The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 No. 1794 xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 PRELIMINARY
1.Citation and commencement
2.Interpretation
3.Application of New Roads and Street Works Act 1991
4.Incorporation of the Railways Clauses Consolidation Act 1845
5.Application of the Midland Metro Acts
PART 2 WORKS PROVISIONS
Principal powers
6.Power to construct and maintain works
7.Power to deviate, etc.
8.Designation of works
Streets
9.Power to alter layout, etc. of streets
10.Power to keep apparatus in streets
11.Power to execute street works
12.Permanent stopping up of means of access
13.Temporary stopping up of streets
14.Access to works
15.Construction and maintenance of new or altered highways
16.Construction and alteration of bridges
17.Restoration of streets if street tramway discontinued
18.Agreements with street authorities
Supplemental powers
19.Discharge of water
20.Attachment of equipment to buildings for purposes of tramway
21.Safeguarding works to buildings
22.Power to construct temporary tramways
23.Power to survey and investigate land
24.Mode of construction and operation of tramway
PART 3 ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
25.Power to acquire land
26.Application of Part I of Compulsory Purchase Act 1965
27.Application of Compulsory Purchase (Vesting Declarations) Act 1981
28.Powers to acquire new rights
29.Rights under or over streets
Temporary possession of land
30.Temporary use of land for construction of works
31.Temporary use of land for maintenance of works
32.Temporary use of land for carrying out of accommodation and mitigation works
Compensation
33.Disregard of certain interests and improvements
Supplementary
34.Acquisition of part of certain properties
35.Extinction or suspension of rights of way
36.Time limit for exercise of powers of acquisition
PART 4 OPERATION OF TRAMWAY SYSTEM
37.Power to operate and use tramway system
38.Maintenance of approved works, etc.
39.Power to charge fares
40.Traffic signs
41.Tree Preservation Orders
42.Obstruction of construction of authorised works
43.Traffic regulation
PART 5 MISCELLANEOUS AND GENERAL
44.Planning permission: supplementary matters
45.Statutory undertakers, etc.
46.Minerals
47.Saving for highway authorities
48.Certification of plans, etc.
49.Service of notices
50.No double recovery
51.Disclosure of confidential information
52.Withholding of consent
53.Arbitration
54.Protective provisions for Network Rail and British Waterways Board
Signature
SCHEDULES
SCHEDULE 1
SCHEDULED WORKS
SCHEDULE 2
ACQUISITION OF LAND, ETC. OUTSIDE LIMITS OF DEVIATION
PART 1 ACQUISITION OF LAND
PART 2 ACQUISITION OF RIGHTS ONLY
SCHEDULE 3
STREETS SUBJECT TO ALTERATION OF LAYOUT
SCHEDULE 4
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 5
LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 6
TRAFFIC REGULATION
PART 1 PROHIBITION OR RESTRICTION OF WAITING AND LOADING/UNLOADING
Table A No waiting at any time except for loading or unloading a vehicle
Table B No waiting, loading or unloading at any time
Table C No waiting, loading or unloading at any time except within designated loading bays specified in Tables F and G below and to the extent so specified
Table D No waiting at any time except within designated taxi bay specified in Table H below and to the extent so specified and no loading or unloading at any time
Table E 24 Hour loading bay: no waiting at any time except for loading and unloading a vehicle
Table F Loading bay: no waiting at any time except for loading or unloading a vehicle before 10.00 am and after 6.00 pm
Table G Loading bay: no waiting at any time except for loading and unloading a vehicle from 10.00 am to 12.00 midday and from 2.00 pm to 4.00 pm
Table H Taxi bay: no waiting at any time except for picking up or setting down of passengers travelling by hackney carriage
PART 2 DIRECTION OF TRAFFIC
Table I One-way except for pedal cycles and tramcars
Table J One-way with contra-flow for pedal cycles
Table K One-way except for tramcars
Table L Prescribed left turn only
Table M No left turn
Table N Prescribed ahead only
Table O No right turn
PART 3 RESTRICTION ON REMAINING STATIONARY IN ROAD
Table P Yellow box junction
PART 4 PROHIBITION OF ACCESS
Table Q No passage of vehicular traffic except tramcars, buses, hackney carriages and access to off-street areas
Table R No passage of vehicular traffic except buses, hackney carriages and access to off-street areas
Table S No passage of vehicular traffic except tramcars
Table T No passage of vehicular traffic except (a) tramcars, (b) buses and (c) access to on street loading between 10.00 am to 12.00 midday and from 2.00 pm to 4.00 pm
Table U No passage of vehicular traffic
Table V No passage of vehicular traffic except for (a) tramcars (b) access to on-street loading before 10.00 am and after 6.00 pm and (c) access to off-street areas and to the Britannia and Burlington hotels at anytime
Table W No passage of vehicular traffic except for (a) access to on-street loading before 10.00 am and after 6.00 pm and (b) access to off-street areas and to the Britannia hotel at any time
Table X No passage of vehicular traffic except for (a) tramcars, (b) access to off-street areas at any time and (c) access to on-street loading before 10.00 am or after 6.00 pm
Table Y No passage of vehicular traffic except for access to off-street areas at any time and to 24 hour on-street loading
Table Z No passage of vehicular traffic exceeding a height of 4.4 metres except tramcars
Table ZZ No passage of vehicular traffic exceeding a height of 4.6 metres except tramcars
SCHEDULE 7
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...
Application of electronic communications code
2.(1) Paragraph 21 of the electronic communications code shall not...
SCHEDULE 8
PROTECTIVE PROVISIONS
PART 1 FOR PROTECTION OF NETWORK RAIL
1.The following provisions of this Part of this Schedule shall...
2.In this Part of this Schedule— “construction” includes execution, placing,...
3.(1) The undertaker shall not exercise the powers conferred by...
4.(1) The undertaker shall, before commencing construction of any specified...
5.(1) Any specified work and any protective works to be...
6.The undertaker shall— (a) at all times afford reasonable facilities...
7.Network Rail shall at all times afford reasonable facilities to...
8.(1) If any alterations or additions, either permanent or temporary,...
9.The undertaker shall repay to Network Rail all reasonable fees,...
10.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...
11.(1) If at any time after the completion of a...
12.The undertaker shall not provide any illumination or illuminated sign...
13.Any additional expenses which Network Rail may reasonably incur in...
14.(1) The undertaker shall pay to Network Rail all reasonable...
15.Network Rail shall, on receipt of a request from the...
16.In the assessment of any sums payable to Network Rail...
17.The undertaker and Network Rail may, subject in the case...
PART 2 FOR PROTECTION FOR BRITISH WATERWAYS BOARD
1.(1) For the protection of BW the following provisions of...
Interpretation
Powers requiring BW’s consent
2.(1) The undertaker shall not under the powers conferred by...
Vehicles, plant and machinery
3.The undertaker shall not use any land or property of...
Closure of towing paths, etc.
4.If in consequence of or in connection with the exercise...
Fencing
5.Where so required by the engineer the undertaker shall to...
Survey of waterway
6.(1) Before the commencement of the initial construction of any...
Approval of plans, protective works etc.
7.(1) The undertaker shall before commencing construction of any specified...
Design of works
8.Without prejudice to its obligations under the foregoing provisions of...
Notice of works
9.The undertaker shall give to the engineer 56 days' notice...
Lighting
10.The undertaker shall provide and maintain at its own expense...
Construction of specified works
11.(1) Any specified or protective works shall, when commenced, be...
Prevention of pollution
12.The undertaker shall not in the course of constructing a...
Access to work: provision of information
13.(1) The undertaker on being given reasonable notice shall—
Alterations to waterway
14.(1) If during the construction of a specified work or...
Maintenance of works
15.If at any time after the completion of a specified...
Repayment of BW’s fees, etc.
16.The undertaker shall repay to BW all fees, costs, charges...
Costs of alterations, etc.
17.Any additional expenses which BW may reasonably incur in altering,...
Making good of detriment; compensation and indemnity, etc.
18.(1) If any detriment shall be caused by the construction...
Details of capitalised sums to be provided
19.If BW or the undertaker cannot jointly agree the formula...
Arbitration
20.Any difference arising between the undertaker and BW under this...
Explanatory Note