The Blackpool Tramway (Blackpool North Extension) Order 2017

Power to make byelaws

44.—(1) The promoter may make byelaws regulating the use and operation of, and travel on, the authorised tram system, the maintenance of order on the authorised tram system and on tram system premises or other facilities provided in connection with the authorised tram system and the conduct of all persons, including employees of the promoter, while on the authorised tram system or on tram system premises.

(2) Without limitation on the scope of paragraph (1), byelaws under this article may make provision—

(a) with respect to tickets issued for travel on the authorised tram system, the payment of fares and charges and the evasion of payment of fares and charges;

(b) with respect to interference with, or obstruction of, the operation of the authorised tram system or other facilities provided in connection with the authorised tram system;

(c) with respect to access to and the carriage, use or consumption of anything on tram system premises;

(d) with respect to the prevention of nuisances on tram system premises;

(e) for regulating the passage of bicycles and other vehicles on ways and other places intended for the use of persons on foot within tram system premises;

(f) for the safe custody and re-delivery or disposal of any property accidentally left on tram system premises and for fixing the charges made in respect of any such property;

(g) for prohibiting or restricting the placing or leaving of any vehicle without its driver on any part of the authorised tram system or on tram system premises; and

(h) subject to article 18(5)(a), for regulating (but not requiring) the maintenance of the facades of buildings to which any equipment has been attached pursuant to article 18 (attachment of equipment to buildings) or which front onto the authorised tram system.

(3) In paragraphs (1) and (2) references to “tram system premises” are references to premises of the promoter used for or in connection with the operation of the authorised tram system including any depot or building and any tramcar.

(4) Byelaws under this article may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Without affecting the taking of proceedings for an offence included in byelaws by virtue of paragraph (4), if the contravention of, or failure to comply with, any byelaw under this article is attended with danger or annoyance to the public, or hindrance to the promoter in the operation of the tram system, the promoter may summarily take action to obviate or remove the danger, annoyance or hindrance.

(6) If, in accordance with an agreement entered into under article 46 (powers of disposal, agreements for operation, etc.), the power to make byelaws under this article is being exercised by any person other than Blackpool Borough Council, before making any byelaws that person must consult Blackpool Borough Council on the proposed byelaws.

(7) Byelaws under this article do not come into operation until they have been confirmed by the Secretary of State.

(8) At least 28 days before applying for any byelaws to be confirmed under this article, the promoter must publish in such manner as may be approved by the Secretary of State a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the time during which a copy of the byelaws will be open to public inspection; and any person affected by any of the byelaws may make representations on them to the Secretary of State within a period specified in the notice, being a period of not less than 28 days.

(9) For at least 28 days before an application is made under this article for byelaws to be confirmed, a copy of the byelaws must be kept at the principal office of the promoter and must at all reasonable hours be open to public inspection without payment.

(10) The promoter must, at the request of any person, supply that person with a copy of any such byelaws on payment of such reasonable sum as the promoter may determine.

(11) The Secretary of State may confirm with or without modification, or may refuse to confirm, any of the byelaws submitted under this article for confirmation and, as regards any byelaws so confirmed, may fix a date on which the byelaws come into operation; and if no date is so fixed the byelaws come into operation after the expiry of 28 days after the date on which they were confirmed.

(12) The Secretary of State may charge the promoter such fees in respect of any byelaws submitted for confirmation under this article as the Secretary of State may consider appropriate for the purpose of defraying any administrative expenses incurred by the Secretary of State in connection with the confirmation of those byelaws.

(13) A copy of the byelaws when confirmed must be printed and deposited at the principal office of the promoter and must at all reasonable hours be open to public inspection without payment, and the promoter must, at the request of any person, supply that person with a copy of any such byelaws on payment of such reasonable sum as the promoter may determine.

(14) The production of a printed copy of byelaws confirmed under this article on which is endorsed a certificate purporting to be signed by a person duly authorised by the promoter stating—

(a) that the byelaws were made by the promoter;

(b) that the copy is a true copy of the byelaws;

(c) that on a specified date the byelaws were confirmed by the Secretary of State; and

(d) the date when the byelaws came into operation,

is rebuttable evidence of the facts stated in the certificate.