The Rixton and Warburton Bridge Order 2024

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.

(1)

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