The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005

  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation

    2. 2.Interpretation

    3. 3.Application of New Roads and Street Works Act 1991

    4. 4.Incorporation of the Railways Clauses Consolidation Act 1845

    5. 5.Application of the Midland Metro Acts

  3. PART 2 WORKS PROVISIONS

    1. Principal powers

      1. 6.Power to construct and maintain works

      2. 7.Power to deviate, etc.

      3. 8.Designation of works

    2. Streets

      1. 9.Power to alter layout, etc. of streets

      2. 10.Power to keep apparatus in streets

      3. 11.Power to execute street works

      4. 12.Permanent stopping up of means of access

      5. 13.Permanent stopping up of streets

      6. 14.Temporary stopping up of streets

      7. 15.Access to works

      8. 16.Construction and maintenance of new or altered highways

      9. 17.Construction and alteration of bridges

      10. 18.Restoration of streets if street tramway discontinued

      11. 19.Agreements with street authorities

      12. 20.Level crossings

      13. 21.Closure of level crossings

    3. Supplemental powers

      1. 22.Discharge of water

      2. 23.Attachment of equipment to buildings for purposes of tramway

      3. 24.Safeguarding works to buildings

      4. 25.Power to construct temporary tramways

      5. 26.Power to survey and investigate land

      6. 27.Mode of construction and operation of tramway

      7. 28.Temporary interference with waterways

  4. PART 3 ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 29.Power to acquire land

      2. 30.Application of Part I of the Compulsory Purchase Act 1965

      3. 31.Application of Compulsory Purchase (Vesting Declarations) Act 1981

      4. 32.Power to acquire rights

      5. 33.Rights under or over streets

    2. Temporary possession of land

      1. 34.Temporary use of land for construction of works

      2. 35.Temporary use of land for maintenance of works

      3. 36.Temporary use of land for carrying out of accommodation and mitigation works

    3. Compensation

      1. 37.Disregard of certain interests and improvements

    4. Supplementary

      1. 38.Acquisition of part of certain properties

      2. 39.Extinction or suspension of rights of way

      3. 40.Time limit for exercise of powers of acquisition

  5. PART 4 OPERATION OF TRAMWAY SYSTEM

    1. 41.Power to operate and use tramway system

    2. 42.Maintenance of approved works etc.

    3. 43.Power to charge fares

    4. 44.Traffic signs

    5. 45.Tree preservation orders

    6. 46.Obstruction of construction of authorised works

    7. 47.Traffic regulation

  6. PART 5 MISCELLANEOUS AND GENERAL

    1. 48.Planning permission: supplementary matters

    2. 49.Statutory undertakers, etc.

    3. 50.Minerals

    4. 51.Saving for highway authorities

    5. 52.Certification of plans etc.

    6. 53.Service of notices

    7. 54.No double recovery

    8. 55.Disclosure of confidential information

    9. 56.Withholding of consent

    10. 57.Arbitration

    11. 58.Protective provisions

    12. 59.Midland Metro Line 1: miscellaneous amendments

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      SCHEDULED WORKS

      1. In the metropolitan borough of Sandwell

      2. In the metropolitan boroughs of Sandwell and Dudley

      3. In the metropolitan borough of Sandwell

      4. In the metropolitan boroughs of Sandwell and Dudley

      5. In the metropolitan borough of Dudley

    2. SCHEDULE 2

      ACQUISITION OF LAND, ETC OUTSIDE LIMITS OF DEVIATION

      1. PART 1 ACQUISITION OF LAND

      2. PART 2 ACQUISITION OF RIGHTS ONLY

    3. SCHEDULE 3

      STREETS SUBJECT TO ALTERATION OF LAYOUT

    4. SCHEDULE 4

      STREETS TO BE STOPPED UP

      1. PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

    5. SCHEDULE 5

      STREETS TO BE TEMPORARILY STOPPED UP

    6. SCHEDULE 6

      LEVEL CROSSINGS ON TRAMROADS

    7. SCHEDULE 7

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without prejudice to the generality of paragraph 1, the...

      2. Adaptation of the 1965 Act

        1. 3.(1) The 1965 Act shall have effect with the modifications...

        2. 4.For section 7 of the 1965 Act (measure of compensation)...

        3. 5.For section 8 of the 1965 Act (provisions as to...

        4. 6.The following provisions of the 1965 Act (which state the...

        5. 7.Section 11 of the 1965 Act (powers of entry) shall...

        6. 8.Section 20 of the 1965 Act (protection for interests of...

        7. 9.Section 22 of the 1965 Act (protection of acquiring authority’s...

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    9. SCHEDULE 9

      TRAFFIC REGULATION

      1. PART 1 PROHIBITION OR RESTRICTION OF WAITING AND LOADING/UNLOADING

        1. TABLE A No waiting, loading or unloading at any time

      2. PART 2 DIRECTION OF TRAFFIC

        1. TABLE B One way

      3. PART 3 PROHIBITION OF ACCESS

        1. TABLE C No passage of vehicular traffic except tramcars

        2. TABLE D No passage of vehicular traffic

    10. SCHEDULE 10

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

      1. Apparatus of statutory undertakers, etc. on land acquired

        1. 1.(1) Subject to the following provisions of this paragraph, sections...

      2. Apparatus of statutory undertakers, etc, in stopped up streets

        1. 2.(1) Where a street is stopped up under article 13...

      3. Application of telecommunications code

        1. 3.(1) Paragraph 21 of the electronic communications code shall not...

    11. SCHEDULE 11

      PROTECTIVE PROVISIONS

      1. PART 1 FOR PROTECTION OF BRITISH WATERWAYS BOARD

        1. 1.(1) For the protection of BW the following provisions of...

      2. Interpretation

        1. 2.In this Part of this Schedule— “BW” means the British...

      3. Powers requiring BW’s consent

        1. 2.(1) The Executive shall not under the powers conferred by...

      4. Vehicles, plant and machinery

        1. 3.The Executive shall not use any land or property of...

      5. Closure of towing paths, etc.

        1. 4.If in consequence of or in connection with the exercise...

      6. Fencing

        1. 5.Where so required by the engineer the Executive shall to...

      7. Survey of waterway

        1. 6.(1) Before the commencement of the initial construction of any...

      8. Approval of plans, protective works etc.

        1. 7.(1) The Executive shall before commencing construction of any specified...

      9. Design of works

        1. 8.Without prejudice to its obligations under the foregoing provisions of...

      10. Notice of works

        1. 9.The Executive shall give to the engineer 56 days' notice...

      11. Lighting

        1. 10.The Executive shall provide and maintain at its own expense...

      12. Construction of specified works

        1. 11.(1) Any specified or protective works shall, when commenced, be...

      13. Prevention of pollution

        1. 12.The Executive shall not in the course of constructing a...

      14. Access to work: provision of information

        1. 13.(1) The Executive on being given reasonable notice shall—

      15. Alterations to waterway

        1. 14.(1) If during the construction of a specified work or...

      16. Maintenance of works

        1. 15.If at any time after the completion of a specified...

      17. Repayment of BW’s fees, etc.

        1. 16.The Executive shall repay to BW all fees, costs, charges...

      18. Costs of alterations, etc.

        1. 17.Any additional expenses which BW may reasonably incur in altering,...

      19. Making good of detriment; compensation and indemnity, etc.

        1. 18.(1) If any detriment shall be caused by the construction...

      20. Details of capitalised sums to be provided

        1. 19.If BW or the Executive cannot jointly agree the formula...

      21. Arbitration

        1. 20.Any difference arising between the Executive and BW under this...

      22. PART 2 FOR PROTECTION OF ENVIRONMENT AGENCY

        1. 1.(1) The following provisions of this Part of this Schedule...

        2. 2.(1) Before beginning to construct any specified work, the Executive...

        3. 3.Without prejudice to the generality of paragraph 2, the requirements...

        4. 4.(1) Any specified work, and all protective works required by...

        5. 5.(1) The Executive shall from the commencement of the construction...

        6. 6.If by reason of the construction of any specified work...

        7. 7.(1) The Executive shall take all such measures as may...

        8. 8.The Executive shall indemnify the Environment Agency in respect of...

        9. 9.(1) Without prejudice to the other provisions of this Part...

        10. 10.The fact that any work or thing has been executed...

        11. 11.For the purposes of Chapter II of Part II of...

        12. 12.Any dispute arising between the Executive and the Environment Agency...

      23. PART 3 FOR PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED

        1. 1.The following provisions of this Part of this Schedule shall...

        2. 2.In this Part of this Schedule— “construction” includes execution, placing,...

        3. 3.(1) The Executive shall not exercise the powers conferred by...

        4. 4.(1) Where under this Part of this Schedule Network Rail...

        5. 5.(1) The Executive shall before commencing construction of any specified...

        6. 6.(1) Any specified work and any protective works to be...

        7. 7.The Executive shall— (a) at all times afford reasonable facilities...

        8. 8.Network Rail shall at all times afford reasonable facilities to...

        9. 9.(1) If any alterations or additions, either permanent or temporary,...

        10. 10.The Executive shall repay to Network Rail all reasonable fees,...

        11. 11.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 12.(1) If at any time after the completion of a...

        13. 13.Before either Network Rail or the Executive provide any new...

        14. 14.Any additional expenses which Network Rail may reasonably incur in...

        15. 15.(1) The Executive shall pay to Network Rail all reasonable...

        16. 16.Network Rail shall, on receipt of a request from the...

        17. 17.In the assessment of any sums payable to Network Rail...

        18. 18.The Executive and Network Rail may, subject in the case...

  9. Explanatory Note