The Leeds Supertram (Land Acquisition and Road Works) Order 2001

Article 24

SCHEDULE 6 AGREEMENTS AND UNDERTAKINGS CONNECTED WITH THE 1993 ACT

General

1.—(1) Subject to the provisions of this Schedule, the following undertakings or agreements entered into in connection with the Bill for the 1993 Act shall so far as relevant and the circumstances permit apply to the powers conferred by this Order as they apply to the powers conferred by that Act—

(a) the undertaking dated 9th July 1992 entered into between the Executive and the Post Office;

(b) the agreement dated 19th February 1993 entered into between the Executive, the Council and Yorkshire Chemicals plc;

(c) the agreement dated 4th May 1993 entered into between the Executive and the British Railways Board;

(d) the agreement dated 10th May 1993 entered into between the Executive, the Council and the British Waterways Board;

(e) the agreement dated 4th May 1993 entered into between the Executive, the Council and Leeds Development Corporation;

(f) the undertaking dated 4th May 1993 entered into between the Executive and National Westminster Bank plc;

(g) the undertaking dated 10th May 1993 entered into between the Executive and Ind Coope (Oxford and West) Limited and Joshua Tetley and Son Limited.

(2) In the application of any of those undertakings and agreements to the powers of this Order, so far as the context permits references in them to “the intended Act” (or “the Intended Act”) shall be treated as including reference to this Order and references to “the deposited plans” as including reference to the land plans.

British Railways Board

2.—(1) In this paragraph, “the agreement” means the agreement referred to in paragraph 1(1)(c) above.

(2) In the application of the agreement to the powers conferred by this Order—

(a) any reference to the British Railways Board shall include a reference to Railtrack (as defined in paragraph 2 of Schedule 5 above); and

(b) clause 4(2) of the agreement shall have effect so as (unless otherwise agreed) to require the notices to treat there mentioned to be served within the period of 5 years beginning with the day on which this Order comes into force.

British Waterways Board

3.—(1) In this paragraph, “the agreement” means the agreement referred to in paragraph 1(1)(d) above.

(2) Clause 7(1)(a) (and so far as relating thereto clause 7(4)) of the agreement shall cease to have effect, provided that Work No. 1 authorised by article 13(1) above is constructed with two lanes for vehicular traffic with footways on either side of the carriageway and with a means of access to those lanes at or about point A on drawing FAS/990483/1B attached to the agreement.

(3) Clause 7(5) of the agreement shall apply to the said Work No. 1.

(4) The power conferred by article 6 above includes power to acquire any such easement or right as is referred to in clause 8(1)(a) of the agreement.

(5) In the application of the agreement to the powers conferred by this Order—

(a) the reference in clause 8(1) to the passing of the intended Act shall be treated as a reference to the coming into force of this Order;

(b) clause 15(1) to (3) of the agreement (and so far as relating to those provisions, clause 15(4) of the agreement) shall apply to the works authorised by this Order as it applies to the specified works referred to in the agreement, treating references to section 23 of the 1993 Act as including reference to article 18 above.

Leeds Development Corporation

4.—(1) In this paragraph, “the agreement” means the agreement referred to in paragraph 1(1)(e) above.

(2) Paragraph 1 of this Schedule and sub-paragraph (3) of this paragraph apply insofar as there are any such successors in title to or assigns of the Leeds Development Corporation as are referred to in the definition of “the Corporation” in clause 1(1) of the agreement entitled to enforce the agreement.

(3) Clause 3(2)(a) and (5) of the agreement shall cease to have effect, provided that Work No. 1 authorised by article 13(1) above is constructed with two lanes for vehicular traffic with footways on either side of the carriageway and with a means of access to the two lanes at or about point A on drawing FAS/990483/1B attached to the agreement.