The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016

1Citation and commencement

2Interpretation

3Application of the 1991 Act

4Incorporation of the Railways Clauses Consolidation Act 1845

5Application of the Midland Metro Acts

Principal powers

6Power to construct and maintain works

7Power to deviate, etc.

8Power to alter layout, etc., of streets

9Power to keep apparatus in streets

10Power to execute street works

11Temporary stopping up of streets

12Access to works

13Restoration of streets if street tramway discontinued

14Agreements with street authorities

Supplemental powers

15Discharge of water

16Safeguarding works to buildings

17Power to construct temporary tramways

18Power to survey and investigate land

19Mode of construction and operation of tramway

Powers of acquisition

20Power to acquire land

21Application of Part 1 of the 1965 Act

22Application of Compulsory Purchase (Vesting Declarations) Act 1981

23Power to acquire new rights

24Rights under or over streets

Temporary possession of land

25Temporary use of land for construction of works

26Temporary use of land for maintenance of works

27Disregard of certain interests and improvements

28Acquisition of part of certain properties

29Extinction or suspension of rights of way

30Time limit for exercise of powers of acquisition

31Power to operate and use tramway system

32Power to charge fares

33Traffic signs

34Obstruction of construction of authorised works

35Planning permission

36Statutory undertakers, etc.

37Existing agreements

39Saving for highway authorities

40Certification of plans, etc.

41Service of notices

42No double recovery

43Disclosure of confidential information

44Withholding of consent

46Protective provisions for Network Rail

SCHEDULE 1ACQUISITION OF LAND AND RIGHTS

PART 1ACQUISITION OF LAND

PART 2ACQUISITION OF RIGHTS ONLY

SCHEDULE 2MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1The enactments for the time being in force with respect...

2(1) Without limitation to the scope of paragraph 1, the...

Application of the 1965 Act

3(1) The 1965 Act has effect with the modifications necessary...

4For section 7 (measure of compensation in case of severance)...

5For section 8 (other provisions as to divided land) of...

6The following provisions of the 1965 Act (which state the...

7Section 11 (powers of entry) of the 1965 Act is...

8Section 20 (protection of interests of tenants at will etc.)...

9Section 22 (interests omitted from purchase) of the 1965 Act...

SCHEDULE 3LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

SCHEDULE 4PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc., on land acquired

1(1) Subject to the following provisions of this paragraph, sections...

Application of electronic communications code

2(1) Paragraph 21 of the electronic communications code does not...

SCHEDULE 5EXISTING AGREEMENTS

SCHEDULE 6PROTECTIVE PROVISIONS FOR NETWORK RAIL

1The following provisions of this Schedule have effect unless otherwise...

2In this Schedule— “construction” includes execution, placing, alteration and reconstruction...

3(1) The Executive must not exercise the powers conferred by...

4(1) The Executive must, before commencing construction of any specified...

5(1) Any specified work and any protective works to be...

6The Executive must— (a) at all times afford reasonable facilities...

7Network Rail must at all times afford reasonable facilities to...

8(1) If any permanent or temporary alterations or additions to...

9The Executive must repay to Network Rail all reasonable fees,...

10(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

11(1) If at any time after the completion of a...

12The Executive must not provide any illumination or illuminated sign...

13Any additional expenses which Network Rail may reasonably incur in...

14(1) The Executive must pay to Network Rail all reasonable...

15Network Rail must, on receipt of a request from the...

16In the assessment of any sums payable to Network Rail...

17The Executive and Network Rail may, subject in the case...

18Any difference between Network Rail and the Executive arising under...

2016 No. 545

Transport And Works, England

Transport, England

The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016

Made24th May 2016

Coming into force14th June 2016

An application has been made to the Secretary of State in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20061 for an Order under sections 1 and 5 of the Transport and Works Act 19922 (“the 1992 Act”).

The Secretary of State caused an inquiry to be held for the purposes of the application under section 11 of the 1992 Act.

The Secretary of State, having considered the objections made and not withdrawn and the report of the person who held the inquiry, has determined to make an Order giving effect to the proposals comprised in the application with modifications which in the opinion of the Secretary of State do not make any substantial change in the proposals.

Notice of the Secretary of State’s determination was published in the London Gazette on 17th May 2016.

The Secretary of State, in exercise of the powers conferred by sections 1 and 5 of, and paragraphs 1 to 5, 7 to 13 and 15 to 17 of Schedule 1 to, the 1992 Act, makes the following Order—