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SCHEDULES

Article 8

SCHEDULE 1LEVEL OF TOLLS

PART 1LEVEL OF TOLLS

Tolls

1.—(1) The maximum tolls that MSCC may demand and take in respect of passing over the Rixton and Warburton Bridge are £1.00 as may be adjusted in accordance with sub-paragraphs (2) and (5).

(2) MSCC may make an adjustment in April of any year in the amount of tolls specified in sub-paragraph (1), as may be revised under sub-paragraph (5), and any such adjustment will be no more than the percentage difference between the consumer price index for February of that year and the consumer price index for the month of February immediately preceding the making of this Order and then subtracting one per cent.

(3) References in sub-paragraph (2) to the consumer price index are to the monthly United Kingdom index of Consumer Prices (for all items) published by the Office for National Statistics (or such other measure of consumer price inflation which replaces it).

(4) If that index is not published for any month, those references are to any other index, or substitute for that index, for that month published by that office for that month.

(5) The amount of toll specified in sub-paragraph (1), as may be adjusted in accordance with sub-paragraph (2), will be revised by the amount of any changes to the VAT.

(6) MSCC may only charge the toll under sub-paragraph (1) up to a maximum of two crossings over the Rixton and Warburton Bridge per day.

(7) In this article, “VAT” means Value Added Tax or any other tax replacing that tax.

2.—(1) Subject to article 8(7) (tolls) and sub-paragraphs (2) and (3) MSCC at any time by resolution may determine—

(a)the amount of any tolls under paragraph 1, provided it does not exceed the maximum amount set out in that paragraph; or

(b)different level of tolls for different classes of vehicles provided it does not exceed the maximum amount set out in paragraph 1; or

(c)the classification of vehicles or classes of vehicles in respect of which tolls may be charged in accordance with paragraph 1.

(2) Whenever MSCC proposes to exercise its power in accordance with sub-paragraph (1) MSCC must publish in at least one local newspaper circulating in the area in which the Rixton and Warburton Bridge is situated, a notice substantially in the form set out in Part 2 of this Schedule.

(3) MSCC may charge the tolls set out in a notice given under sub-paragraph (2) from the day 28 days after that on which the notice referred to in sub-paragraph (2) is published.

(4) The toll in respect of any vehicle or class of vehicles may not be varied pursuant to this paragraph if less than 12 months have passed following the previous exercise by MSCC of its powers under this paragraph.

3.—(1) Whenever MSCC proposes to revise the toll that applies in respect of any vehicle or class of vehicles pursuant to paragraph 2 MSCC must publish a notice substantially in the form set out in Part 2 of this Schedule—

(a)in at least one local newspaper circulating in the area in which the Rixton and Warburton Bridge is situated; and

(b)send an electronic transmission to the person registered to any Account.

(2) MSCC may charge the tolls set out in a notice given under sub-paragraph (1) from the day 28 days after that on which the notice referred to in sub-paragraph (1) is published.

Local residents’ discount

4.  Subject to the provisions of paragraph 5 of this Part of the Schedule, MSCC must apply a discount of 50% to tolls payable in respect of passing over the Rixton and Warburton Bridge in respect of a vehicle for which the registered keeper is a local resident.

5.—(1) The obligation under paragraph 4 in respect of local residents’ discount may be modified or discharged—

(a)by agreement between the undertaker and the local highway authorities executed as a deed in respect of the Rixton and Warburton Bridge; or

(b)by the Secretary of State in accordance with provisions of this Part of the Schedule.

(2) Any request by MSCC for agreement under section 5(1)(a) must be made to the monitoring officer of the relevant local highway authority.

(3) The undertaker may, at any time after the expiry of the period of five years beginning with the date on which this Order comes into force, apply to the Secretary of State for the local residents’ discount—

(a)to have effect subject to such modifications as may be specified in the application; or

(b)to be discharged,

and must notify the local highway authorities and any other persons as the Secretary of State considers appropriate as soon as any such application is made.

(4) An application under sub-paragraph (2), for the modification of the obligation under paragraph 4 of this Part of the Schedule may not specify a modification imposing an obligation on any other person other than the undertaker.

(5) Where an application is made to the Secretary of State under sub-paragraph (2), the Secretary of State must consult the local highway authorities before deciding the application.

(6) When deciding an application under sub-paragraph (2) the Secretary of State must have regard to—

(a)any responses by the local highway authorities to the consultation under sub-paragraph (5);

(b)the adequacy of the revenue from tolls to meet the purposes set out in article 8(7); and

(c)the need to mitigate impacts of the tolls on local residents.

(7) After having regard to the matters set out in this sub-paragraph and any other matters which the Secretary of State considers to be relevant the Secretary of State may determine that the obligation in respect of the local residents’ discount—

(a)continues to have effect without modification;

(b)is discharged; or

(c)continues to have effect subject to the modifications specified in the application or such other modification as the Secretary of State considers necessary.

(8) The Secretary of State must give notice of the determination to the undertaker and the local highway authorities within three months of the date of the application and provide full reasons for the decision.

(9) Where the Secretary of State determines under this paragraph that the obligation in respect of the local residents’ discount has effect subject to modifications specified in the application, the obligation as modified will be enforceable not less than 28 days after the date on which notice of the determination is published in accordance with sub-paragraph (12) or such other date as the Secretary of State may determine.

(10) An application to the Secretary of State under sub-paragraph (3) must include the following information—

(a)the name and address of the undertaker;

(b)sufficient information to enable identification of the obligation which the undertaker wishes to have modified or discharged;

(c)the undertaker’s reasons for applying for the modification or discharge of that obligation; and

(d)such other information as the Secretary of State considers necessary to enable the Secretary of State to determine the application.

(11) When the Secretary of State receives an application for the modification or discharge of an obligation under sub-paragraph (3) the undertaker will arrange for the application to be publicised by—

(a)posting notice of the application on or near the land to which the obligation relates for not less than 21 days; or

(b)publishing notice of the application in a local newspaper circulating in the locality in which that land is situated and on the undertaker’s website.

(12) When the Secretary of State issues the notice of determination under sub-paragraph (9) the undertaker will arrange for the notice of determination to be publicised by—

(a)posting notice of the application on or near the land to which the obligation relates for not less than 21 days; and

(b)publishing notice of the application in a local newspaper circulating in the locality in which that land is situated and on the undertaker’s website.

(13) The notice referred to in paragraph (7) must include the following—

(a)the name of the undertaker;

(b)details of the obligation that is proposed to be modified or discharged;

(c)an address or website where members of the public may inspect copies of the application;

(d)the address or email address to which any person who wishes to make representations may write; and

(e)a date (no later than 21 days beginning on the date that the notice is posted or published) by which such representations should be made to the Secretary of State.

(14) Section 84 of the Law of Property Act 1925(1) (power to discharge or modify restrictive covenants affecting land) does not apply to an obligation under paragraph 2 of Part 1 of this Schedule.

(15) In this paragraph and in paragraph 4—

“local resident” means a person who permanently resides at a property in one of the following postcodes—

(a)

WA3 6;

(b)

WA13 9; or

(c)

M31 4;

“local residents’ discount” means the discount applied by paragraph 4 of this Part to the tolls payable in respect of passing over the Rixton and Warburton Bridge; and

“undertaker” means MSCC or the Company if the power under article 5 (transfer of Undertaking) or under article 10(3) (power to enter into concession agreements and lease or transfer the Undertaking, etc.) of this Order has been exercised, being the undertaker bound by obligations under paragraph 4 of this Part of the Schedule.

No tolls during construction of the Improvements

6.  MSCC may not charge any toll in respect of passing over the Rixton and Warburton Bridge once the Improvements have commenced until the Improvements have been completed and MSCC has served a notice on the local highway authorities confirming the date on which the Improvements have been completed.

PART 2FORM OF NOTICE

THE RIXTON AND WARBURTON BRIDGE ORDER 2023: NOTICE OF REVISION OF [TOLLS] [VEHICLE CLASSIFICATIONS]

The [tolls/vehicle classifications] applicable to the Rixton and Warburton Bridge shall be:

[state revised tolls/vehicle classifications].

The revisions set out above shall take effect [on a date not less than 28 days after the date of the notice].

Signed: …………………………………………….

*On behalf of: ………………………………..……

Date: ………………………………………………

Name and status of signatory: …………………….

*Delete or amend as appropriate

Articles 2 and 8

SCHEDULE 2REGISTER OF VEHICLES EXEMPT FROM TOLLS

1.  Tolls may not be levied in respect of—

(a)a vehicle whose details have been recorded on the exemptions register in accordance with this Schedule;

(b)a vehicle being used in connection with—

(i)the collection of tolls or charges; or

(ii)the maintenance, improvement or renewal of, or other dealing with the Rixton and Warburton Bridge or any structure, works or apparatus in, on, under or over any part of the Rixton and Warburton Bridge;

(c)a vehicle which, having broken down on the Rixton and Warburton Bridge while travelling in one direction, is travelling in the opposite direction otherwise than under its own power;

(d)a military vehicle, that is, a vehicle used for army, naval or air force purposes, while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown;

(e)a public service vehicle as defined in section 1 (definition of “public service vehicle”)(2) of the Public Passenger Vehicles Act 1981 which is being used in the provision of a local service as defined in section 2 (local services) of the Transport Act 1985(3); or

(f)the following vehicles, being used in the execution of duty, at the time of passing over the Rixton and Warburton Bridge—

(i)a vehicle being used for police purposes, or being the property of the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad;

(ii)a fire engine as defined by paragraph 4(2) of Schedule 2 (exempt vehicles) to the Vehicle Excise and Registration Act 1994(4);

(iii)a vehicle which is kept by a fire authority as defined by paragraph 5 of that Schedule;

(iv)an ambulance as defined by paragraph 6 of that Schedule; or

(v)a vehicle exempt from vehicle excise duty under paragraph 7 (vehicles being used or kept on a road by a health service body, a National Health Service trust, an NHS foundation trust, a Local Health Board or the Care Quality Commission).

2.  Subject to paragraph 3, vehicles falling within the following descriptions of motor vehicles are eligible to be entered upon the exemptions register—

(a)a vehicle owned by or being used for the transport of a person who has a disabled person’s badge and which displays a current disabled person’s badge issued under—

(i)section 21 of the Chronically Sick and Disabled Persons Act 1970(5), or

(ii)section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978(6); or

(b)a motorcycle as defined by paragraph 2(3) of Schedule 1 to the Vehicle Excise and Registration Act 1994 or a moped.

3.  With the exception of vehicles listed in paragraph 1(d) to (f) of this Schedule, a vehicle is not eligible to be entered upon the exemptions register if its height, width or weight (including load in each case) exceeds the following—

(1)(2)
Height5.18 metres
Width2.5 metres
Weight7.5 tonnes

4.  MSCC may, with the Secretary of State’s consent, amend, remove, revise or change categories of vehicles specified in paragraph 2, from time to time.

5.  MSCC may require that an application to enter particulars of a vehicle on the exemptions register or to renew the registration of a vehicle—

(a)includes all such information as MSCC may reasonably require; and

(b)is made by such means as MSCC may accept.

6.  Registration of a vehicle upon the exemptions register is subject to the imposition of such further conditions as MSCC may reasonably impose.

7.  Where MSCC receives an application that complies with paragraph 5 to enter particulars of a vehicle on the exemptions register, or to renew the registration of a vehicle, and the vehicle falls within the descriptions set out in paragraph 2 subject to the provisions of paragraph 3, it will enter the particulars of that vehicle on the exemptions register within 20 working days of receiving such an application.

8.  MSCC may remove particulars of a vehicle from the exemptions register—

(a)in the case of a vehicle registered in relation to the holder of a disabled person’s badge, when that person ceases to be an eligible person for a disabled person’s badge as set out in paragraph 2(a);

(b)in the case of any vehicle at the end of the period of 7 consecutive days beginning with the day on which a change in the keeper of the vehicle occurred, unless MSCC renews the registration for a further period on application to it by or on behalf of the new keeper.

9.  Where the registered keeper of a vehicle is aware that the vehicle has ceased or will cease to be a vehicle eligible to be entered on the exemptions register the keeper must notify MSCC of the fact within 7 days of becoming so aware, and MSCC will remove the particulars of the vehicle from the exemptions register as soon as reasonably practicable or from the date notified to MSCC as the date on which it will cease to be a vehicle eligible to be recorded on the exemptions register.

10.  If MSCC is no longer satisfied that a vehicle is an exempt vehicle it may—

(a)notify the registered keeper of its intention to remove the particulars of the vehicle from the exemptions register; and

(b)remove the particulars of the vehicle from the exemptions register no earlier than 14 days after sending the notification.

11.  Nothing in this Schedule prevents the making of a fresh application for particulars of a vehicle to be entered in the exemptions register either on receipt of a notification of the intention to remove the particulars of the vehicle, or after they have been removed from it in accordance with any provision of this Schedule.

Article 2

SCHEDULE 3MANCHESTER SHIP CANAL ACTS AND ORDERS

Article 3

SCHEDULE 4BYELAWS

PART 1INTERPRETATION

1.  In these byelaws—

“the 1863 Act” means the Rixton and Warburton Bridge Act 1863(7);

“the 1890 Act” means the Manchester Ship Canal (Various Powers) Act 1890(8);

“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, which is identified by a unique account number;

“ANPR” means automatic number plate recognition;

“authorised person” means a person or servant or agent or contractor appointed by or authorised by the undertaker to carry out duties in relation to the regulation, direction and control of traffic and for the purposes of the byelaws set out in Part 2 (regulation of traffic in the Rixton and Warburton Bridge) and in Part 7 (prevention of damage and nuisance generally) of the byelaws additionally means any police constable or police community support officer;

“the Bridge” means the bridge known as the Rixton and Warburton Bridge authorised by the 1863 Act and the 1890 Act;

“the bridge road” means 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;

“the Canal” means the Manchester Ship Canal;

“the Company” means Rixton and Warburton Bridge Company Limited (Company No. 13617881 incorporated under the Companies Act 2006(9)and having its registered office at Maritime Centre, Port of Liverpool, Liverpool L21 1LA;

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

“MSCC” means The Manchester Ship Canal Company Limited;

“notice” includes a sign, signal and a digital or other display, and in appropriate circumstances, an audible announcement;

“the Order” means the Rixton and Warburton Bridge Order 2024;

“relevant date” means the second day after the date of the passage of a vehicle across the Rixton and Warburton Bridge;

“Rixton and Warburton Bridge” means the Bridge together with the bridge road as shown in the plan in Schedule 5 to the Order and all toll booths or other toll collection facilities constructed on the said Bridge or the bridge road;

“Tag” means an electronic device fitted to a vehicle, on the inside of the windscreen, to allow tolling without physical payment using cash, provided there is credit on the Account;

“undertaker” means MSCC, or the Company or other assignee if the power under article 5 (transfer of Undertaking) or under article 10(3) (power to enter into concession agreements and lease or transfer the Undertaking, etc.) of the Order has been exercised; and

“website” means https://www.warburtontollbridge.co.uk/ or as otherwise set-up from time to time and publicised by the undertaker.

2.  Unless the context otherwise requires—

(a)words importing the singular number includes the plural and vice versa;

(b)words imparting any particular gender includes the other gender; and

(c)any reference in the byelaws to any statute or statutory provision is construed as referring to that statute or statutory provision as it may from time to time be amended, modified, extended, re-enacted or replaced (whether before or after the date of this byelaw) and including all subordinate legislation from time to time made under it.

3.  The Interpretation Act 1978(10) applies to the interpretation of these byelaws as it applies to the interpretation of an Act of Parliament.

4.  Nothing in these byelaws applies so as to restrict the execution of duties or the carrying out of works or services on the Rixton and Warburton Bridge by authorised persons or by any police office or fire officer.

PART 2REGULATION OF TRAFFIC ON THE RIXTON AND WARBURTON BRIDGE

5.  The driver of a vehicle on the Rixton and Warburton Bridge must comply with all traffic signals and instructions given by an authorised person and with all notices (including any temporary notices), road markings and traffic signals displayed on the Rixton and Warburton Bridge.

6.  Subject to byelaw 8, the maximum speed for a vehicle on the Rixton and Warburton Bridge will be that which is indicated by the displayed road signs.

7.  The minimum speed is 15 miles per hour except for pedal cycles or where prevented by other vehicles or at places where stops or a lower speed are unavoidable or are permitted or directed by an authorised person or displayed temporary road signs (whether advisory or mandatory).

8.  The procedures for imposing or exceeding mandatory speed limits for emergency vehicles are prescribed under the relevant legislation and the penalties for contravening local speed limits are prescribed in the Road Traffic Regulation Act 1984(11), the Road Traffic Act 1988(12) and the Road Traffic Offenders Act 1988(13) or any amendment thereof relating to speed limits.

9.  A person must not use or cause to be used a vehicle on the Rixton and Warburton Bridge unless the load carried by the vehicle is at all times contained or secured (if necessary by physical restraint other than its own weight) and is in such a position that neither danger nor nuisance is caused or is likely to be caused to a person or property by reason of the load to any part of the load falling or being thrown from the vehicle.

10.  A driver of a vehicle which has shed its load in full or in part on the Rixton and Warburton Bridge such that it has caused, or may cause, an obstruction or other hazard to users of the Rixton and Warburton Bridge or to users of the Canal must as soon as reasonably practicable—

(a)inform an authorised person of the loss of the load; and

(b)inform an authorised person of the identity of, and contact details for, the owner of the load.

11.  The driver of a vehicle on the Rixton and Warburton Bridge must maintain a safe and prudent distance between that driver’s own vehicle and the one immediately in front of it.

12.  A person driving a vehicle on the Rixton and Warburton Bridge must not stop the vehicle unless directed by an authorised person, notice or traffic signal or compelled by traffic, or unless it is necessary for the vehicle to do so—

(a)by reason of a breakdown of the vehicle;

(b)by reason of, or to prevent, an accident with another vehicle or person on the Rixton and Warburton Bridge;

(c)by reason of illness of the driver of the vehicle or other emergency which causes the driver to be unable to continue to drive the vehicle;

(d)to permit any person carried in or on the vehicle to recover or move any object that has fallen;

(e)to permit any person carried in or on the vehicle to give help which is required by any person in any of the circumstances specified in paragraphs (a), (b), (c) or (d);

(f)for the discharge of functions contained in legislation relating to fires and emergencies.

13.  A vehicle may be towed on the Rixton and Warburton Bridge provided it is secured by means of towing equipment which is appropriate for the purpose and provided that, if explicitly directed by an authorised person because of safety concerns, the vehicle and towing equipment have been examined by an authorised person.

14.  A person must not drive onto the Rixton and Warburton Bridge any vehicle which is not provided with sufficient petrol or other fuel and mechanical power to ensure that it maintains the minimum speed specified in these byelaws and is able to traverse the Rixton and Warburton Bridge.

15.  A person must not, except with the permission of an authorised person, refuel any vehicle or undertake any repairs to a vehicle or change a tyre or wheel of a vehicle on the Rixton and Warburton Bridge.

16.—(1) If the driver of a vehicle on the Rixton and Warburton Bridge refuses to move the vehicle when ordered to do so by an authorised person, or if a vehicle on the Rixton and Warburton Bridge is unable to proceed because of a breakdown, it will be lawful for it to be removed by an authorised person at the cost and expense of the owner of person in charge of the vehicle, and a person must not obstruct any such authorised person in carrying out such removal.

(2) The vehicle will be removed to a location which will be either—

(a)the operational premises of the recovery company employed for this service; or

(b)other designated area as specified by the undertaker or an authorised person,

details of which will be available on the website.

PART 3DANGEROUS TRAFFIC

17.  A person must not, except with the consent of an authorised person, take or cause or permit to be taken on to the Rixton and Warburton Bridge any vehicle carrying any goods, substances or articles of a dangerous nature.

PART 4EXCLUDED TRAFFIC

18.  A person must not enter, attempt to enter or remain on any part of the Rixton and Warburton Bridge when instructed not to do so by an authorised person or where there is a notice prohibiting or restricting access.

19.  A person must not take or cause or permit to be taken onto the Rixton and Warburton Bridge any of the following vehicles—

(a)vehicles which emit grit, sparks, ashes, cinders, or oily substances in a manner which contravenes any regulations for the time being in force under the Road Traffic Act 1988(14) or any amendment relating to the construction and use of motor vehicles;

(b)vehicles which, in the opinion of an authorised person, are in such a condition or are so loaded, built or equipped as to be likely to retard traffic, injure persons or damage property.

PART 5SPECIAL TYPE VEHICLES

20.—(1) A person must not take or permit to be taken onto the Bridge, without the prior permission of an authorised person and subject to such conditions as the authorised person may direct (which may include an escort, for which a reasonable charge may be made), any vehicle, except any vehicle entered into the Exemptions Register in accordance with article 9 (payment of tolls) of, and Schedule 2 (register of vehicles exempt from tolls) to, the Order, whose height, width or weight (including load in each case) exceeds the following—

(1)(2)
Height5.18 metres
Width2.5 metres
Weight3 tonnes

(2) Application for permission of an authorised person under this byelaw must be made in writing at least 6 clear days before the proposed arrival at the Bridge of the vehicle the subject of the application.

PART 6TOLLS AND CHARGES

21.  A toll is to be demanded and taken in accordance with the provisions of the Order and any order modifying, amending or replacing it unless the vehicle is exempt from the requirement to pay a toll.

22.  In respect of the passage of a vehicle across the Rixton and Warburton Bridge which is not exempt, payment of the toll may be made in the following ways—

(a)by pre-payment of the toll;

(b)by payment of the toll via ANPR;

(c)by payment of the toll via a Tag; or

(d)in accordance with the payment methods published from time to time by the undertaker.

23.  A person driving a vehicle across the Rixton and Warburton Bridge is liable to pay a toll at a level displayed at all entry points onto the Rixton and Warburton Bridge.

24.  A liability to pay unpaid toll charges in respect of a vehicle arises where—

(a)a liability to pay a toll under byelaw 21 has been incurred in respect of that vehicle;

(b)a toll has not been paid in full by, or on behalf of, either the driver or registered keeper of that vehicle in respect of the passage by the vehicle across the Rixton and Warburton Bridge; and

(c)the toll remains unpaid after the relevant date.

25.  The levels of unpaid toll charges to be applied to a vehicle in accordance with byelaw 24 are—

(a)£30.00 (thirty pounds) in addition to the toll payable when paid in full within fourteen days beginning with the relevant date;

(b)£60.00 (sixty pounds) in addition to the toll payable when paid in full between fourteen days from the relevant date and twenty-eight days following the relevant date;

(c)£100.00 (one hundred pounds) in addition to the toll payable when paid in full after twenty-eight days following the relevant date.

26.  For the purpose of byelaw 22(b), the undertaker will use ANPR to record images of vehicles to calculate the toll due from the relevant Account.

27.  The undertaker will retain and use any such images or information recorded from vehicles in accordance with the General Data Protection Regulation(15) and the Data Protection Act 2018(16).

28.  A person, liable under byelaw 24, must inform the undertaker as soon as reasonably practicable if their vehicle is sold or stolen, and provide a unique reference number or crime reference number from the police or appropriate documentary evidence of the sale (as applicable) and, if the undertaker requests, confirm the theft or sale in writing.

29.  If the undertaker is not informed that the vehicle has been sold or stolen in accordance with byelaw 28, charges will continue to be calculated for the vehicle in accordance with byelaw 25 and the Account will remain liable for any charges incurred by the vehicle and the Account will continue to be debited.

30.  If the vehicle has been sold, a person may register a new vehicle to their Account by updating their Account.

31.  The undertaker will be entitled to deduct from an Account all liable charges, and other sums due to the undertaker in accordance with the byelaws and the Order, as they are incurred.

32.—(1) For the purpose of byelaw 22(c), a person may apply to the undertaker for a Tag.

(2) Any such application must be made on a form issued by and obtainable from the undertaker at the website and must include the particulars and information required by such form to be supplied.

(3) The undertaker may require an applicant for a Tag to produce evidence it may reasonably require to verify any particulars, in respect of information given to it.

(4) Upon receipt of an application duly made under this byelaw, the undertaker may issue to the applicant a Tag.

33.  The Tag holder must inform the undertaker as soon as reasonably practicable if their vehicle is sold or stolen, and provide a unique reference number or crime reference number from the police or appropriate documentary evidence of the sale (as applicable) and, if the undertaker requests, confirm the theft or sale in writing.

34.  If the undertaker is not informed that the vehicle has been sold or stolen in accordance with byelaw 33, charges will continue to be calculated for the vehicle in accordance with byelaw 25 and the Account will remain liable for any charges incurred by the vehicle and the Account will continue to be debited.

PART 7PREVENTION OF DAMAGE OR NUISANCE GENERALLY

35.  A person on the Rixton and Warburton Bridge must not climb upon, damage or remove any part of (whether deliberately or negligently) the structures of the Rixton and Warburton Bridge, equipment, fittings or appurtenances or any other property of the undertaker, or post any bill, placard or notice, or write or stamp, cut, print, draw or make marks in any manner on any part.

36.  A person must not remove, jump or otherwise manoeuvre over or under, any bar, railing, fence or barrier or open any gate or movable barrier fitter or placed on any part of the Rixton and Warburton Bridge or fix anything to the Rixton and Warburton Bridge without prior consent from an authorised person.

37.  A person must not move, alter, or deface or otherwise interfere with any notice or sign belonging to the undertaker and exhibited or placed on the Rixton and Warburton Bridge.

38.  A person, other than one so authorised by the undertaker, must not throw or drop in any part of the Rixton and Warburton Bridge anything whatsoever capable of injuring or damaging the bridge road or the Canal or any person or property.

39.  A person must not place or deposit or leave on the Rixton and Warburton Bridge any vehicle or any glass, china, earthenware, plastic, tin, paper, debris, oils, waste or other material so as to create an obstruction or litter or fire risk.

40.  A person must not wilfully obstruct or impede an authorised person in the execution of the authorised person’s duty, nor use threatening, abusive or insulting words or behaviour against the authorised person, on the Rixton and Warburton Bridge.

41.  A person must not offer for sale or sell any articles or produce of any description on the Rixton and Warburton Bridge without the express written permission of the undertaker.

42.  A person must not loiter or remain on the Rixton and Warburton Bridge or in any vehicle therein after having been requested by an authorised person to move therefrom.

43.  A person must not, without prejudice to any other requirement of the byelaws, act in any way as to cause, or likely to cause, harassment, alarm or distress to any person or cause a nuisance on the Rixton and Warburton Bridge.

PART 8CLOSURE OF THE BRIDGE ROAD

44.  During any period of closure of the Rixton and Warburton Bridge in accordance with article 4 (closing of the Rixton and Warburton Bridge) of the Order, the passage of any vehicle across the Rixton and Warburton Bridge may only be with the consent of the undertaker, whose decision will be final.

PART 9POWER TO EXCLUDE

45.  It will be lawful for an authorised person to prevent from gaining access to the Rixton and Warburton Bridge the driver of any vehicle or any other person who the authorised person has reasonable cause to believe is contravening, or will contravene, if the driver of the vehicle or the other person proceeds, any of these byelaws.

PART 10PENALTY FOR OFFENCES

46.  Any person who contravenes or fails to comply with a provision of these byelaws is liable on summary conviction to a fine not exceeding Level 3.

47.  The undertaker wherever applicable in monitoring infringements of these byelaws and in the prosecution of offenders is entitled to rely where appropriate—

(a)on the evidence of a device adapted for measuring the speed of vehicles by radar, laser or ANPR or any other means as may be approved by the Secretary of State; and

(b)to make admissible recorded images from the flow of traffic on the Rixton and Warburton Bridge.

Article 2

SCHEDULE 5PLAN

Rixton & Warburton Bridge Order - Schedule 7 Plan

Article 2

SCHEDULE 6SCHEDULE OF IMPROVEMENTS

Interpretation

1.  In this Schedule—

“ANPR” means automatic number plate recognition;

“the approach road” means 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 excluding the bridge road;

“the Bridge” means the bridge known as the Rixton and Warburton Bridge authorised by the 1863 Act and the 1890 Act;

“the bridge road” means the highway along the length of the structure of the Bridge;

“the DMRB” means the Design Manual for Roads and Bridges, which accommodates all current standards, advice and other documents relating to the design, assessment and operation of trunk roads and motorways, or any equivalent replacement to the DMRB published;

“highway” has the same meaning it has for the purposes of section 328(1) and (2) of the Highways Act 1980(17); and

“PBI 2022” means the Principal Bridge Inspection Report in respect of the Bridge dated July 2022.

The Improvements

2.  The Bridge—

works in respect of the Bridge itemised as E1, E2, E3, E4, E5 and E6 in the PBI 2022.

3.  Signage—

replace non-compliant weight restriction signs in respect of the Bridge.

4.  The bridge road—

(a)plane off existing surface;

(b)remove existing road surface including existing timber setts to deck plates;

(c)re-install water proofing to the Bridge’s deck plates;

(d)reconstruct the bridge road including a new surface at the same level as the existing bridge road;

(e)reinstate vehicle restraint barrier connection in accordance with the PBI 2022;

(f)provide road lines, markings and signage in accordance with the DMRB and the Traffic Signs Manual 2018 (as amended);

(g)clear any protruding vegetation along the length of the bridge road.

5.  Drainage—

(a)clean drains along the length of the bridge road and along the length of the approach road and carry out repairs as necessary in accordance with the DMRB;

(b)repair, and where necessary replace, brackets and failed sections of service pipes along the length of the bridge road and along the length of the approach road.

6.  The approach road—

(a)plane off existing surface;

(b)widen the approach road to 5.8 metres in so far as within MSCC’s ownership with new carriageway reconstruction;

(c)construct new footway up to 1.5 metres in width (adjacent to southbound running lane) in so far as within MSCC’s ownership;

(d)provide road lines, markings and signage in accordance with the DMRB and the Traffic Signs Manual 2018 (as amended);

(e)clear any protruding vegetation along the length of the approach road;

(f)repair existing Armco safety barriers and timber rail fencing where necessary.

7.  ANPR—

all the necessary works to remove existing toll booth and barriers in respect of the Bridge and install a system of payment of tolls via ANPR.

(1)

1925 c. 20. There are amendments to section 84 that are not relevant to this Order.

(2)

1981 c. 14. Section 1 was amended by the Transport Act 1985 (c. 67), Schedule 8.

(15)

EUR 2016/679, amended by the Advanced Research and Invention Agency Act 2022 (c. 4), paragraph 18 of Schedule 3, S.I. 2019/419 and S.I. 2020/1586.