The Greater Manchester (Light Rapid Transit System) (Ashton Moss Variation) Order 2001

Statutory Instruments

2001 No. 224

TRANSPORT AND WORKS, ENGLAND

The Greater Manchester (Light Rapid Transit System) (Ashton Moss Variation) Order 2001

Made

3rd January 2001

Coming into force

24th January 2001

Whereas an application has been made to the Secretary of State for the Environment, Transport and the Regions (“the Secretary of State”), in accordance with the Transport and Works (Applications and Objections Procedure) Rules 1992(1) made under sections 6, 7 and 10 of the Transport and Works Act 1992(2) (“the Act”), for an Order under sections 1 and 5 of the Act;

And whereas the Secretary of State has determined to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion do not make any substantial change in the proposals;

And whereas notice of the Secretary of State’s determination was published in the London Gazette on 22nd December 2000;

Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 4, 6 to 13 and 15 to 17 of Schedule 1 to the Act and of all other powers enabling him in that behalf, hereby makes the following Order—

Citation and commencement

1.  This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Ashton Moss Variation) Order 2001 and shall come into force on 24th January 2001.

Amendment of 1998 Order

2.—(1) The Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998(3) is amended as follows.

(2) In article 2 (interpretation)—

(a) in the definition of “the book of reference”, at the end insert “together with the additional book of reference certified by the Secretary of State for the purposes of this Order”;

(b) in the definition of “the land plans” at the end insert “together with the additional plans certified by the Secretary of State as the additional plans for the purposes of this Order”;

(c) in the definition of “the sections” at the end insert “together with the additional sections certified by the Secretary of State as the additional sections for the purposes of this Order”; and

(d) in the definition of “the works plans” at the end insert “together with the additional plans certified by the Secretary of State as the additional plans for the purposes of this Order”.

(3) In article 5 (power to construct and maintain works)—

(a) at the beginning of paragraph (1) insert—

• “Subject to paragraph (1A) below”; and

  (b)

  after paragraph (1) insert—

  “(1A) The undertaker may construct and maintain any part of Work No. 16 so as to form a junction with any part of Works Nos. 17 to 20 to which it connects but shall not construct both a part of Work No. 16 and any part of Works Nos. 17 to 20 where those parts extend between the same points of commencement and termination.”.

(4) In article 48 (certification of plans) delete the words from “and a document so certified” to the end of the article and insert—

“(2) The undertaker shall, as soon as practicable after the making of the Greater Manchester (Light Rapid Transit System) (Ashton Moss Variation) Order 2001(4), submit copies of the additional book of reference, the additional plans and the additional sections to the Secretary of State for certification that they are true copies of, respectively, the additional book of reference forming part of the book of reference, the additional sections forming part of the sections and the additional plans forming part of the land plans and the works plans.

(3) A document certified by the Secretary of State as a true copy of the book of reference, the additional book of reference, the sections, the additional sections, the land plans, the public open space plans, the works plans or the additional plans shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy (but in the case of the book of reference, the sections, the land plans and the works plans upon the basis that they do not include the additional book of reference, the additional sections and the additional plans).”.

(5) In Schedule 1 (scheduled works), at the end insert—

“Work No. 17	A tramroad 581 metres in length (double line) commencing by a junction with Work No. 16 and running north east to the north of the Ashton Northern By-pass (under construction) before terminating at a point 195 metres east of Moss Lodge Lane.
Work No. 18	A street tramway 563 metres in length (double line) commencing by a junction with Work No. 17 and running north east in the carriageway and central reservation of Ashton Northern By-pass (under construction), crossing over Moss Lane and the proposed M60 (under construction) before termination at a point 142 metres east of Moss Lane.
Work No. 19	A street tramway 923 metres in length (double line) commencing by a junction with Work No. 18 and running north east and then east, to the south of Raynor Lane, crossing over Robinson Lane, across Richmond Street, over the Ashton Moss South Junction railway lines before terminating at a point 55 metres west of Cavendish Street (north).
Work No. 20	A tramroad 155 metres in length (double line) commencing at a junction with Work No. 19 and running east then south east before terminating at a point 2 metres west of Cavendish Street.”.

(6) In Schedule 3 (streets subject to alteration of layout), at the end, insert in columns (2) and (3) respectively—

“Ashton Northern Bypass	Kerb line of eastbound carriageway to be set back between WS 51 and WS 52.
Ashton Northern Bypass	Kerb line of eastbound carriageway to be set back between WS 53 and WS 54.
Ashton Northern Bypass	Kerb line of eastbound carriageway to be set back between WS 55 and WS 56.
Ashton Northern Bypass	Kerb line of westbound carriageway to be set back between WS 57 and WS 58.
Wellington Road	Formation of new access point for proposed substation at WE5.”

(7) In Schedule 6 (level crossings), at the end of column (2) in both Part I and II, insert—

• “Any highway (other than the M60) crossed by Works Nos. 17 to 20”.

Signed by authority of the Secretary of State for the Environment, Transport and Regions

Ellis Harvey,

Head of the Transport and Works Act Processing Unit

Department of the Environment, Transport and the Regions

3rd January 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998 so as to authorise Greater Manchester Passenger Transport Executive to construct works intended to form part of the proposed Piccadilly to Ashton-under-Lyne extension of its Metrolink rapid transit system on an alternative alignment across Ashton Moss to that originally authorised by the 1998 Order. By virtue of the amendments so made to the 1998 Order, powers contained in the 1998 Order including powers of compulsory purchase apply in relation to the works for the alternative alignment as now authorised.

A copy of the deposited plans and sections referred to in the draft Order is available for inspection free of charge during working hours at GMPTE, 9 Portland Street, Piccadilly Gardens, Manchester, M60 1HX.

(1)

S.I. 1992/2902.

(2)

1992 c. 42.

(3)

S.I. 1998/1936.

(4)

S.I. 2001/224.