The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016
PART 1
PRELIMINARY
1
Citation and commencement
2
Interpretation
3
Application of the 1991 Act
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.
Streets
8
Power to alter layout, etc., of streets
9
Power to keep apparatus in streets
10
Power to execute street works
11
Temporary stopping up of streets
12
Access to works
13
Restoration of streets if street tramway discontinued
14
Agreements with street authorities
Supplemental powers
15
Discharge of water
16
Safeguarding works to buildings
17
Power to construct temporary tramways
18
Power to survey and investigate land
19
Mode of construction and operation of tramway
PART 3
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
20
Power to acquire land
21
Application of Part 1 of the 1965 Act
22
Application of Compulsory Purchase (Vesting Declarations) Act 1981
23
Power to acquire new rights
24
Rights under or over streets
Temporary possession of land
25
Temporary use of land for construction of works
26
Temporary use of land for maintenance of works
Compensation
27
Disregard of certain interests and improvements
Supplementary
28
Acquisition of part of certain properties
29
Extinction or suspension of rights of way
30
Time limit for exercise of powers of acquisition
PART 4
OPERATION OF TRAMWAY SYSTEM
31
Power to operate and use tramway system
32
Power to charge fares
33
Traffic signs
34
Obstruction of construction of authorised works
PART 5
MISCELLANEOUS AND GENERAL
35
Planning permission
36
Statutory undertakers, etc.
37
Existing agreements
38
Minerals
39
Saving for highway authorities
40
Certification of plans, etc.
41
Service of notices
42
No double recovery
43
Disclosure of confidential information
44
Withholding of consent
45
Arbitration
46
Protective provisions for Network Rail
SCHEDULES
SCHEDULE 1
ACQUISITION OF LAND AND RIGHTS
PART 1
ACQUISITION OF LAND
PART 2
ACQUISITION OF RIGHTS ONLY
SCHEDULE 2
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 limitation to the scope of paragraph 1, the...
Application of the 1965 Act
3
(1) The 1965 Act has effect with the modifications necessary...
4
For section 7 (measure of compensation in case of severance)...
5
For section 8 (other provisions as to divided land) of...
6
The following provisions of the 1965 Act (which state the...
7
Section 11 (powers of entry) of the 1965 Act is...
8
Section 20 (protection of interests of tenants at will etc.)...
9
Section 22 (interests omitted from purchase) of the 1965 Act...
SCHEDULE 3
LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 4
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) Part 6 of the electronic communications code does not...
SCHEDULE 5
EXISTING AGREEMENTS
SCHEDULE 6
PROTECTIVE PROVISIONS FOR NETWORK RAIL
1
The following provisions of this Schedule have effect unless otherwise...
2
In this Schedule— “construction” includes execution, placing, alteration and reconstruction...
3
(1) The Executive must not exercise the powers conferred by...
4
(1) The Executive must, before commencing construction of any specified...
5
(1) Any specified work and any protective works to be...
6
The Executive must— (a) at all times afford reasonable facilities...
7
Network Rail must at all times afford reasonable facilities to...
8
(1) If any permanent or temporary alterations or additions to...
9
The Executive must 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 Executive must not provide any illumination or illuminated sign...
13
Any additional expenses which Network Rail may reasonably incur in...
14
(1) The Executive must pay to Network Rail all reasonable...
15
Network Rail must, on receipt of a request from the...
16
In the assessment of any sums payable to Network Rail...
17
The Executive and Network Rail may, subject in the case...
18
Any difference between Network Rail and the Executive arising under...
2016 No. 545

Transport And Works, England

Transport, England

The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016
Made
24th May 2016
Coming into force
14th June 2016
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 for an Order under sections 1 and 5 of the Transport and Works Act 1992 (“the 1992 Act”).
The Secretary of State caused an inquiry to be held for the purposes of the application under section 11 of the 1992 Act.
The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, 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 17th May 2016.
The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7 to 13 and 15 to 17 of Schedule 1 to, the 1992 Act, makes the following Order—
S.I. 2006/1466, amended by S.I. 2010/439, S.I. 2011/556, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2012/2590 and S.I. 2013/755.
1992 c. 42; section 1 was amended by paragraphs 51 and 52 of Schedule 2 to the Planning Act 2008 (c. 29), section 5 was amended by S.I. 2012/1659.