Midland Metro Act 1992

Part I Preliminary

1 Short title

this act may be cited as the midland metro act 1992.

2 Interpretation

(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—

• “the Act of 1989” means the [1989 c. xv.] Midland Metro Act 1989;

• “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;

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

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

• “the limits of deviation” means the limits so 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);

• “the Metro” means the light rail transit system comprising the railways authorised by the Act of 1989 and this Act, 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;

• “sewerage undertaker” has the same meaning as in the [1991 c. 56.] Water Industry Act 1991;

• “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 Act of 1989 or this Act and thereby designated as a tramway;

• “underground railways” means so much of Works Nos. 21, 27 and 31 and any works and conveniences connected therewith as are constructed in tunnels, whether bored tunnels or tunnels constructed in a manner which necessitates the cutting through or removal of surface soil;

and the following expressions have the same meanings as in the Act of 1989 (as amended by section 26 of this Act):—

• “the Act of 1845”;“the Act of 1950”;“the Act of 1965”;“enactment”;“the Executive”;“land”;“the railways board”;“statutory undertakers”;“telecommunications system”;“traffic sign”;“the tribunal”.

(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.

(s) (a) In this Act, except as mentioned in paragraph (b) below, all distances and lengths stated in any description 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 the following provisions of this Act:—

• section 7 (Power to deviate);

• subsection (4) of section 16 (Only subsoil or rights to be acquired in certain lands);

• paragraph (3) of section 20 (As to underground works affecting highways).

(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) References in this Act to access to any place shall include egress from that place.

3 Incorporation or application of enactments

The following provisions of the Act of 1989 which incorporate or apply enactments for the purposes of that Act shall 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 (Application of [1870 c. 78.] Tramways Act 1870);

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

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