The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016

Interpretation E+W

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961(1);

“the 1965 Act” means the Compulsory Purchase Act 1965(2);

“the 1980 Act” means the Highways Act 1980(3);

“the 1981 Act” means the Acquisition of Land Act 1981(4);

“the 1984 Act” means the Road Traffic Regulation Act 1984(5);

“the 1989 Act” means the Midland Metro Act 1989(6);

“the 1990 Act” means the Town and Country Planning Act 1990(7);

“the 1991 Act” means the New Roads and Street Works Act 1991(8);

“the 1993 Act” means the Railways Act 1993(9);

“the 2005 Order” means the Midland Metro (Birmingham City Centre Extension, etc.) Order 2005(10);

“address” includes any number or address used for the purposes of electronic transmission;

“authorised tramway” means the street tramway authorised by this Order;

“the authorised works” means the Order works and the works authorised by the 2005 Order;

“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in the 1980 Act;

“the City” means the City of Birmingham;

“cycle track” has the same meaning as in the 1980 Act(11);

“the deposited section” means the section certified by the Secretary of State as the deposited section for the purposes of this Order;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form;

“the Executive” means West Midlands Passenger Transport Executive;

“footpath” and “footway” have the same meaning as in the 1980 Act;

“highway” and “highway authority” have the same meaning as in the 1980 Act;

“the land plan” means the plan certified by the Secretary of State as the land plan for the purposes of this Order;

“the limits of deviation” means the limits of deviation for the authorised tramway shown on the works plan;

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” is to be construed accordingly;

“the Order limits” means—

(a)

the limits of deviation; and

(b)

the limits of additional land to be used shown on the works plan;

“the Order works” means the authorised tramway and any other works authorised by this Order;

“owner” in relation to land has the same meaning as in section 7 (interpretation) of the 1981 Act(12);

“the planning permission” means the outline permission granted to Argent Group plc by Birmingham City Council on 8th February 2013 in respect of planning application number 2012/05116/PA and includes any revision or replacement to, or variation of, that permission that provides for the widening of the highway within Paradise Circus Queensway;

“statutory undertaker” means—

(a)

any person who is a statutory undertaker for any of the purposes of the 1990 Act; and

(b)

any public communications provider within the meaning of section 151(1) (interpretation of Chapter 1) of the Communications Act 2003(13);

“street” includes part of a street;

“street authority” in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

“street tramway” means any part of a tramway which is laid along a street whether or not the section of the street in which its rails are laid may be used by other traffic;

“tramcar” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;

“tramway” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which—

(a)

provide support and guidance for vehicles carried on flanged wheels; and

(b)

are laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);

“the tribunal” means the Lands Chamber of the Upper Tribunal; and

“the works plan” means the plan certified by the Secretary of State as the works plan for the purposes of this Order.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.

(3) All directions, distances, areas, lengths and points stated in any description of works, powers or lands are approximate.

(4) References in this Order to points identified by letters (or letters and numbers) are to be construed as references to the points so marked on the works plan.

Commencement Information

I1 Art. 2 in force at 14.6.2016, see art. 1

(1)

1961 c. 33.

(2)

1965 c. 56.

(3)

1980 c. 66.

(4)

1981 c. 67.

(5)

1984 c. 27.

(6)

1989 c. xv.

(7)

1990 c. 8.

(8)

1991 c. 22.

(9)

1993 c. 43.

(10)

S.I. 2005/1794.

(11)

The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

(12)

The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.

(13)

2003 c. 21.