Statutory Instrument 1999 No. 1306

The Wirral Tramway Order 1999

---

© Crown Copyright 1999

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Wirral Tramway Order 1999 , ISBN 0 11 082606 X. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the Act of 1961" means the Land Compensation Act 1961[3];

"the Act of 1984" means the Road Traffic Regulation Act 1984[4];

"the Application Rules" means the Transport and Works (Applications and Objections Procedure) Rules 1992;

"authorised" means authorised by this Order;

"authorised tramroad" and "authorised tramway" mean the tramroads and tramways authorised by this Order;

"authorised works" means the scheduled works and any other works authorised by this Order;

"the borough" means the Metropolitan Borough of Wirral;

"carriageway" has the same meaning as in the Highways Act 1980[5];

"the Council" means the Council of the borough;

"the deposited plan" means the plan described in rule 7(1)(a) and rule 7(3) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as "the deposited plan" for the purposes of the Order and references to land shown on that plan are references to the land so shown in pursuance of that rule;

"highway" and "highway authority" have the same meaning as in the Highways Act 1980;

"maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace and "maintenance" shall be construed accordingly;

"reserved track tramway" means any section of a street tramway laid along part of a street which vehicles other than tramcars are deterred or prevented from using;

"the scheduled works" means the works specified in Schedule 1 to this Order;

"the sections" means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as "the sections" for the purposes of this Order;

"street" includes part of a street;

"street authority", in relation to a street, has the same meaning as in Part III of the New Roads and Street Works Act 1991[6];

"street tramway" means any part of a tramway which is laid along a street-

(a) whether or not the section of the street in which its rails are laid may be used by other traffic, and

(b) whether the uppermost surface of the rails is level with, or raised above, the surrounding surfaces of the street;

"tramcar" means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;

"tramroad" means any part of a tramway which is not a street tramway;

"tramway" means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which-

(a) provide support and guidance for vehicles carried on flanged wheels, and

(b) are laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);

"the undertaker" means the Council;

"vehicle" includes mobile traction unit.

    (2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.

Application of enactments relating to railways
     3.  - (1) The following provisions of the Railways Clauses Consolidation Act 1845[7] shall be incorporated in this Order but shall apply only in relation to the authorised tramroads-

section 24 (penalty for obstructing construction of railway);

section 58 (company to repair roads used by them), except for the words from "and if any question" to the end;

section 61 (company to make sufficient approaches and fences to highways crossing on the level).

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

"the company" means the undertaker;

"the railway" means the authorised tramroads and, except where the context otherwise requires, any authorised works ancillary to the authorised tramroads;

"the special Act" means this Order.

    (3) The provisions of the Regulation of Railways Act 1840 to 1893, except the provisions of the Regulation of Railways Act 1871[8], shall not apply in relation to the authorised tramway.

    (4) The provisions of the Highway (Railway Crossings) Act 1839[9] shall not apply in relation to the authorised tramway.

    (5) Nothing in this article shall be taken as affecting the application to the authorised tramroads of sections 32 to 34 of the Offences Against the Person Act 1861[10].

    (4) Subject to paragraph (5) below, the undertaker may within the limits of deviation carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works.

    (5) Paragraphs (3) and (4) above shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.

Power to deviate
     5.  - (1) In constructing or maintaining any of the scheduled works, the undertaker may-

(a) deviate laterally from the lines or situations shown on the deposited plan within the limits of deviation for that work shown on that plan; and

(b) deviate vertically from the levels shown on the sections to any extent not exceeding 0.5 metres upwards and to any extent downwards.

    (2) The undertaker may in constructing or maintaining any of the authorised tramroads or authorised street tramways lay down-

(a) double lines of rails in lieu of single lines,

(b) single lines of rails in lieu of double lines,

(c) interlacing lines of rails in lieu of double or single lines, or

(d) double or single lines of rails in lieu of interlacing lines.

    (3) The power in paragraph (2) above shall not be exercised in the case of any authorised street tramway without the consent of the street authority, but such consent shall not be unreasonably withheld.

(a) "apparatus" has the same meaning as in Part III of the New Roads and Street Works Act 1991;

(b) "electric line" has the meaning given by section 64(1) of the Electricity Act 1989[11]; and

(c) the reference to any work, equipment, apparatus or other thing in a street includes a reference to any work, equipment, apparatus or other thing under, over, along or upon the street.

Power to execute street works
     7. The undertaker may, for the purpose of exercising the powers conferred by article 6 above and the other provisions of this Order, enter upon any street along which any authorised street tramways are laid and may execute any works required for or incidental to the exercise of those powers including, without prejudice to the generality of the foregoing, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street.

Temporary stopping up of streets
     8.  - (1) The undertaker, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time-

(a) divert the traffic from the street; and

(b) subject to paragraph (2) below, prevent all persons from passing along the street.

    (2) The undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.

    (3) The undertaker shall not exercise the powers of this article in relation to any street without the consent of the street authority, but such consent shall not be unreasonably withheld.

    (4) The provisions of the New Roads and Street Works Act 1991 mentioned in paragraph (5) below and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the undertaker under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the undertaker.

    (5) The provisions of the New Roads and Street Works Act 1991 referred to in paragraph (4) above are-

section 54 (advance notice of certain works);

section 55 (notice of starting date of works);

section 59 (general duty of street authority to co-ordinate works);

section 60 (general duty of undertakers to co-operate);

section 69 (works likely to affect other apparatus in the street);

section 76 (liability for cost of temporary traffic regulation);

section 77 (liability for cost of use of alternative route); and

all such other provisions as apply for the purposes of the provisions mentioned above.

Restoration of streets if tramway discontinued
     9. If the undertaker permanently ceases to operate any of the authorised street tramways ("the discontinued tramway"), it shall as soon as reasonably practicable and unless otherwise agreed with the street authority-

(a) remove from the street in which the discontinued tramway is laid the rails and any other works, equipment and apparatus which have become redundant; and

(b) restore, to the reasonable satisfaction of the street authority, the portion of the street along which the discontinued tramway was laid to as good a condition as that in which it was before the tramway was laid.

Agreements with street authorities
     10.  - (1) A street authority and the undertaker may enter into agreements with respect to-

(a) the construction of any new street (including any structure carrying the street over or under a tramroad) under the powers conferred by this Order;

(b) the maintenance of the structure of any bridge or tunnel carrying a street over or under a tramroad;

(c) any stopping up, alteration or diversion of a street under the powers conferred by this Order; or

(d) the execution in the street of any works referred to in article 7 above.

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

(a) make provision for the street authority to carry out 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.

Level crossings
     11.  - (1) The undertaker may construct the authorised tramways so as to carry them on the level across the highways specified in Schedule 2 to this Order.

    (2) The undertaker may provide, maintain and operate at or near any new level crossing such barriers or other protective equipment as the Secretary of State may in writing approve.

    (3) The undertaker may in the exercise of the powers of this article alter the level of any highway specified in Schedule 2 to this Order.

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

    (5) In this article-

"barrier" includes gate;

"new level crossing" means the place at which an authorised tramroad crosses a highway on the level under the powers conferred by this article;

"protective equipment" includes lights, traffic signs (within the meaning of section 64(1) of the Act of 1984), manual, mechanical, automatic, electrical and telephonic equipment and other devices.

Mode of construction, maintenance and operation of tramway
     13.  - (1) The authorised tramway shall be operated by electricity or, in an emergency or for the purposes of maintenance, by diesel power or other means.

    (2) The authorised tramway shall be constructed on a nominal gauge of 1,435 millimeters.

    (3) The authorised street tramways (other than any reserved track tramways) shall be so constructed and maintained as to ensure that the uppermost surface of the rails is level with the surrounding surfaces of the street in which they are laid.

    (2) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.

    (3) The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work or works specified in relation to that land in column (4) of Schedule 3 to this Order.

    (4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker shall not be required to replace a building removed under this article.

    (5) The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

    (6) Any dispute as to a person's entitlement to compensation under paragraph (5) above, or as to the amount of the compensation shall be determined under Part I of the Act of 1961.

    (7) Nothing in this article shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965[12] or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5) above.

    (8) Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.

    (9) In this article "building" includes structure or any other erection.

Temporary use of land for maintenance of works
     15.  - (1) At any time during the maintenance period relating to any of the scheduled works, the undertaker may-

(a) enter upon and take temporary possession of any land within 10 metres from that work if such possession is reasonably required for the purpose of, or in connection with, maintaining the work or any ancillary works connected with it;

(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

    (2) Paragraph (1) above shall not authorise the undertaker to take temporary possession of-

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

    (3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.

    (4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.

    (5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

    (6) The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

    (7) Any dispute as to a person's entitlement to compensation under paragraph (6) above, or as to the amount of the compensation, shall be determined under Part I of the Act of 1961.

    (8) Nothing in this article shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6) above.

    (9) Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.

    (10) In this article-

(a) "the maintenance period", in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use;

(b) "building" includes structure or any other erection; and

(c) any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of the point on the surface below which the work is situated.

    (3) Any person who, without the consent of the undertaker or other reasonable excuse, uses the apparatus mentioned in paragraph (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

    (4) Nothing in this article shall restrict the exercise of any public right of way over any part of a street in which apparatus is situated in pursuance of paragraph (2) above except to the extent that the exercise of the right is constrained by the presence of the apparatus.

Maintenance of approved works etc.
     17.  - (1) Where pursuant to regulations made under section 41 of the Act (approval of works, plant and equipment) approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the authorised tramway, 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 authorised tramway.

    (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.

[2] 1992 c. 42.back

[3] 1961 c. 33.back

[4] 1984 c. 27.back

[5] 1980 c. 66.back

[6] 1991 c. 22.back

[7] 1845 c. 20.back

[8] 1871 c. 78.back

[9] 1839 c. 45.back

[10] 1861 c. 100.back

[11] 1989 c. 29.back

[12] 1965 c. 56.back