The Rixton and Warburton Bridge Order 2024

Interpretation

2.  In this Order—

“the 1863 Act” means the Rixton and Warburton Bridge Act 1863(1);

“the 1890 Act” means the Manchester Ship Canal (Various Powers) Act 1890(2);

“the 1984 Act” means the Road Traffic Regulation Act 1984(3);

“the 2000 Act” means the Transport Act 2000(4);

“the 2006 Act” means the Companies Act 2006(5);

“Account” means the account containing a person’s details for the purposes of paying a toll or charge for a vehicle, or registering a discount, in respect of the Rixton and Warburton Bridge which is identified by a unique account number;

“address” includes, except in article 15(3), any number or address used for the purposes of electronic transmission;

“authorised activities” means the operation, use and maintenance of the Rixton and Warburton Bridge and the exercise of any power, authority or discretion for the time being vested in or exercisable by MSCC under this Order or otherwise;

“bridge road” means, except in Schedule 6, the length of the highway commencing from the A57 Manchester Road in the north at national grid reference SJ6915390429 to Warburton Bridge Road at national grid reference SJ6980489711 in the south;

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

“the Canal” means the Manchester Ship Canal;

“Change of Control” means the obtaining of Control of the Company by any person or group of connected persons who did not previously hold Control of the Company;

“the Company” means Rixton and Warburton Bridge Company Limited (Company No. 13617881) incorporated under the 2006 Act and having its registered office at Maritime Centre, Port of Liverpool, Liverpool L21 1LA;

“completion of the Improvements” means completion of the Improvements so that the same is complete in accordance with the relevant construction contract or contracts;

“concession agreement” means a legally binding arrangement which may be comprised in one or more documents that makes provision for financing, refinancing, operation, maintenance or any other matter in respect of the Rixton and Warburton Bridge;

“Control” has the meaning given in section 1124(2) of the Corporation Tax Act 2010(6);

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form,

and in this definition “electronic communications network” has the same meaning as in section 32(1)(7) (meaning of electronic communications networks and services) of the Communications Act 2003;

“exemptions register” means the register of vehicles exempt from tolls maintained by MSCC in accordance with article 8 (tolls) and Schedule 2 (register of vehicles exempt from tolls);

“harbour master” means the officer appointed by MSCC from time to time to execute the office of harbour master and includes any assistants and subordinates in so far as such assistants and subordinates are duly authorised to act on behalf the harbour master;

“Improvements” means the works specified in Schedule 6 of this Order;

“local highway authorities” means Warrington Borough Council and Trafford Borough Council in their respective roles as highway authorities in respect of the bridge road under the Highways Act 1980(8);

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

“Manchester Ship Canal Acts and Orders 1885 to 2012” means those Acts and Orders set out in Schedule 3 (Manchester Ship Canal Acts and Orders);

“MSCC” means The Manchester Ship Canal Company Limited;

“registered keeper”, in relation to a motor vehicle means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994(9);

“reserve fund” means a fund to be used exclusively for the maintenance and operation of the Rixton and Warburton Bridge;

“Rixton and Warburton Bridge” means the bridge known as the Rixton and Warburton Bridge authorised by the 1863 Act and the 1890 Act together with the bridge road as shown in the plan in Schedule 5 and all toll booths or other toll collection facilities constructed on the said bridge or the bridge road;

“the transfer date” means the day appointed by MSCC by ordinary resolution which must be a day at least 4 weeks after the day on which this Order comes into force;

“the Undertaking” means the Rixton and Warburton Bridge undertaking and includes—

(a)

all statutory and other powers and duties of MSCC conferred or imposed on MSCC by or under any provision of the Manchester Ship Canal Acts and Orders 1885 to 2012;

(b)

the property, rights, liabilities and obligations, including all lands, works, buildings, machinery, stores and other real and personal property, assets and effects, contractual rights and obligations, and other rights and privileges vested in or enjoyed by MSCC, in respect of the Rixton and Warburton Bridge; and

in relation to the transfer of the Undertaking, means those statutory and other powers and duties, property, rights, liabilities and obligations of MSCC as they exist immediately before the transfer date in respect of the Rixton and Warburton Bridge; and

“vehicle” means a mechanically propelled vehicle intended or adapted for use on roads including a trailer.

(1)

1863 c. lxiii.

(2)

1890 c. ccxxvii.

(3)

1984 c. 27.

(4)

2000 c. 38.

(5)

2006 c. 46.

(6)

2010 c. 4.

(7)

2003 c. 21. Section 32(1) was amended by S.I. 2011/1210.

(8)

1980 c. 66.

(9)

1994 c. 22.