This Act may be cited as the Leeds Supertram Act 1993.
(1)In this Act, unless the context otherwise requires, the several words and expressions to which meanings are assigned by the Acts wholly or partly incorporated herewith have the same respective meanings, and—
“Act of 1845” means the [1845 c. 20.] Railways Clauses Consolidation Act 1845;
“Act of 1965” means the [1965 c. 56.] Compulsory Purchase Act 1965;
“Act of 1991” means the [1991 c. 22.] New Roads and Street Works Act 1991;
“the acquiring authority” means—
in relation to the lands in the City shown numbered 32G on the deposited plans, the Council; and
in relation to all other lands in the City shown on the deposited plans, the Executive;
“authorised railways” means the railways authorised by this Act;
“authorised works” means the works (including railways) authorised by this Act;
“car park” means a place where vehicles of any class may wait;
“the City” means the City of Leeds;
“the Council” means the Leeds City Council;
“enactment” means any enactment, whether public general or local, and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the Executive” means the West Yorkshire Passenger Transport Executive;
“existing” means existing at the commencement of this Act;
“land” includes land covered by water, any interest in land and any easement or right in, to or over land;
“the limits of deviation” means the limits so shown on the deposited plans and, where, in the case of a work in any road, no such limits are shown for that work, the boundaries of the road (including any verge or roadside waste adjoining it);
“railway” includes such guided transport modes as may be authorised under section 17 of this Act;
“the railways board” means the British Railways Board;
“road” means any highway or other road to which the public has access and in sections 9, 18, 19 and 40 of this Act includes a bridleway, cycle track or footpath as defined in section 329 of the [1980 c. 66.] Highways Act 1980;
“statutory undertakers” means any of the following, namely, a licence holder within the meaning of Part I of the [1989 c. 29.] Electricity Act 1989, a public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986 and a water undertaker within the meaning of the [1991 c. 56.] Water Industry Act 1991;
“traffic sign” has the meaning given by section 64 of the [1984 c. 27.] Road Traffic Regulation Act 1984;
“tram” means a vehicle (whether or not used for the carriage of passengers) carried on flanged wheels on any railway forming part of the tramway system;
“tramway” means any railway, or any part of a railway, authorised by this Act which, being situated in the carriageway of a road or in a reserved area between dual carriageways, is thereby designated as a tramway;
“the tramway system” means the light rail or supertram system comprising the authorised railways, including such railways designated as tramways, and all works and conveniences provided in connection with any of those railways, as that system is constructed, extended or altered from time to time; and
“the tribunal” means the Lands Tribunal.
(2)In the case of any road in relation to which an order made under section 249 (2) of the [1990 c. 8.] Town and Country Planning Act 1990 (a pedestrian planning order) is in force, the kerbline of the road, where there is no kerb, shall be taken to be the edge of the part of the road on which the passage of vehicles is permitted.
(3)Any reference in this Act to rights over land includes reference to the right to do, or to place and maintain, anything in, on or under the land, or in the air space above its surface.
(4)References in this Act to access to any place include egress from that place.
(5)Unless the context otherwise requires, any reference in this Act to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Act.
(6)(a)Except as mentioned in paragraph (b) below, all distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length, and distances between points on a railway shall be taken to be measured along the railway.
(b)This subsection does not apply to distances or lengths stated in the following provisions of this Act:—
section 12 (Power to deviate);
subsections (1) and (5) of section 15 (Gauge of railways and restrictions on working); and
paragraph (7) of section 41 (For protection of certain statutory undertakers).
(1)The following enactments, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Act, are incorporated with and form part of this Act, and this Act shall be deemed to be the special Act for the purposes of those enactments:—
the Act of 1845 (except sections 7 to 9, 11 to 15, 17, 19, 20, 22, 23, 46 to 62, 86, 94, 95 and 115 to 124 thereof); and
section 4 of the [1863 c. 92.] Railways Clauses Act 1863.
(2)In the enactments incorporated by subsection (1) above—
(a)the expression “the company” means the Executive;
(b)sections 18 and 21 of the Act of 1845 shall not extend to regulate the relations between the Executive and any other person in respect of any matter or thing concerning which those relations are regulated in any respect by—
(i)Part III of the Act of 1991; or
(ii)section 41 (For protection of certain statutory undertakers)
of this Act;
(c)the reference in section 34 of the Act of 1845 to a notice under section 33 of that Act shall include notice under section 33 (4) of this Act; and
(d)in section 4 of the said Act of 1863, the words “and subject to the limitations contained in sections eleven, twelve and fifteen of those Acts respectively”, and the proviso, shall be omitted.
(3)The following enactments shall not apply to the tramway system:—
the [1839 c. 45.] Highway (Railway Crossings) Act 1839;
in the [1842 c. 55.] Railway Regulation Act 1842, sections 9 and 10;
in the [1889 c. 57.] Regulation of Railways Act 1889, sections 1 to 4 and 6;
in the [1933 c. 53.] Road and Rail Traffic Act 1933, section 42.
(1)In relation to so much of the authorised works as would, if executed by the highway authority, be works for road purposes or major highway works within the meanings given by section 86 of the Act of 1991, Part III of that Act shall have effect as if the Executive were the highway authority.
(2)Part III of the Act of 1991 shall not extend to regulate the relations between the Executive and a highway authority in respect of any matter or thing concerning which those relations are regulated by section 38 (As to highways, traffic, etc.) of this Act.
(3)Section 41 (17) (b) (betterment arising on provision of alternative apparatus for statutory undertakers) of this Act shall have effect notwithstanding the repeal by the Act of 1991 of the [1950 c. 39.] Public Utilities Street Works Act 1950.
(4)Section 14 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (temporary restriction or prohibition of the use of roads by vehicles in certain circumstances) shall apply to trams.
(5)Section 65 (1) of the Road Traffic Regulation Act 1984 (placing of traffic signs by highway authorities) shall have effect with respect to the erection and display of any traffic sign by the Executive as if it were a traffic sign erected and displayed by the traffic authority.
(1)Part I of the Act of 1965 (except section 4 and paragraph 3 (3) of Schedule 3), in so far as it is applicable for the purposes and is not inconsistent with the provisions of this Act, shall apply to the compulsory acquisition of land under this Act as it applies to a compulsory purchase to which Part II of the [1981 c. 67.] Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under the said Act of 1981.
(2)Section 11 (1) of the Act of 1965 (which relates to notice of entry) as so applied shall have effect as if for the word “fourteen” there were substituted, in respect of the lands over which rights only are required, the word “twenty-eight” and, in the case of any other lands, the word “ninety-one”.
(3)the [1845 c. 18.] Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under this Act.