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Part IIFurther extension of light rapid transit system

4Power to make works

Subject to the provisions of this Act, the Executive may, in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections, make and maintain the works hereinafter described with all necessary works and conveniences connected therewith—

5Further works and powers

(1)Subject to the provisions of this Act, the Executive may make and maintain the further works described in this section, with all necessary works and conveniences connected therewith, and may exercise the powers hereinafter mentioned:—

(a)they may stop up and discontinue the whole or any part of the footpath and cycleway in the city of Manchester which lies between the points marked “X” and “Y” on the deposited plans;

(b)they may set back or re-arrange the whole or any part of the footways and kerblines of so much of the street in the borough of Rochdale known as Maclure Road as lies between the points marked “A” and “B” and “C” and “D” respectively on the deposited plans;

(c)they may set back or re-arrange the whole or any part of the footways and kerblines of so much of the street in the borough of Rochdale known as Drake Street as lies between the points marked “E” and “F”, “G” and “H”, “J” and “M” and “N” and “P” respectively on the deposited plans;

(d)they may set back or re-arrange the whole or any part of the footways and kerblines of so much of the street in the borough of Rochdale known as Water Street as lies between the points marked “G” and “H” on the deposited plans;

(e)they may set back or re-arrange the whole or any part of the footways and kerblines of so much of the street in the borough of Rochdale known as Oldham Road as lies between the points marked “J” and “K” on the deposited plans;

(f)they may set back or re-arrange the whole or any part of the footways and kerblines of so much of the street in the borough of Rochdale known as Milnrow Road as lies between the points marked “K” and “L” on the deposited plans;

(g)they may set back or re-arrange the whole or any part of thefootways and kerblines of so much of the street in the borough of Rochdale known as South Parade as lies between the points marked “P” and “Q” on the deposited plans;

(h)they may set back or re-arrange the whole or any part of the footways and kerblines of so much of the street in the borough of Rochdale known as Smith Street as lies between the points marked “P” and “R” on the deposited plans.

(2)After the stopping up of any part of the footpath and cycleway orany street under subsection (1) above, all rights of way over or along the footpath and cycleway or that part of the street, as the case may be, so stopped up shall be extinguished.

(3)In the exercise of the powers of subsection (1) above, the Executive may place such bollards or other obstructions for preventing the passage of pedestrians or vehicles as they consider appropriate and as may be agreed by the highway authority.

6Gauge of tramroads and tramways

  The tramroads and tramways shall be constructed on a gauge of 4 feet 8 inches (1·435 metres).

7Power to deviate

Subject to the provisions of this Act, the Executive in constructing the authorised works may deviate from the lines thereof shown on the deposited plans to any extent within the limits of deviation shown on those plans and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient and in constructing the tramroads and the tramways they may alter the radius of any curve described on the deposited plans and increase or diminish any inclination or gradient shown thereon.

8Plans to be approved by Secretary of State before works commenced

(1)Before constructing any of the tramroads or either of the tramways the Executive shall submit to the Secretary of State for his approval plans, sections and particulars of their proposals in respect of that work concerning—

(a)permanent way or track and stations;

(b)lifts, escalators and stairways;

(c)signalling; and

(d)lighting.

(2)Any such work shall be constructed and maintained in accordance with plans, sections and particulars approved by the Secretary of State.

9Approval of Secretary of State

The tramroads and the tramways shall not be opened for public traffic until they have been inspected and certified to be fit for such traffic by the Secretary of State.

10Certain works to be deemed tramways, etc

For the purposes of Parts II and III of the [1870 c. 78.] Tramways Act 1870, the [1871 c. 78.] Regulation of Railways Act 1871 and Schedule 2 to the [1984 c. 12.] Telecommunications Act 1984 the tramroads shall be deemed to be tramways.

11Extension of powers, etc

(1)The provisions of Part II of the [1988 c. i.] Greater Manchester (Light Rapid Transit System) Act 1988 (except sections 5 (1) and (2) and sections 6, 7, 8, 11, 13, 21 and 22) and of section 4 (Application of [1950 c. 39.] Public Utilities Street Works Act 1950), section 43 (For protection of electricity, gas and water undertakers), section 44 (For protection of North West Water Authority) and section 46 (Carriages deemed to be public service vehicles) of that Act shall apply for the purposes of this Act.

(2)The provisions of the said Act of 1988 so applied shall have effect as if—

(a)any reference to the light rapid transit system included a reference to the authorised works;

(b)any reference to the tramroads or the tramways included a reference to the tramroads or, as the case may be, the tramways within the meaning of this Act;

(c)any reference to the said Act of 1988 (except a reference to a particular section of that Act) included a reference to this Act;

(d)section 10 (Power to cross streets on the level) included a reference to Maclure Road and Smith Street in the borough of Rochdale;

(e)the references to section 23 of the said Act of 1988 in paragraph (2) of the said section 43 and to sections 15, 16 and 44 of the said Act of 1988 in paragraph (5) of the said section 43 included references to those sections as applied by this Act;

(f)the reference to the deposited plans in paragraph (3) of the said section 43 included a reference to the plans deposited in connection with the Bill for this Act.

(3)Section 9 (Agreements with railways board, etc.) of the [1988 c. ii.] Greater Manchester (Light Rapid Transit System) (No. 2) Act 1988 shall have effect as if the reference therein to the authorised works included a reference to the works authorised by this Act, the references therein to the light rapid transit system included references to those works and the references therein to the existing railways included references to the following railway of the railways board and all works and conveniences provided in connection with the said railway, as existing, altered or constructed (as the case may be) from time to time—

So much of the Bury Connecting Line as lies between Bury Loco junction and the commencement of Work No. 4 authorised by the [1975 c. i.] British Railways Act 1975.