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The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application of enactments relating to railways

    4. 4.Application of the 1991 Act

  3. PART 2

    1. Principal powers

      1. 5.Power to construct and maintain works

      2. 6.Power to deviate

    2. Streets

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

      2. 8.Power to keep apparatus in streets

      3. 9.Power to execute street works

      4. 10.Construction of new and stopping up of existing streets

      5. 11.Temporary stopping up of streets

      6. 12.Access to works

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

      8. 14.Agreements with street authorities

      9. 15.Guided busway highway crossings

    3. Supplemental powers

      1. 16.Temporary closure of and works in waterways

      2. 17.Discharge of water

      3. 18.Safeguarding works to buildings

      4. 19.Planning permission

      5. 20.Power to survey and investigate land, etc.

      6. 21.Mode of construction and operation of the harbour railway system

      7. 22.Obstruction of construction of authorised works

  4. PART 3

    1. Powers of acquisition

      1. 23.Power to acquire land

      2. 24.Application of Part 1 of the 1965 Act

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

      4. 26.Power to acquire new rights

      5. 27.Rights under or over streets

    2. Temporary possession of land

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

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

    3. Compensation

      1. 30.Disregard of certain interests and improvements

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

    4. Supplementary

      1. 32.Acquisition of part of certain properties

      2. 33.Extinguishment or suspension of private rights of way

      3. 34.Open space

      4. 35.Time limit for exercise of powers of acquisition

  5. PART 4

    1. 36.Power to operate and use transport systems

    2. 37.Power to charge fares

    3. 38.Removal of obstructions

    4. 39.Traffic signs

    5. 40.Traffic regulation

    6. 41.Power to lop trees overhanging transport systems

    7. 42.Trespass on the transport systems

    8. 43.Power to make byelaws

    9. 44.Power to contract for police services

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

    11. 46.Application of landlord and tenant law

    12. 47.Registration of busway services and substitute road services

  6. PART 5

    1. 48.Interpretation of Part 5

    2. 49.Operation of Part 5

    3. 50.Penalty fares

    4. 51.Amount of penalty fare

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

    6. 53.Notice of penalty fare provisions

    7. 54.Supplementary provisions

    8. 55.Exclusion of double liability

  7. PART 6

    1. 56.Statutory undertakers, etc.

    2. 57.Minerals

    3. 58.Saving for highway authorities

    4. 59.For protection of electricity, gas, water and sewerage undertakers

    5. 60.For protection of railway interests

  8. PART 7

    1. 61.Application of enactments

    2. 62.Disclosure of confidential information

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

    4. 64.Certification of plans, etc.

    5. 65.Service of notices

    6. 66.No double recovery

    7. 67.Arbitration

  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 FOOTPATH SUBJECT TO ALTERATION OF LAYOUT

    4. SCHEDULE 4

      STREETS TO BE STOPPED UP AND THE PROVISION OF SUBSTITUTES

      1. PART 1 FOOTPATHS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 FOOTPATH FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      3. PART 3 NEW FOOTPATHS

    5. SCHEDULE 5

      STREETS TO BE TEMPORARILY STOPPED UP

      1. PART 1 HIGHWAYS TO BE TEMPORARILY STOPPED UP

      2. PART 2 FOOTPATHS TO BE TEMPORARILY STOPPED UP

    6. SCHEDULE 6

      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 limitation on the scope of paragraph 1, the...

      2. Adaptation of the 1965 Act

        1. 3.(1) The 1965 Act has effect with the modifications necessary...

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

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

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

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

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

        7. 9.Section 22 of the 1965 Act (interests omitted from purchase)...

    7. SCHEDULE 7

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      TRAFFIC REGULATION

      1. PART 1 STOPPING, WAITING, LOADING OR UNLOADING

      2. PART 2 VEHICULAR ACCESS

      3. PART 3 BUS AND CYCLE LANES

    9. SCHEDULE 9

      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 10...

      3. Railway, navigation and tramway undertakings

        1. 3.(1) Subject to the following provisions of this paragraph, the...

    10. SCHEDULE 10

      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 9

        1. 2.Paragraphs 1(1) and 2 of Schedule 9 (provisions relating to...

      3. Apparatus in stopped up streets

        1. 3.Where any street is stopped up under article 10 (construction...

        2. 4.The promoter must give not less than 28 days’ notice...

      4. On-street apparatus

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

      5. Acquisition of land

        1. 6.The promoter must 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 must, 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, after the manner of construction and the...

      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 authorises the promoter to carry out...

      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 must 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 is to be constructed (and in the...

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

        8. 27.Nothing in paragraph 20 or 26 precludes the promoter from...

        9. 28.The promoter is not required to comply with paragraph 20...

        10. 29.Nothing in paragraph 28 entitles the promoter to carry out...

      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.The value of any apparatus removed under the provisions of...

        3. 34.If in accordance with 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 imposes any liability on the promoter...

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

      14. Exercise of safeguarding and survey powers

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

        2. 42.The promoter must 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 must 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...

    11. SCHEDULE 11

      FOR PROTECTION OF RAILWAY INTERESTS

      1. 1.The following provisions of this Schedule have effect, unless otherwise...

      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 must not exercise the powers conferred by...

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

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

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

      8. 8.Network Rail must at all times afford reasonable facilities to...

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

      10. 10.The promoter must repay to Network Rail all reasonable fees,...

      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 must not provide any illumination or illuminated sign...

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

      15. 15.(1) The promoter must pay to Network Rail all reasonable...

      16. 16.Network Rail must, on receipt of a request from the...

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

      18. 18.The promoter and Network Rail may, subject in the case...

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

      20. 20.The promoter must no later than 28 days from the...

  11. Explanatory Note

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