The River Tyne (Tunnels) (Modification) Order 2011

Statutory Instruments

2011 No. 3040

Transport And Works, England

Transport, England

The River Tyne (Tunnels) (Modification) Order 2011

Made

19th December 2011

Coming into force

9th January 2012

An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006(1) for an Order under sections 3, 4 and 5 of the Transport and Works Act 1992(2) (“the 1992 Act”).

The Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which, in the opinion of the Secretary of State, do not make any substantial change in the proposals.

Notice of the Secretary of State’s determination was published in the London Gazette on 9th December 2011.

The Secretary of State, in exercise of the powers conferred by sections 3, 4 and 5 of, and paragraph 12 of Schedule 1 to, the 1992 Act, section 4 of the Tyne Tunnels Act 1998(4) and article 2 of the Transport and Works (Description of Works Interfering with Navigation) Order 1992(5), makes the following Order:—

The Secretary of State is of the opinion that the primary object of this Order cannot be achieved by means of an Order under the Harbours Act 1964(3).

Citation and commencement

1.  This Order may be cited as the River Tyne (Tunnels) (Modification) Order 2011 and comes into force on 9th January 2012.

Modification of the River Tyne (Tunnels) Order 2005

2.  In paragraph 4(1) of Schedule 14 (level of tolls) to the River Tyne (Tunnels) Order 2005(6) for the number “7” there is substituted the number “8”.

Signed by authority of the Secretary of State

Martin Woods

Head of the Transport and Works Act Order Unit

Department for Transport

19th December 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order modifies the River Tyne (Tunnels) Order 2005 (“the 2005 Order”) to extend the period within which the Tyne and Wear Integrated Transport Authority (“the Authority”) may exercise power to charge tolls under article 42 of, and paragraph 4(1) of Schedule 14 to, the 2005 Order. If using that power in the 2005 Order to set a toll, the Authority must do so within 8 years from the appointed day (as defined in the 2005 Order) instead of within the 7 year period originally specified in the 2005 Order.

This Order does not permit the Authority to carry out works or acquire land compulsorily or by agreement.

(1)

S.I. 2006/1466.

(2)

1992 c. 42. Part 1 of this Act is amended by S.I. 1995/1541, S.I 1998/2226, S.I 2000/3199 and S.I 2006/958.

(3)

1964 c. 40.

(4)

1998 c. i.

(5)

S.I. 1992/3230.

(6)

S.I. 2005/2222.