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The South Hampshire Rapid Transit Order 2001

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  1. Introductory Text

  2. PART I PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application of enactments relating to railways

    4. 4.Application of 1991 Act

  3. PART II WORKS PROVISIONS

    1. Principal powers

      1. 5.Power to construct works

      2. 6.Power to deviate

      3. 7.Designation of works

    2. Streets

      1. 8.Power to alter layout of streets

      2. 9.Power to keep apparatus in streets

      3. 10.Power to execute street works

      4. 11.Stopping up of streets

      5. 12.Temporary stopping up of streets

      6. 13.Access to works

      7. 14.Construction and maintenance of new or altered streets

      8. 15.Construction of bridges and tunnels

      9. 16.Restoration of streets if street tramway discontinued

      10. 17.Agreements with street authorities

      11. 18.Level crossings

    3. Incorporation of railways

      1. 19.Agreements with Railtrack

      2. 20.As to local railway enactments

    4. The Tunnel

      1. 21.Additional powers for tunnel

      2. 22.Prohibitions within tunnel area

      3. 23.Protection of tunnel, etc.

      4. 24.As to Portsmouth to Gosport ferry, etc.

      5. 25.No apparatus in tunnel without consent

      6. 26.Protection of navigation

    5. Supplemental

      1. 27.Attachment of equipment to buildings for purposes of transit system

      2. 28.Discharge of water

      3. 29.Safeguarding works to buildings

      4. 30.Power to construct temporary transit systems

      5. 31.Planning permission: supplementary matters

      6. 32.Power to survey and investigate land

      7. 33.Mode of construction and operation of transit system

      8. 34.Obstruction of construction of transit system

  4. PART III ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 35.Power to acquire land

      2. 36.Application of Part I of Compulsory Purchase Act 1965

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

      4. 38.Powers to acquire new rights

      5. 39.Powers to acquire subsoil only

      6. 40.Rights under or over streets

    2. Temporary possession of land

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

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

    3. Compensation

      1. 43.Disregard of certain interests and improvements

    4. Supplementary

      1. 44.Acquisition of part of certain properties

      2. 45.Extinction or suspension of private rights of way

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

  5. PART IV OPERATION OF TRANSIT SYSTEM

    1. 47.Power to operate and use transit system

    2. 48.Maintenance of approved works, etc.

    3. 49.Power to charge fares

    4. 50.Disapplication of duties respecting provision of transport services

    5. 51.Concessionary travel

    6. 52.Removal of obstructions

    7. 53.Traffic signs

    8. 54.Traffic regulation

    9. 55.Power to lop trees overhanging transit system

    10. 56.Trespass on tramroads and busways

    11. 57.Power to make byelaws

    12. 58.Power to contract for police services

    13. 59.Powers of disposal, agreements for operation, etc.

    14. 60.Application of landlord and tenant law

    15. 61.Tramcars deemed to be public service vehicles

    16. 62.Substitute road services

  6. PART V PROTECTIVE PROVISIONS

    1. 63.Statutory undertakers, etc.

    2. 64.Protection of railway interests

    3. 65.Minerals

    4. 66.Saving for highway authorities

  7. PART VI MISCELLANEOUS AND GENERAL

    1. 67.Disclosure of confidential information

    2. 68.Certification of plans, etc.

    3. 69.Service of notices

    4. 70.No double recovery

    5. 71.Arbitration

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      SCHEDULED WORKS

    2. SCHEDULE 2

      ACQUISITION OF CERTAIN LAND

    3. SCHEDULE 3

      STREETS SUBJECT TO ALTERATION OF LAYOUT

    4. SCHEDULE 4

      STREETS TO BE STOPPED UP

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

      2. PART II STREETS FOR WHICH NO SUBSTITUTE WILL BE PROVIDED

    5. SCHEDULE 5

      STREETS TO BE TEMPORARILY STOPPED UP

    6. SCHEDULE 6

      LEVEL CROSSINGS

      1. PART I TRAMROAD LEVEL CROSSINGS

      2. PART II TRAMWAY LEVEL CROSSINGS

    7. SCHEDULE 7

      PROTECTION OF NAVIGATION

      1. 1.In this Schedule— “construction” includes execution, placing, alteration and reconstruction...

      2. Tidal Works

        1. 2.(1) A tidal work shall not be constructed, altered, replaced...

      3. Lights etc. during tidal works

        1. 3.(1) The undertaker shall— (a) during the whole time of...

      4. Damage etc. to works

        1. 4.(1) In case of damage to or destruction or decay...

      5. Abandonment etc. of structures

        1. 5.(1) Where a tidal work is abandoned, or allowed to...

      6. Surveys etc.

        1. 6.The Secretary of State may, if he considers it expedient,...

      7. Permanent lights etc.

        1. 7.(1) The undertaker shall— (a) exhibit at the outer extremity...

      8. Offences

        1. 8.(1) Where the undertaker is guilty of an offence under...

      9. Expenses

        1. 9.The Secretary of State shall be entitled to recover from...

      10. As to Queen’s Harbour Master

        1. 10.(1) The undertaker shall, before commencing any specified work or...

        2. 11.Without prejudice to any conditions attached to an approval by...

        3. 12.(1) Notwithstanding anything in this Order but subject to paragraph...

        4. 13.The Undertaker shall— (a) at all times afford reasonable facilities...

        5. 14.(1) The Queen’s Harbour Master may recover from the undertaker...

        6. 15.Any difference arising between the undertaker and the Queen’s Harbour...

        7. 16.The provisions of paragraphs 10 to 15 shall have effect...

      11. Saving

        1. 17.Nothing in this Schedule shall prejudice or derogate from the...

    8. SCHEDULE 8

      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 above,...

      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...

    9. SCHEDULE 9

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    10. SCHEDULE 10

      TRAFFIC REGULATION

      1. PART I PROHIBITION AND RESTRICTION OF STOPPING AND WAITING

      2. PART II PARKING PLACES

      3. PART III DIRECTION OF TRAFFIC

      4. PART IV PROHIBITION ON ACCESS

    11. SCHEDULE 11

      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 11...

      3. Application of telecommunications code

        1. 3.(1) Paragraph 21 of the telecommunications code shall not apply...

    12. SCHEDULE 12

      PROTECTION OF RAILWAY INTERESTS

      1. 1.The following provisions of this Schedule shall have effect, unless...

      2. 2.In this Schedule— “construction” includes execution, placing, alteration and reconstruction...

      3. 3.In so far as the specified works or the acquisition...

      4. 4.The undertaker shall not under the powers of this Order...

      5. 5.(1) The undertaker shall not exercise the powers of article...

      6. 6.(1) For the purposes of this paragraph— “EMI” means, subject...

      7. 7.(1) The undertaker shall, as soon as reasonably practicable following...

      8. 8.(1) The undertaker shall before commencing construction of the specified...

      9. 9.(1) Upon signifying his approval or disapproval of the plans...

      10. 10.The undertaker shall give to the engineer not less than...

      11. 11.The specified works shall, when commenced, be constructed—

      12. 12.The undertaker shall— (a) at all times afford reasonable facilities...

      13. 13.Railtrack shall at all times afford reasonable facilities to the...

      14. 14.Before either Railtrack or the undertaker provide any new illumination...

      15. 15.If at any time after completion of the specified works...

      16. 16.(1) Subject to paragraph 19 below, the undertaker shall pay...

      17. 17.Railtrack shall, on receipt of a request of a receipt...

      18. 18.The undertaker shall indemnify Railtrack from and against all claims...

      19. 19.Railtrack shall give to the undertaker reasonable notice of any...

      20. 20.In the assessment of any sums payable to Railtrack under...

      21. 21.Nothing in this Schedule shall impose any liability on the...

      22. 22.If the cost to Railtrack of maintaining, working or removing...

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