      1. 29. Power to acquire land

      2. 30. Application of Part 1 of the Compulsory Purchase Act 1965

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

      4. 32. Power to acquire new rights

      5. 33. Power to acquire subsoil only

      6. 34. New rights only to be acquired in certain lands

      7. 35. Rights under or over streets

   2. Temporary possession of land

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

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

   3. Compensation

      1. 38. Disregard of certain interests and improvements

      2. 39. Set-off for enhancement in value of retained land

   4. Supplementary

      1. 40. Acquisition of part of certain properties

      2. 41. Extinction or suspension of private rights of way

      3. 42. Open space in the City of Nottingham

      4. 43. Open space in the Borough of Broxtowe

      5. 44. Open space in the Borough of Rushcliffe

      6. 45. Time limit for exercise of powers of acquisition

5. PART 4 OPERATION OF THE AUTHORISED TRAMWAY

   1. 46. Power to operate and use authorised tramway

   2. 47. Power to charge fares

   3. 48. Removal of obstructions

   4. 49. Traffic signs

   5. 50. Traffic regulation

   6. 51. Power to lop trees overhanging authorised tramway

   7. 52. Trespass on the authorised tramroad

   8. 53. Power to make byelaws

   9. 54. Power to contract for police services

   10. 55. Powers of disposal, agreements for operation, etc.

   11. 56. Application of landlord and tenant law

   12. 57. Tramcars deemed public service vehicles

   13. 58. Substitute road services

6. PART 5 PENALTY FARES

   1. 59. Interpretation of Part 5

   2. 60. Operation of Part 5

   3. 61. Penalty fares

   4. 62. Amount of penalty fare

   5. 63. Document to be issued in connection with penalty fare requirement

   6. 64. Notice of penalty fare provisions

   7. 65. Supplementary provisions

   8. 66. Exclusion of double liability

7. PART 6 PROTECTIVE PROVISIONS

   1. 67. Statutory undertakers, etc.

   2. 68. Minerals

   3. 69. Saving for highway authorities

   4. 70. Arrangements with highway authorities

   5. 71. For protection of the Environment Agency

   6. 72. For protection of electricity, gas, water and sewerage undertakers

   7. 73. For protection of British Waterways Board

   8. 74. For protection of railway interests

   9. 75. For protection of Borough Councils

8. PART 7 MISCELLANEOUS AND GENERAL

   1. 76. Street and market traders

   2. 77. Disclosure of confidential information

   3. 78. Defence to proceedings in respect of statutory nuisance

   4. 79. Certification of plans, etc.

   5. 80. Service of notices

   6. 81. No double recovery

   7. 82. Arbitration

   8. 83. Repeals of the 1994 Act

   9. 84. Application to Line One

   10. 85. Agreements and undertakings connected with the 1994 Act or the construction or maintenance of Line One

   11. 86. Acquisition of land required for the further development or extension of the authorised tramway and Line One

   12. 87. Greater Nottingham Light Rapid Transit Advisory Committee

   13. 88. Existing local railway legislation

9. Signature

10. SCHEDULES

    1. Schedule 1

       Scheduled works

    2. Schedule 2

       Additional land which may be acquired or used

    3. Schedule 3

       Streets subject to alteration of layout

       1. Part 1 Highways subject to alteration of layout

       2. Part 2 Footpaths and bridleways subject to alteration of layout

    4. Schedule 4

       Streets to be permanently stopped up

       1. Part 1 Highways for which a substitute is to be provided

       2. Part 2 Footpaths and bridleways for which a substitute is to be provided

       3. Part 3 Highways for which no substitute is to be provided

       4. Part 4 Footpaths and bridleways for which no substitute is to be provided

    5. Schedule 5

       Streets to be temporarily stopped up

       1. Part 1 Highways to be temporarily stopped up

       2. Part 2 Footpaths and bridleways to be temporarily stopped up

    6. Schedule 6

       Land not to be acquired compulsorily

    7. Schedule 7

       Modification of compensation and compulsory purchase enactments for creation of new rights

    8. Schedule 8

       Acquisition of new rights only

    9. Schedule 9

       Land of which temporary possession may be taken

    10. Schedule 10

        Traffic regulation

        1. Part 1 Stopping, waiting, loading or unloading

        2. Part 2 Parking places

        3. Part 3 Direction of traffic

        4. Part 4 Vehicular access

    11. Schedule 11

        Provisions relating to statutory undertakers, etc.

    12. Schedule 12

        For protection of electricity, gas, water and sewerage undertakers

    13. Schedule 13

        For protection of British Waterways Board

    14. Schedule 14

        For protection of railway interests

    15. Schedule 15

        Repeals of the 1994 Act

        1. Part 1 Enactments within the 1994 Act repealed with immediate effect

        2. Part 2 Enactments within the 1994 Act repealed when Line One is first operated pursuant to an agreement made under article 55

        3. Part 3 Enactments within the 1994 Act repealed when all land occupied pursuant to powers of compulsory acquisition granted by the 1994 Act has been compulsorily acquired by the promoter

    16. Schedule 16

        Application to Line One

    17. Schedule 17

        Agreements and undertakings connected with the 1994 Act or the construction or maintenance of Line One

11. Explanatory Note