The Greater Manchester (Light Rapid Transit System) (Trafford Park) Order 2001

PART II WORKS PROVISIONS

Principal powers

Power to construct and maintain work

3.—(1) Subject to paragraphs (5) and (6) below, the undertaker may construct and maintain the scheduled work in lieu of so much of Work No. 3 of the 1992 Act as lies between the commencement and termination points of the scheduled work and may construct and maintain the remainder of that work under the 1992 Act to join the scheduled work.

(2) Subject to article 4 below, the scheduled work may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.

(3) The undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of, the scheduled work, namely—

(a) stations, platforms and stopping places,

(b) works required for, or in connection with, the control of any vehicular and pedestrian traffic,

(c) works for the strengthening, alteration or demolition of any building or structure,

(d) works to alter the position of any street furniture or apparatus, including mains, sewers, drains and cables,

(e) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,

(f) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the other works authorised by this Order, and

(g) replacement facilities and works for the benefit or protection of premises affected by the other works authorised by this Order.

(4) The undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled work.

(5) If the undertaker constructs the scheduled work, the undertaker shall not construct that part of Work No. 3 of the 1992 Act in lieu of which the scheduled work is authorised to be constructed.

(6) If the undertaker constructs any part of Work No. 3 of the 1992 Act between the commencement and termination points of the scheduled work, the undertaker shall not construct the scheduled work.

Power to deviate

4.—(1) In constructing or maintaining the scheduled work, the undertaker may—

(a) deviate laterally from the lines or situations shown on the works plans within the limits of deviation for that work shown on those plans, and

(b) deviate vertically from the levels shown on the sections—

(i) to any extent not exceeding 3 metres upwards, and

(ii) to any extent downwards.

(2) The undertaker may in constructing or maintaining the scheduled work provide within the limits of deviation such number of lines of rails and sidings as may be necessary or expedient.

Application of the Greater Manchester (Light Rapid Transit System) Act 1992

5.  The following provisions of the 1992 Act shall apply to the scheduled work as if it were a work authorised by that Act and were included within the definition of “the tramroads” in section 2 of that Act—

• section 6 (gauge of tramroads and tramway),

• section 8 (plans to be approved by Secretary of State before works commenced),

• section 9 (approval of Secretary of State),

• section 10 (certain works to be deemed tramways, etc.),

• section 11 (extension of powers).