Greater Manchester (Light Rapid Transit System) Act 1992

Part IV Protective provisions

17 For protection of British Railways Board

For the protection of the railways board the following provisions shall, unless otherwise agreed in writing between the Executive and the railways board, have effect:—

(1) In this section—

• “construction” includes execution, placing, alteration and reconstruction and“construct” and“constructed” have corresponding meanings;

• “the engineer” means an engineer to be appointed by the railways board;

• “plans” includes sections, drawings, specifications, soil reports, calculations and descriptions (including descriptions of methods of construction);

• “railway property” means any railway of the railways board and any works connected therewith for the maintenance or operation of which the railways board are responsible and includes any land held or used by the railways board for the purposes of such railway or works;

• “the signed plans” means the plans signed in duplicate by Ian Edward Marshall Buttress on behalf of the Executive and by Simon Kingsley Osborne on behalf of the railways board, one set of which has been retained by the Executive and one by the railways board;

• “specified works” means so much of the authorised works as may be situated upon, across, under or over or within 15 metres of, or may in any way affect, railway property and includes the construction, maintenance, alteration and renewal of the specified works:

(2) (a) The Executive shall not under the powers of this Act acquire compulsorily any railway property or any other land of the railways board but they may, with the consent of the railways board, which consent shall not be unreasonably withheld, acquire such easements or other rights in any railway property or any other land of the railways board delineated on the deposited plans or, as the case may be, the substituted plans as they may reasonably require for the purposes of the specified works;

(b) The Executive shall fence off the specified works from railway property or any other land of the railways board to the reasonable satisfaction of the engineer where so required by him:

(3) Notwithstanding the provisions of this Act or anything shown on the deposited plans and sections, the Executive shall not enter upon, take or use or acquire so much of the land numbered on the deposited plans 1 in the borough of Trafford as is shown coloured pink on the signed plans and, for the purposes of section 7 (Power to deviate) of this Act, the said land shall be deemed to be outside the limits of deviation shown on the deposited plans:

(4) During the construction of the specified works the Executive shall at all times ensure reasonable access to, and egress from—

(a) any station, depot or other operational premises of the railways board for vehicles and pedestrians;

(b) any other railway property for the railways board and their agents, contractors and employees (with or without vehicles, plant, machinery and materials):

(5) The Executive shall before commencing the specified works (other than works of maintenance or repair) furnish to the railways board proper and sufficient plans thereof for the reasonable approval of the engineer and shall not commence the specified works until plans thereof have been approved in writing by the engineer or settled by arbitration:

Provided that if within 56 days after such plans have been furnished to the railways board the engineer has not intimated his disapproval thereof and the grounds of his disapproval he shall be deemed to have approved the same:

(6) If within 56 days after such plans have been furnished to the railways board, the railways board give notice to the Executive that the railways board desire themselves to construct any part of the specified works which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of the railways board then, if the Executive desire such part of the specified works to be constructed, the railways board shall construct the same with all reasonable dispatch on behalf of and to the reasonable satisfaction of the Executive in accordance with the plans approved or deemed to be approved or settled as aforesaid:

(7) Upon signifying his approval or disapproval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his opinion should be carried out before the commencement of the specified works to ensure the safety or stability of railway property and such protective works as may be reasonably necessary for those purposes shall be constructed by the railways board or by the Executive, if the railways board so desire, with all reasonable dispatch and the Executive shall not commence the construction of the specified works until the engineer has notified the Executive that the protective works have been completed to his reasonable satisfaction:

(8) (a) The Executive shall give to the railways board notice in writing of their intention to commence the construction of any of the specified works in accordance with sub-paragraph (b) below and, except in emergency (when they shall give such notice as may be reasonably practicable), also of their intention to carry out any works for the maintenance or renewal of the specified works;

(b) The period of notice required to be given by the Executive to the railways board by virtue of sub-paragraph (a) above shall be—

(i) 6 months in any case where the engineer, upon signifying his approval or disapproval of plans furnished to the railways board under paragraph (5) above, has reasonably given it as his opinion that the construction, maintenance or renewal of the specified works will require the Executive to have temporary occupation of the permanent way of the railway (including land lying within a distance of 2 metres from any outer rail of the railway) or will necessitate the imposition of speed restrictions, or the substitution, diversion or suspension of train services; and

(ii) 28 days in all other cases:

(9) The specified works shall, when commenced, be carried out—

(a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled as aforesaid;

(b) under the supervision (if given) and to the reasonable satisfaction of the engineer;

(c) in such manner as to cause as little damage to railway property as may be; and

(d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe user of any railway of the railways board or the traffic thereon and the use by passengers of railway property;

and, if any damage to railway property or any such interference or obstruction is caused or takes place, the Executive shall, notwithstanding any such approval as aforesaid, make good such damage and shall on demand pay to the railways board all reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any such damage, interference or obstruction:

(10) The Executive shall—

(a) at all times afford reasonable facilities to the engineer for access to the specified works during their construction;

(b) ensure access for the engineer at all reasonable times to all working sites, depots and premises at which materials to be employed in the construction of the specified works are being made, constructed or assembled;

(c) supply the engineer with all such information as he may reasonably require with regard to the specified works or the method of construction thereof:

(11) The railways board shall at all times afford reasonable facilities to the Executive and their agents for access to any works carried out by the railways board under this section during their construction and shall supply the Executive with such information as they may reasonably require with regard to such works or the method of construction thereof:

(12) If any alterations or additions, either permanent or temporary to railway property are reasonably necessary in consequence of the construction of the specified works, such alterations and additions may be effected by the railways board after not less than 28 days' notice has been given to the Executive and the Executive shall pay to the railways board on demand the cost thereof as certified by the engineer including, in respect of permanent alterations and additions a capitalised sum representing the increased or additional cost of maintaining, working and, when necessary, renewing any such alterations or additions:

(13) The Executive shall repay to the railways board all costs, charges and expenses reasonably incurred by the railways board—

(a) in constructing any part of the specified works on behalf of the Executive as provided by paragraph (6) above or in constructing any protective works under the provisions of paragraph (7) above including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

(b) in respect of the employment of any inspectors, signalmen, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, watching, lighting and signalling railway property and for preventing as far as may be all interference, obstruction, danger or accident arising from the construction, maintenance, renewal, repair or failure of the specified works;

(c) in respect of any special traffic working resulting from any speed restrictions which are necessary as a result of the construction, maintenance, renewal, repair or failure of the specified works and which may in the opinion of the engineer be required to be imposed or from the substitution, suspension or diversion of services which may be necessary for the same reason;

(d) in respect of any additional temporary lighting of railway property in the vicinity of the specified works being lighting made reasonably necessary as a result of the specified works or the failure thereof;

(e) in respect of the approval by the engineer of plans submitted by the Executive and the supervision by him of the specified works:

(14) If at any time after the completion of the specified works, not being works vested in the railways board, the railways board give notice to the Executive informing them that the state of repair of the specified works appears to be such as prejudicially to affect railway property, the Executive shall, on receipt of such notice, take such steps as may be reasonably necessary to put the specified works in such state of repair as not prejudicially to affect railway property and, if and whenever the Executive fail to do so, the railways board may make and do in and upon the land of the railways board or of the Executive all such works and things as are requisite to put the specified works in such state of repair as aforesaid and the cost and expenses reasonably incurred by the railways board in so doing shall be repaid to them by the Executive:

(15) All temporary structures, erections, works, apparatus and appliances erected or placed by the Executive under the powers of this Act upon, over or under any railway of the railways board shall, as soon as reasonably practicable, be removed by the Executive at times to be agreed with, and to the reasonable satisfaction of, the engineer and in such a way as to cause as little damage to railway property and as little interference with, or delay or interruption to, the traffic on the railways of the railways board as may be; and if any damage to railway property or such interference, delay or interruption is caused by any such failure to remove any such temporary structures, erections, works, apparatus or appliances, the Executive shall forthwith make good such damage and pay to the railways board the reasonable costs and expenses to which they may be put and reasonable compensation for any loss which they may sustain by reason of such damage, interference, delay or interruption:

(16) If it is necessary for the protection and safety of railway property for the railways board to purchase any minerals for the support of such property or to pay compensation for any minerals to be left unworked for the support thereof and the specified works also derive support from such minerals, the Executive shall repay to the railways board a reasonable proportion of the amount paid by the railways board for or in respect of such minerals and the costs and expenses incurred by the railways board in relation to any such purchase or payment of compensation:

(17) Before providing any illumination or illuminated traffic sign on or in connection with the specified works or in the vicinity of any railway of the railways board, the Executive shall consult with the railways board and comply with their reasonable requirements in regard thereto with a view to ensuring that such illumination or illuminated sign could not be confused with any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway:

(18) Any additional expense which the railways board may reasonably incur after giving 56 days' notice to the Executive in widening, altering, reconstructing or maintaining railway property under any powers existing at the passing of this Act by reason of the existence of the specified works shall be repaid by the Executive to the railways board:

(19) The Executive shall be responsible for and make good to the railways board all costs, charges, damages and expenses not otherwise provided for in this section which may be occasioned to or reasonably incurred by the railways board—

(a) by reason of the specified works or the failure thereof; or

(b) by reason of any act or omission of the Executive or of any persons in their employ or of their contractors or others whilst engaged upon the specified works;

and the Executive shall effectively indemnify and hold harmless the railways board from and against all claims and demands arising out of or in connection with the specified works or any such failure, act or omission as aforesaid and the fact that any act or thing may have been done by the railways board on behalf of the Executive or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision shall not (if it was done without negligence on the part of the railways board or of any person in their employ or of their contractors or agents) excuse the Executive from any liability under the provisions of this section:

Provided that the railways board shall give to the Executive reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the Executive:

(20) Section 42 (For further protection of British Railways Board) of the [1988 c.i.] Greater Manchester (Light Rapid Transit System) Act 1988 shall have effect as if the references therein to the light rapid transit system included references to Work No. 4 and to any parts of the railways of the railways board transferred to, and vested in, the Executive by agreement with the railways board under this Act:

(21) Any difference arising between the Executive and the railways board under this section (other than a difference as to the meaning or construction of this section) shall be referred to and settled by arbitration in the manner provided by section 47 of the [1988 c.i.] Greater Manchester (Light Rapid Transit System) Act 1988.

18 For protection of Manchester Ship Canal Company

For the protection of the Manchester Ship Canal Company the following provisions shall, unless otherwise agreed in writing between the Executive and the Canal Company, have effect:—

(1) In this section—

• “the Canal Company” means the Manchester Ship Canal Company and subsidiary companies;

• “canal property” means any canals, railways, roads, bridges, culverts, lands, buildings or developments of the Canal Company and any works connected therewith for the maintenance or operation of which the Canal Company are responsible and includes any land held or used by the Canal Company for the purposes of such canals, railways, roads, bridges, culverts, pipelines, lands, buildings, works or developments;

• “construction” includes execution, placing, alteration and reconstruction and“construct” and“constructed” have corresponding meanings;

• “the engineer” means an engineer to be appointed by the Canal Company;

• “plans” includes sections, drawings, specifications, soil reports, calculations and descriptions (including descriptions of methods of construction);

• “the signed plans” means the plans prepared in quadruplicate and signed by Mr. Geoffrey Lofthouse, the Chairman of the Committee of the House of Commons to which the Bill for this Act was referred, one copy of which has been deposited in the office of the Clerk of the Parliaments, one in the Private Bill Office in the House of Commons, one with the Executive and one with the Canal Company;

• “specified works” means so much of the authorised works as may be situated upon, across, under or over or within 15 metres of, or may in any way affect, canal property and includes the construction, maintenance, alteration and renewal of the specified works:

(2) Notwithstanding anything in section 12 (Power to acquire lands) of this Act, the Executive shall not acquire compulsorily any of the canal property shown coloured pink on the signed plans:

(3) Notwithstanding anything in section 7 (Power to deviate) of this Act, the Executive in constructing Works Nos. 1, 3, 3A and 4 in respect of canal property shall not deviate from the centre line shown on the signed plans without the consent in writing of the engineer which shall not be unreasonably withheld:

(4) The Executive shall before commencing the specified works (other than works of maintenance or repair) furnish to the Canal Company proper and sufficient plans thereof for the reasonable approval of the engineer and shall not commence the specified works until plans thereof have been approved in writing by the engineer or settled by arbitration:

Provided that if within 56 days after such plans have been received by the Canal Company the engineer has not intimated his disapproval thereof and the grounds of his disapproval he shall be deemed to have approved the same:

(5) If within 56 days after such plans have been received by the Canal Company, the Canal Company give notice to the Executive that the Canal Company desire themselves to construct any part of the specified works which in the opinion of the engineer will or may affect the stability of canal property or the safe operation of traffic on the canals, railways, roads, bridges or lands of the Canal Company then, if the Executive desire such part of the specified works to be constructed, the Canal Company shall construct the same with all reasonable dispatch on behalf of and to the reasonable satisfaction of the Executive in accordance with the plans approved or deemed to be approved or settled as aforesaid:

(6) Upon signifying his approval or disapproval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his opinion should be carried out before the commencement of the specified works to ensure the safety or stability of canal property and such protective works as may be reasonably necessary for those purposes shall be constructed by the Canal Company or by the Executive, if the Canal Company so desire, with all reasonable dispatch and the Executive shall not commence the construction of the specified works until the engineer has notified the Executive that the protective works have been completed to his reasonable satisfaction:

(7) (a) The Executive shall give to the Canal Company notice in writing of their intention to commence the construction of any of the specified works in accordance with sub-paragraph (b) below and, except in emergency (when they shall give such notice as may be reasonably practicable), also of their intention to carry out any works for the maintenance or renewal of the specified works;

(b) The period of notice required to be given by the Executive to the Canal Company by virtue of sub-paragraph (a) above shall be—

(i) 6 months in any case where the engineer, upon signifying his approval or disapproval of plans furnished to the Canal Company under paragraph (4) above, has reasonably given it as his opinion that the construction, maintenance or renewal of the specified works will require the Executive to have temporary occupation of the canal property (including land lying within a distance of 15 metres from any canal property) or will necessitate the imposition of restrictions to the navigation of the canals or the imposition of speed and traffic restrictions on railways, roads and bridges; and

(ii) 28 days in all other cases:

(8) The specified works shall, when commenced, be carried out—

(a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled as aforesaid;

(b) under the supervision (if given) and to the reasonable satisfaction of the engineer;

(c) in such manner as to cause as little damage to canal property as may be; and

(d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe user of any canals, railways, roads, bridges, culverts, pipelines, lands, buildings or works of the Canal Company or the traffic thereon;

and, if any damage to canal property or any such interference or obstruction is caused or takes place, the Executive shall, notwithstanding any such approval as aforesaid, make good such damage and shall on demand pay to the Canal Company all reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any such damage, interference or obstruction:

(9) The Executive shall—

(a) at all times afford reasonable facilities to the engineer for access to the specified works during their construction;

(b) ensure access for the engineer at all reasonable times to all working sites, depots and premises at which materials to be employed in the construction of the specified works are being made, constructed or assembled;

(c) supply the engineer with all such information as he may reasonably require with regard to the specified works or the method of construction thereof:

(10) The Canal Company shall at all times afford reasonable facilities to the Executive and their agents for access to any works carried out by the Canal Company under this section during their construction and shall supply the Executive with such information as they may reasonably require with regard to such works or the method of construction thereof:

(11) If any alterations or additions, either permanent or temporary to canal property are necessary in consequence of the construction of the specified works, such alterations and additions may be effected by the Canal Company after not less than 28 days' notice has been given to the Executive and the Executive shall pay to the Canal Company on demand the cost thereof as certified by the engineer including, in respect of permanent alterations and additions, a capitalised sum representing the increased or additional cost of maintaining, working and, when necessary, renewing any such alterations or additions:

(12) The Executive shall repay to the Canal Company all costs, charges and expenses reasonably incurred by the Canal Company—

(a) in constructing any part of the specified works on behalf of the Executive as provided by paragraph (5) above or in constructing any protective works under the provisions of paragraph (6) above including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

(b) in respect of the employment of any inspectors, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, watching and lighting canal property and for preventing as far as may be all interference, obstruction, danger or accident arising from the construction, maintenance, renewal, repair or failure of the specified works;

(c) in respect of any special navigation or traffic procedures resulting from any restrictions which are necessary as a result of the construction, maintenance, renewal, repair or failure of the specified works and which may in the opinion of the engineer be required to be imposed or from the suspension of navigation or traffic which may be necessary for the same reason;

(d) in respect of any additional temporary lighting of canal property in the vicinity of the specified works being lighting made reasonably necessary as a result of the specified works or the failure thereof;

(e) in respect of the approval by the engineer of plans submitted by the Executive and the supervision by him of the specified works:

(13) If at any time after the completion of the specified works, not being works vested in the Canal Company, the Canal Company give notice to the Executive informing them that the state of repair of the specified works appears to be such as prejudicially to affect canal property, the Executive shall, on receipt of such notice, take such steps as may be reasonably necessary to put the specified works in such state of repair as not prejudicially to affect canal property and, if and whenever the Executive fail to do so, the Canal Company may make and do in and upon the land of the Canal Company or of the Executive all such works and things as are requisite to put the specified works in such state of repair as aforesaid and the cost, expenses and losses incurred by the Canal Company in so doing shall be repaid to them by the Executive:

(14) All temporary structures, erections, works, apparatus and appliances erected or placed by the Executive under the powers of this Act upon, over or under any canal property of the Canal Company shall, as soon as reasonably practicable, be removed by the Executive at times to be agreed with, and to the reasonable satisfaction of the engineer and in such a way as to cause as little damage to or interference with canal property and as little interference with, or delay or interruption to, the traffic on the canals, railways, roads, bridges, culverts or land of the Canal Company as may be; and if any damage to or interference with canal property or such interference, delay or interruption to such traffic is caused by any such failure to remove any such temporary structures, erections, works, apparatus or appliances, the Executive shall forthwith make good such damage and pay to the Canal Company the costs and expenses to which they may be put and compensation for any loss which they may sustain by reason of such damage, interference, delay or interruption:

(15) If it is necessary for the protection and safety of canal property for the Canal Company to purchase any minerals for the support of such property or to pay compensation for any minerals to be left unworked for the support thereof and the specified works also derive support from such minerals, the Executive shall repay to the Canal Company a proportion of the amount paid by the Canal Company for or in respect of such minerals and the costs and expenses incurred by the Canal Company in relation to any such purchase or payment of compensation:

(16) Before providing any illumination or illuminated traffic sign on or in connection with the specified works or in the vicinity of any canals, railways, roads, bridges, culverts or lands of the Canal Company, the Executive shall consult with the Canal Company and comply with their reasonable requirements in regard thereto with a view to ensuring that such illumination or illuminated sign could not be confused with any other light used for controlling, directing or securing the safety of traffic on the canals, railways, roads, bridges, culverts or lands:

(17) Any additional expense which the Canal Company may reasonably incur after giving 56 days' notice to the Executive in widening, altering, reconstructing or maintaining canals, railways, roads, bridges, culverts, pipelines, land or canal property under any powers existing at the passing of this Act by reason of the existence of the specified works shall be repaid by the Executive to the Canal Company:

(18) The Executive shall be responsible for and make good to the Canal Company all costs, charges, damages and expenses not otherwise provided for in this section which may be occasioned to or reasonably incurred by the Canal Company—

(a) by reason of the specified works or the failure thereof; or

(b) by reason of any act or omission of the Executive or of any persons in their employ or of their contractors or others whilst engaged upon the specified works;

and the Executive shall effectively indemnify and hold harmless the Canal Company from and against all charges, claims, demands, expenses and liabilities arising out of or in connection with the specified works or any such failure, act or omission as aforesaid and the fact that any act or thing may have been done by the Canal Company on behalf of the Executive or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision shall not (if it was done without negligence on the part of the Canal Company or of any person in their employ or of their contractors or agents) excuse the Executive from any liability under the provisions of this section:

Provided that the Canal Company shall give to the Executive reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the Executive:

(19) Any difference arising between the Executive and the Canal Company under this section (other than a difference as to the meaning or construction of this section) shall be referred to and settled by arbitration in the manner provided by section 47 of the [1988 c.i.] Greater Manchester (Light Rapid Transit System) Act 1988.

19 For protection of Trafford Park Development Corporation

For the protection of the Trafford Park Development Corporation (in this section referred to as“the corporation”) the following provisions shall, unless otherwise agreed in writing between the Executive and the corporation, have effect:—

(1) The Executive shall not under the powers of this Act acquire any land in the ownership of the corporation or in respect of which the corporation has resolved to make a compulsory purchase order without the consent of the corporation:

(2) If the cost to the corporation of carrying out any works on land within or adjacent to the Trafford Park Urban Development Area pursuant to its statutory powers is increased by reason of the existence of the authorised works, any such additional expense reasonably so incurred by the corporation shall, after the corporation has given 56 days' written notice thereof to the Executive, be repayable by the Executive to the corporation:

(3) Any difference arising between the Executive and the corporation under this section (other than a difference as to the meaning or construction of this section) shall be referred to and settled by arbitration in the manner provided by section 47 of the [1988 c.i.] Greater Manchester (Light Rapid Transit System) Act 1988.

20 For protection of Post Office and Post Office Counters Limited

(1) In this section—

• “the protected parties” means the Post Office and Post Office Counters Limited;

• “the post office” means the Trafford post office situated at the intersection of Third Avenue and Sixth Street in the borough of Trafford:

(2) Notwithstanding anything contained or incorporated in this Act the Executive shall not do or permit the doing of anything which may at any time prevent the passage of vehicles to or from the post office:

(3) Without prejudice to the generality of paragraph (2) above, the Executive shall not exercise the powers of section 5 (1) (a) of this Act to stop up and discontinue part of Third Avenue or the powers of section 23 of the Greater Manchester (Light Rapid Transit System) Act 1988 (as incorporated in this Act) for the temporary stoppage of streets, or any other powers available to the Executive, so as to obstruct the passage of vehicles to or from the post office until adequate alternative means of access for vehicles to the post office (including if necessary a new service road to the west of Sixth Street) have been provided to the satisfaction of and without cost to the protected parties:

(4) The Executive shall not stop up Third Avenue in such a way as to prevent the use by vehicles of the entrance to the post office in Third Avenue until they have provided in Sixth Street at their own expense and to the satisfaction of the protected parties a temporary alternative vehicular entrance (if the stopping up of Third Avenue is intended to be temporary) or, as the case may be, a permanent alternative vehicular entrance (if such stopping up is intended to be permanent):

(5) Any difference arising between the Executive and the protected parties under this section (other than a difference as to the meaning or construction of this section), shall be referred to and settled by arbitration in the manner provided by section 47 of the Greater Manchester (Light Rapid Transit System) Act 1988.