The Merseytram (Liverpool City Centre to Kirkby) Order 2005 No. 120 xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 Preliminary
1.Citation and commencement
2.Interpretation
3.Application of enactments relating to railways
4.Application of 1991 Act
PART 2 Works Provisions
Principal powers
5.Power to construct and maintain works
6.Power to deviate
7.Designation of works
Streets
8.Power to alter layout, etc., of streets
9.Power to keep apparatus in streets
10.Power to execute street works
11.Stopping up of streets and extinguishment of rights
12.Temporary stopping up of streets
13.Access to works
14.Construction and maintenance of new, altered or diverted streets
15.Construction of bridges and tunnels
16.Restoration of streets if street tramway discontinued
17.Agreements with street authorities
18.New road crossings
Supplemental powers
19.Attachment of equipment to buildings
20.Temporary closure of part of Canning Dock, Duke’s Dock, Wapping Basin and Salthouse Dock
21.Discharge of water
22.Safeguarding works to buildings
23.Power to construct temporary street tramways
24.Planning permission: supplementary matters
25.Power to survey and investigate land, etc.
26.Mode of construction and operation of tram system
27.Obstruction of construction of authorised works
28.Removal of human remains
PART 3 Acquisition and Possession of Land
Powers of acquisition
29.Power to acquire land
30.Application of Part I of the Compulsory Purchase Act 1965
31.Application of Compulsory Purchase (Vesting Declarations) Act 1981
32.Powers to acquire new rights
33.Powers to acquire subsoil only
34.New rights only to be acquired in certain lands
35.Rights under or over streets
Temporary possession of land
36.Temporary use of land for construction of works
37.Temporary use of land for maintenance of works
Compensation
38.Disregard of certain interests and improvements
Supplementary
39.Acquisition of part of certain properties
40.Extinction or suspension of private rights of way
41.Time limit for exercise of powers of acquisition
PART 4 Operation of Tram System
42.Power to operate and use tram system
43.Maintenance of approved works, etc.
44.Power to charge fares
45.Removal of obstructions
46.Traffic signs
47.Traffic regulation
48.Power to lop trees overhanging tram system
49.Trespass on tramroads
50.Power to make byelaws
51.Power to contract for police services
52.Powers of disposal, agreements for operation, etc.
53.Application of landlord and tenant law
54.Tramcars deemed public service vehicles
55.Substitute road services
PART 5 Penalty Fares
56.Interpretation of Part 5
57.Operation of Part 5
58.Penalty fares
59.Amount of penalty fare
60.Document to be issued in connection with penalty fare requirement
61.Notice of penalty fare provisions
62.Supplementary provisions
63.Exclusion of double liability
PART 6 Protective Provision
64.Statutory undertakers, etc.
65.Minerals
66.Saving for highway authorities
67.Arrangements with highway authorities
68.For protection of the Environment Agency
69.For protection of specified undertakers
70.For protection of British Waterways Board
PART 7 Miscellaneous and General
71.Street and market traders
72.Disclosure of confidential information
73.Defence to proceedings in respect of statutory nuisance
74.Certification of plans, etc.
75.Service of notices
76.No double recovery
77.Arbitration
Signature
SCHEDULES
SCHEDULE 1
SCHEDULED WORKS
SCHEDULE 2
ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED
SCHEDULE 3
LAND NOT TO BE ACQUIRED COMPULSORILY
SCHEDULE 4
STREETS SUBJECT TO ALTERATION OF LAYOUT
SCHEDULE 5
STREETS TO BE PERMANENTLY STOPPED UP
PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
PART 2 STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
SCHEDULE 6
STREETS TO BE TEMPORARILY STOPPED UP
SCHEDULE 7
MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
Compensation enactments
1.The enactments for the time being in force with respect...
2.(1) Without prejudice to the generality of paragraph 1, the...
Adaptation of the 1965 Act
3.(1) The 1965 Act shall have effect with the modifications...
4.For section 7 of the 1965 Act (measure of compensation)...
5.For section 8 of the 1965 Act (provisions as to...
6.The following provisions of the 1965 Act (which state the...
7.Section 11 of the 1965 Act (powers of entry) shall...
8.Section 20 of the 1965 Act (protection for interests of...
9.Section 22 of the 1965 Act (protection of acquiring authority’s...
SCHEDULE 8
ACQUISITION OF NEW RIGHTS ONLY
SCHEDULE 9
LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 10
TRAFFIC REGULATION
Interpretation
PART 1 STOPPING, WAITING, LOADING OR UNLOADING
PART 2 PARKING PLACES
PART 3 DIRECTION OF TRAFFIC
PART 4 VEHICULAR ACCESS
PART 5 REVOCATIONS AND AMENDMENTS
SCHEDULE 11
PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.
Apparatus of statutory undertakers, etc., on land acquired
1.(1) Subject to the following provisions of this paragraph, sections...
Apparatus of statutory undertakers, etc., in stopped up streets
2.(1) Where a street is stopped up under article 11...
SCHEDULE 12
FOR PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
Interpretation
1.In this Schedule— “apparatus” means— in the case of a...
Application of Schedule 11
2.Paragraphs 1(1) and 2 of Schedule 11 to this Order...
Apparatus in stopped up streets
3.Where any street is stopped up under article 11 of...
4.Merseytravel shall give not less than 28 days' notice in...
On-street apparatus
5.This Schedule shall not apply to anything done or proposed...
Acquisition of land
6.Merseytravel shall not acquire any apparatus from a specified undertaker...
7.Merseytravel may in exercise of the powers of this Order...
Removal of apparatus
8.Paragraphs 9 to 12 apply where— (a) Merseytravel requires the...
9.Merseytravel shall, if it is practicable to do so, afford...
10.The obligation imposed upon the specified undertaker by paragraph 9...
11.Any alternative apparatus to be constructed by the specified undertaker...
12.The specified undertaker shall, after the manner of construction and...
Removal of apparatus and construction of alternative apparatus by Merseytravel
13.Paragraphs 14 to 16 apply to so much of the...
14.If Merseytravel gives notice in writing to the specified undertaker...
15.In carrying out any work under paragraph 14 Merseytravel shall...
16.Nothing in paragraph 14 shall authorise Merseytravel to carry out...
Facilities and rights for alternative apparatus
17.Where, in accordance with the provisions of this Schedule, Merseytravel...
18.In determining the terms and conditions mentioned in paragraph 17...
19.If the facilities and rights to be afforded by Merseytravel...
Retained apparatus: protection and plan approval
20.Not less than 56 days before commencing to construct or...
21.In relation to a work which is a specified work...
22.Merseytravel shall not commence the construction or renewal of any...
23.Any approval of the specified undertaker required under paragraph 22—...
24.In relation to a work to which paragraph 21 applies,...
25.A specified work shall be constructed (and in the case...
26.If within 42 days after the submission to it of...
27.Nothing in paragraph 20 or 26 shall preclude Merseytravel from...
28.Merseytravel shall not be required to comply with paragraph 20...
29.Nothing in paragraph 28 shall entitle Merseytravel to carry out...
Co-operation
30.Where in consequence of the proposed construction of any of...
Access
31.If in consequence of the exercise of the powers of...
Expenses
32.Subject to the provisions of the following paragraphs of this...
33.There shall be deducted from any sum payable under paragraph...
34.If in pursuance of the provisions of this Schedule—
35.For the purposes of paragraph 34— (a) an extension of...
36.An amount which apart from this paragraph would be payable...
37.In any case where work is carried out by Merseytravel...
Indemnity
38.If, by reason or in consequence of the construction, maintenance...
39.Nothing in paragraph 38 shall impose any liability on Merseytravel...
40.The specified undertaker shall give to Merseytravel reasonable notice of...
Exercise of safeguarding and survey powers
41.Merseytravel shall, so far as is reasonably practicable, so exercise...
42.Merseytravel shall not, in the exercise of the powers of...
Arbitration
43.Any difference arising between Merseytravel and a specified undertaker under...
Transfer of powers
44.Merseytravel shall give notice to every specified undertaker if any...
45.The obligation to give notice under paragraph 44 to a...
Notices
46.Any notice in writing to be given by Merseytravel to...
SCHEDULE 13
FOR PROTECTION OF BRITISH WATERWAYS BOARD
1.For the protection of the British Waterways Board the following...
Interpretation
2.In this Schedule— “the Board” means the British Waterways Board;...
Powers requiring the Board’s consent
3.(1) Merseytravel shall not under the powers conferred by this...
Vehicles, plant and machinery
4.(1) Merseytravel shall not use any land or property of...
Fencing
5.Where so required by the engineer Merseytravel shall to the...
Survey of waterway
6.(1) Before the commencement of the initial construction of any...
Approval of plans, protective works, etc.
7.(1) Merseytravel shall before commencing construction of any specified work...
Design of works
8.Without prejudice to its obligations under the foregoing provisions of...
Notice of works
9.Merseytravel shall give to the engineer 56 days' notice of...
Lighting
10.Merseytravel shall provide and maintain at its own expense in...
Construction of specified works
11.(1) Any specified or protective works shall, when commenced, be...
Prevention of pollution
12.Merseytravel shall not in the course of constructing a specified...
Access to work: provision of information
13.(1) Merseytravel, on being given reasonable notice, shall—
Costs of alterations, etc.
14.Any additional expenses which the Board may reasonably incur in...
Maintenance of works
15.If at any time after the completion of a specified...
Repayment of the Board’s fees, etc.
16.Merseytravel shall repay to the Board all fees, costs, charges...
Making good of detriment: compensation and indemnity, etc.
17.(1) If any detriment shall be caused by the construction...
Details of capitalised sums to be provided
18.Where under any provision of this Schedule the Board or...
Arbitration
19.Any difference arising between Merseytravel and the Board under this...
Explanatory Note