PART 1

PRELIMINARY

Interpretation
2
1
In this Order—
- “the 1961 Act” means the Land Compensation Act 1961 ;
- “the 1965 Act” means the Compulsory Purchase Act 1965 ;
- “the 1980 Act” means the Highways Act 1980 ;
- “the 1984 Act” means the Road Traffic Regulation Act 1984 ;
- “the 1989 Act” means the Midland Metro Act 1989 ;
- “the 1990 Act” means the Town and Country Planning Act 1990 ;
- “the 1991 Act” means the New Roads and Street Works Act 1991 ;
- “address” includes any number or address used for the purposes of electronic transmission;
- “the authorised tramway” means the tramway authorised by this Order;
- “the authorised works” means the scheduled works and any other works authorised by this Order, or any part of them;
- “the Authority” means the West Midlands Combined Authority established under article 3 of the West Midlands Combined Authority Order 2016 ;
- “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;
- “cycle track” has the same meaning as in the 1980 Act;
- “electric line” has the meaning given by section 64(1) of the Electricity Act 1989 ;
- “electronic transmission” means a communication transmitted—
  1. by means of an electronic communications network; or
  2. by other means but while in electronic form;
- “footway” has the same meaning as in the 1980 Act;
- “highway” and “highway authority” have the same meaning as in the 1980 Act;
- “the limits of deviation” means the limits of lateral deviation for the scheduled works mentioned in article 7(1)(a) and (2) (power to deviate);
- “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” is to be construed accordingly;
- “the Order limits” means the permanent limits and the temporary limits;
- “owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 1981 ;
- “parking place” has the same meaning as in section 32 (powers of local authorities to provide parking places) of the 1984 Act;
- “the permanent limits” means the limits of deviation and of land to be acquired or used, and the limits of land with rights to attach equipment to buildings, as shown on the works and land plans and described in the book of reference;
- “the scheduled works” means the works specified in Schedule 1 (scheduled works), or any part of them;
- “the sections” means the sections included in the works and land plans;
- “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;
- “the temporary limits” means the limits of land to be used temporarily as shown on the works and land plans, described in the book of reference and specified in columns (1) and (2) of Schedule 6 (land of which temporary possession may be taken);
- “the traffic regulation plan” means the plan certified by the Secretary of State as the traffic regulation plan for the purposes of this Order;
- “tramcar” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;
- “tramroad” means any part of a tramway which is not a street tramway;
- “tramway” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which—
  1. provide support and guidance for vehicles carried on flanged wheels; and
  2. 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;
- “watercourse” includes all docks, rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows (whether or not the flow is intermittent) except a public sewer or drain; and
- “the works and land plans” means the plans and sections certified by the Secretary of State as the works and land plans 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 or under or on land or in the air-space over its surface.
3
Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order.
4
References in this Order to points identified by letters, with or without numbers, or by numbers, are to be construed as references to the points so marked on the works and land plans or, in the case of Schedule 7 (traffic regulation), to the points so marked on the traffic regulation plan.
5
All areas, distances, directions, lengths and points stated in the description of the scheduled works or in any description of powers or lands are approximate and distances between points on a scheduled work are taken to be measured along the scheduled work.
1961 c. 33.
1965 c. 56.
1980 c. 66.
1984 c. 27.
1989 c. xv.
1990 c. 8.
1991 c. 22. As amended by the Traffic Management Act 2004 c. 18.
S.I. 2016/653.
1989 c. 29.
1981 c. 67.
Art. 2 in force at 2.8.2016, see art. 1