The Leeds Supertram (Land Acquisition and Road Works) Order 2001

PART IV MISCELLANEOUS AND GENERAL

Certification of plans etc.

22.  The Executive shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the sections, the land plans and the works plans to the Secretary of State for certification that they are, respectively, the book of reference, sections, land plans and works plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

For protection of Railtrack

23.—(1) Schedule 5 to this Order (which includes provisions for the protection of Railtrack) shall have effect.

(2) Section 39 of the 1993 Act, which contains protective provisions for the protection of Railtrack shall cease to have effect with respect to the authorised works or the compulsory acquisition of land for those works.

(3) Subject to paragraph (4) below, nothing in paragraph (2) above shall affect section 39 of the 1993 Act in its application to any land, property or interest of the British Railways Board.

(4) Paragraph (2) of section 39 of the 1993 Act, as continued in effect by paragraph (3) above, shall not apply to the land specified in clause 10(5)(b) of the agreement referred to in paragraph 1(1)(c) of Schedule 6 to this Order.

Agreements and undertakings connected with 1993 Act

24.  Schedule 6 to this Order (which relates to certain agreements and undertakings connected with the 1993 Act) shall have effect.

No double recovery

25.  Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

Withholding of consent

26.  Where it is provided in this Order that any consent or approval is not to be unreasonably withheld, any dispute as to whether it is so unreasonably withheld or as to the conditions subject to which it is given shall be determined by arbitration.

Service of notices

27.—(1) A notice or other document required or authorised to be served for the purposes of this Order may be served by post.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, his last known address at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having an interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable inquiry, the notice may be served by—

(a) addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.

Arbitration

28.  Where under this Order any difference (other than a difference to which the provisions of the 1965 Act apply) is to be determined by or referred to arbitration, then, unless otherwise provided, the difference shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed, on the application of either party (after notice in writing to the other), by the President of the Institution of Civil Engineers.