The Trafford Park Railway Order 1995

PART I PRELIMINARY

Citation and commencement

1.  This Order may be cited as the Trafford Park Railway Order 1995 and shall come into force on 12th September 1995.

Interpretation

2.  In this Order, unless the context otherwise requires—

“authorised works” means the works authorised by this Order;

“the deposited plans” means the plans prepared in connection with the application for this Order, marked by the Department of Transport as being the plans of this Order;

“the new highway” means the Ashburton Road roundabout (Village Circle) proposed to be constructed by the Trafford Park Development Corporation as shown on Drawing Number 9602/300/003 in the deposited plans;

“the new level crossings” means the following three new public level crossings where the new highway will cross the new railway;

(a)

Village Circle (Westbound slip to Trafford Park Road) at the reference points 379743.967 East and 396813.742 North;

(b)

Village Circle (Eastbound) at the reference points 379768.923 East and 396803.891 North;

(c)

Village Circle (Westbound) at the references points 379835.311 East and 396704.289 North;

“the new railway” means 650 metres of railway and works being or to be constructed between Trafford Park Road (Village Circle) and Westinghouse Road (Europa Circle) and the associated engine turning facility at Trafford Park Road on the South Western side of its junction with Westbrook Road, Trafford Park, Greater Manchester as shown on the deposited plans;

“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) or a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;

“street” includes part of a street;

“street authority”, in relation to a street, means the Trafford Metropolitan Borough Council;

“the undertaker” means the Trafford Park Company, a statutory company constituted under the Trafford Park Act 1904(1), whose principal office is at Neil House, Twining Road, Ashburton, Trafford Park, Manchester M17 1AT;

“the undertaker’s railway” means the various lengths of railway authorised by the West Manchester Light Railways Orders 1899 to 1906 (made under the Light Railways Act 1896)(2) and the Trafford Park Act 1904 and the Trafford Park Act 1922(3) and operated for the carriage of goods forming the Trafford Park railway network shown on the deposited plans.

Incorporation of Railways Clauses Consolidation Act

3.—(1) The following provisions of the Railways Clauses Consolidation Act 1845(4) shall be incorporated in this Order—

• section 77 (presumption that minerals excepted from acquisition of land);

• section 105 (carriage of dangerous goods on railways);

• section 145 (recovery of penalties); and

• section 154 (transient offenders).

(2) In those provisions, as incorporated in this Order—

“the company” means the undertaker;

“goods” includes any thing conveyed on the railway authorised to be operated by this Order;

“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;

“railway”, in relation to any such provision, means the new railway authorised to be operated by this Order;

“the special Act” means this Order;

“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any goods conveyed on the new railway authorised to be operated by this Order.

PART II WORKS PROVISIONS

Streets

Permanent stopping up of streets

4.—(1) Subject to the provisions of this article, the undertaker may permanently stop up the part of the street specified in columns (1) and (2) of Schedule 1 to this Order to the extent specified, by reference to the letters and numbers shown on the deposited plans, in column (3) of that Schedule.

(2) The street specified in columns (1) and (2) of Schedule 1 to this Order (being a street to be stopped up for which no substitute is to be provided) shall not be wholly or partly stopped up under this article unless the condition specified in paragraph (3) below is satisfied in relation to all the relevant land; and for this purpose “relevant land” means any land which abuts on either side of the street to be stopped up.

(3) The condition referred to in paragraph (2) above is that:

(a) the undertaker is in possession of the land, or

(b) there is no right of access to the land from the street concerned, or

(c) there is reasonably convenient access to the land otherwise than from the street concerned, or

(d) the owners and occupiers of the land have agreed to the stopping-up.

Agreement with the street authority

5.—(1) The street authority and the undertaker may enter into agreements with respect to the stopping up of a street under the powers conferred by this Order.

(2) Such an agreement may, without prejudice to the generality of paragraph (1) above:

(a) delegate to the street authority any function under this Order which relates to the street in question, and

(b) contain such terms as to payment and otherwise as the parties consider appropriate.

PART III MISCELLANEOUS AND GENERAL

Power to operate, use and maintain the new railway

6.  The undertaker may operate, use and maintain the new railway and other authorised works as part of the undertaker’s railway for the carriage of goods.

Maintenance of approved works etc.

7.—(1) Where pursuant to the Railways and other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994(5) approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the railway authorised to be operated by this Order, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railway so authorised.

(2) If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.

Service of notices

8.—(1) A notice or other document required or authorised to be served for the purposes of this Order may be served by post.

(2) Where the person on whom a notice or other document is to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 of the Interpretation Act 1978(6) as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body,

(b) in any other case, his last known address at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.

No double recovery

9.  Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.

Arbitration

10.  Any difference under any provision of this Order shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.

Provision of level crossings over new highway

11.—(1) In this article and in Schedule 2 below:

“the highway authority” means Trafford Metropolitan Borough Council;

“protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984(7)), manual, mechanical, automatic, electrical or telephonic equipment or other devices.

(2) The highway authority and the undertaker may enter into agreements with respect to the construction and maintenance of the new level crossings; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.

(3) (a) The undertaker shall provide, maintain and operate at or near each of the new level crossings the protective equipment specified in Part I of Schedule 2 to this Order or such additional or substituted protective equipment as the Secretary of State may in writing approve.

(b) The undertaker shall observe and comply with the requirements as to the operation of the new level crossings specified in Part II of that Schedule or such additional or substituted reqirements as the Secretary of State may in writing approve.

(4) Nothing contained in or incorporated with this Order shall require the provision of any building or keeper at any of the new level crossings.

Provision for abandonment of redundant railway

12.—(1) In this article—

• “the redundant railway” means those parts of the undertaker’s railway which extend

  (a)

  along Trafford Park Road, Trafford Park from a point B for 1580 metres westwards to a point A, and

  (b)

  along the central reservation of Westinghouse Road, Trafford Park from a point D westwards for 670 metres to a point 100 metres east of point C,

  all of which points and dimensions are more particularly shown on the deposited plans.

(2) At the date when the new railway and the new level crossings have become capable in all respects of being used as part of the undertaker’s railway and any necessary approval of the kind referred to in article 7(1) has been obtained the redundant railway shall be abandoned and the undertaker shall be released from any obligation (statutory or otherwise) to maintain or operate the redundant railway.

(3) Any obligations (whether statutory or otherwise) of the undertaker to provide or maintain works, services or facilities in connection with the redundant railway shall be abrogated upon the abandonment of the redundant railway.

(4) Nothing in this article shall prejudice the operation of any statutory provision for the protection of the apparatus of North West Water Limited.

Signed by authority of the Secretary of State for Transport

R. A. Allan

An Under Secretary,

Department of Transport

6th September 1995