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The Nottingham Express Transit System Order 2009

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  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

      1. Compensation enactments

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

        2. 2.(1) Without limiting the scope of paragraph 1, the Land...

      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...

    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. Interpretation

      2. PART 1 STOPPING, WAITING, LOADING OR UNLOADING

      3. PART 2 PARKING PLACES

      4. PART 3 DIRECTION OF TRAFFIC

      5. PART 4 VEHICULAR ACCESS

    11. SCHEDULE 11

      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. Apparatus of statutory undertakers, etc., in stopped up streets

        1. 2.(1) Where a street is stopped up under article 11...

    12. SCHEDULE 12

      FOR PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

      1. Interpretation

        1. 1.In this Schedule— “apparatus” means— in the case of a...

      2. Application of Schedule 11

        1. 2.Paragraphs 1(1) and 2 of Schedule 11 (provisions relating to...

      3. Apparatus in stopped up streets

        1. 3.Where any street is stopped up under article 11 (stopping...

        2. 4.The promoter shall give not less than 28 days' notice...

      4. On-street apparatus

        1. 5.This Schedule shall not apply to anything done or proposed...

      5. Acquisition of land

        1. 6.The promoter shall not acquire any apparatus from a specified...

        2. 7.The promoter may in exercise of the powers conferred by...

      6. Removal of apparatus

        1. 8.Paragraphs 9 to 12 apply where— (a) the promoter requires...

        2. 9.The promoter shall, if it is practicable to do so,...

        3. 10.The obligation imposed upon the specified undertaker by paragraph 9...

        4. 11.Any alternative apparatus to be constructed by the specified undertaker...

        5. 12.The specified undertaker shall, after the manner of construction and...

      7. Removal of apparatus and construction of alternative apparatus by the promoter

        1. 13.Paragraphs 14 to 16 apply to so much of the...

        2. 14.If the promoter gives notice in writing to the specified...

        3. 15.In carrying out any work under paragraph 14 the promoter...

        4. 16.Nothing in paragraph 14 shall authorise the promoter to carry...

      8. Facilities and rights for alternative apparatus

        1. 17.Where, in accordance with the provisions of this Schedule, the...

        2. 18.In determining the terms and conditions mentioned in paragraph 17...

        3. 19.If the facilities and rights to be afforded by the...

      9. Retained apparatus: protection and plan approval

        1. 20.Not less than 56 days before commencing to construct or...

        2. 21.In relation to a work which is a specified work...

        3. 22.The promoter shall not commence the construction or renewal of...

        4. 23.Any approval of the specified undertaker required under paragraph 22—...

        5. 24.In relation to a work to which paragraph 21 applies,...

        6. 25.A specified work shall be constructed (and in the case...

        7. 26.If within 42 days after the submission to it of...

        8. 27.Nothing in paragraph 20 or 26 shall preclude the promoter...

        9. 28.The promoter shall not be required to comply with paragraph...

        10. 29.Nothing in paragraph 28 shall entitle the promoter to carry...

      10. Co-operation

        1. 30.Where in consequence of the proposed construction of any of...

      11. Access

        1. 31.If in consequence of the exercise of the powers conferred...

      12. Expenses

        1. 32.Subject to the provisions of the following paragraphs of this...

        2. 33.There shall be deducted from any sum payable under paragraph...

        3. 34.If in pursuance of the provisions of this Schedule—

        4. 35.For the purposes of paragraph 34— (a) an extension of...

        5. 36.An amount which apart from this paragraph would be payable...

        6. 37.In any case where work is carried out by the...

      13. Indemnity

        1. 38.If, by reason or in consequence of the construction, maintenance...

        2. 39.Nothing in paragraph 38 shall impose any liability on the...

        3. 40.The specified undertaker shall give to the promoter reasonable notice...

      14. Exercise of safeguarding and survey powers

        1. 41.The promoter shall, so far as is reasonably practicable, so...

        2. 42.The promoter shall not, in the exercise of the powers...

      15. Arbitration

        1. 43.Any difference arising between the promoter and a specified undertaker...

      16. Transfer of functions

        1. 44.The promoter shall give notice to every specified undertaker if...

        2. 45.The obligation to give notice under paragraph 44 to a...

      17. Notices

        1. 46.Any notice in writing to be given by the promoter...

      18. Accommodation or other facilities

        1. 47.The following provisions of this paragraph shall have effect for...

    13. SCHEDULE 13

      FOR PROTECTION OF BRITISH WATERWAYS BOARD

      1. 1.For the protection of the British Waterways Board the following...

      2. Interpretation

        1. 2.In this Schedule— “the Board” means the British Waterways Board;...

      3. Powers requiring the Board’s consent

        1. 3.(1) The promoter shall not under the powers conferred by...

      4. Vehicles, plant and machinery

        1. 4.(1) The promoter shall not use any land or property...

      5. Closure of towing paths, etc.

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

      6. Fencing

        1. 6.Where so required by the engineer the promoter shall to...

      7. Survey of waterway

        1. 7.(1) Before the commencement of the initial construction of any...

      8. Approval of plans, protective works, etc.

        1. 8.(1) The promoter shall before commencing construction of any specified...

      9. Design of works

        1. 9.Without affecting its obligations under the foregoing provisions of this...

      10. Programming and notice of works

        1. 10.On or before 1st June in any year the promoter...

        2. 11.The promoter shall give to the engineer not less than...

        3. 12.Except in case of emergency the promoter shall exercise the...

      11. Lighting

        1. 13.The promoter shall provide and maintain at its own expense...

      12. Construction of specified works

        1. 14.(1) Any specified or protective work shall, when commenced, be...

        2. 15.(1) Any pile, stump or other obstruction which becomes exposed...

      13. Prevention of pollution

        1. 16.The promoter shall not in the course of constructing a...

      14. Access to work: provision of information

        1. 17.(1) The promoter, on being given reasonable notice, shall—

      15. Costs of alterations, etc.

        1. 18.Any additional expenses which the Board may reasonably incur in...

      16. Alterations to waterway

        1. 19.(1) If during the construction of a specified work or...

      17. Removal of temporary works and material

        1. 20.(1) The promoter shall upon completion of any part of...

      18. Maintenance of works

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

      19. Repayment of the Board’s fees, etc.

        1. 22.The promoter shall repay to the Board all fees, costs,...

      20. Making good of detriment: compensation and indemnity, etc.

        1. 23.(1) If any detriment shall be caused by the construction...

      21. Details of capitalised sums to be provided

        1. 24.Where under any provision of this Schedule the Board or...

      22. Arbitration

        1. 25.Any difference arising between the promoter and the Board under...

    14. SCHEDULE 14

      FOR PROTECTION OF RAILWAY INTERESTS

      1. 1.The following provisions shall have effect, unless otherwise agreed in...

      2. 2.In this Schedule— “construction” includes execution, placing, alteration and reconstruction...

      3. 3.(1) Where under this Schedule Network Rail is required to...

      4. 4.(1) The promoter shall not exercise the powers conferred by...

      5. 5.(1) The promoter shall before commencing construction of any specified...

      6. 6.(1) Any specified work and any protective works to be...

      7. 7.The promoter shall— (a) at all times afford reasonable facilities...

      8. 8.Network Rail Infrastructure Limited shall at all times afford reasonable...

      9. 9.(1) If any permanent or temporary alterations or additions to...

      10. 10.The promoter shall repay to Network Rail Infrastructure Limited all...

      11. 11.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

      12. 12.If at any time after the completion of a specified...

      13. 13.The promoter shall not provide any illumination or illuminated sign...

      14. 14.Any additional expenses which Network Rail Infrastructure Limited may reasonably...

      15. 15.(1) The promoter shall pay to Network Rail Infrastructure Limited...

      16. 16.Network Rail Infrastructure Limited shall, on receipt of a request...

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

      18. 18.The promoter and Network Rail Infrastructure Limited may, subject in...

      19. 19.Nothing in this Order, or in any enactment incorporated with...

      20. 20.The promoter shall give written notice to Network Rail if...

      21. 21.The promoter shall, no later than 28 days from the...

    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

        1. Enactments Repealed

      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

      1. 1.On the coming into force of this Order, article 55...

      2. 2.(a) From the beginning of the day on which, pursuant...

      3. 3.The provisions of this Order referred to in paragraph 2...

      4. 4.In the application to Line One of any of the...

      5. 5.The reference in article 19 (attachment of equipment to buildings)...

      6. 6.In paragraph 5 “the relevant owner” means—

      7. 7.Sub-paragraphs (d), (e) and (f) of paragraph 5 shall apply...

      8. 8.In respect of the application of Part 5 of this...

      9. 9.In respect of the application of article 88 (existing local...

      10. 10.In their application to Line One, in sub-paragraphs 47(c) to...

    17. SCHEDULE 17

      AGREEMENTS AND UNDERTAKINGS CONNECTED WITH THE 1994 ACT OR THE CONSTRUCTION OR MAINTENANCE OF LINE ONE

      1. Interpretation

        1. 1.In this Schedule “the Line One agreements” means the following...

      2. Application to this Order

        1. 2.Subject to the provisions of this Schedule, the Line One...

      3. References to provisions of the 1994 Act that are repealed and re-enacted by this Order

        1. 3.For the purposes of the application of section 17(2)(a) of...

      4. Effect of repeals on Line One agreements

        1. 4.Regardless of any provision in a Line One agreement to...

        2. 5.No reference in a Line One agreement to a person...

        3. 6.The references in the following Line One agreements to specified...

  11. Explanatory Note

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