Statutory Instrument 1999 No. 1306

The Wirral Tramway Order 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1999 No. 1306

TRANSPORT AND WORKS

TRANSPORT

The Wirral Tramway Order 1999

	Made	9th April 1999
	Coming into force	30th April 1999

ARRANGEMENT OF ARTICLES

PART I
PRELIMINARY

1.	Citation and commencement

2.	Interpretation

3.	Application of enactments relating to railways

PART II
WORKS PROVISIONSPrincipal powers

4.	Power to construct and maintain works

5.	Power to deviate

Streets

6.	Power to keep apparatus in streets

7.	Power to execute street works

8.	Temporary stopping up of streets

9.	Restoration of streets if tramway discontinued

10.	Agreements with street authorities

11.	Level crossings

Supplemental

12.	Attachment of equipment to buildings for purposes of tramway

13.	Mode of construction, maintenance and operation of tramway

PART III
TEMPORARY POSSESSION OF LAND

14.	Temporary use of land for construction of works

15.	Temporary use of land for maintenance of works

PART IV
OPERATION OF TRAMWAY SYSTEM

16.	Power to operate and use tramway system

17.	Maintenance of approved works etc.

18.	Power to charge fares

19.	Removal of obstructions

20.	Traffic control

21.	Power to lop trees overhanging tramway

22.	Trespass on tramroads

23.	Power to make byelaws

24.	Power to contract for police services

PART V
PROTECTIVE PROVISIONS

25.	For the protection of British Telecommunications plc

26.	For the protection of public electricity suppliers

27.	For the protection of public gas transporters

PART VI
MISCELLANEOUS AND GENERAL

28.	Power to lease or charge tramway system

29.	Certification of plans etc.

SCHEDULES

Schedule 1

Scheduled works

Schedule 2

Level crossings

Schedule 3

Land of which temporary possession may be taken

Whereas an application has been made to 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 taken into consideration the grounds of objections to that application;

    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 7th April 1999;

    Now, therefore, the Secretary of State, in exercise of the powers conferred on him 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:-



PART I
PRELIMINARY
Citation and commencement
    1.This Order may be cited as the Wirral Tramway Order 1999 and shall come into force on 30th April 1999.

Interpretation
    2. - (1) In this Order, unless the context otherwise requires-

"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].

PART II
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
    4. - (1) The undertaker may construct and maintain the combined street tramways and tramroads described in Schedule 1 to this Order.

    (2) Subject to article 5 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plan and in accordance with the levels shown on the sections.

    (3) Subject to paragraph (5) below, the undertaker may within the limits of deviation carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of the scheduled works, namely-

(a) works required for, or in connection with, the control of traffic on the authorised tramway;

(b) works to alter the position of apparatus, including mains, sewers, drains and cables;

(c) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(d) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works; and

(e) works for the benefit or protection of premises affected by the scheduled works.

    (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.

Streets
Power to keep apparatus in streets
    6. - (1) The undertaker may, for the purposes of or in connection with the construction, maintenance and use of any authorised street tramway, place and maintain in any street along which the tramway is laid any work, equipment or apparatus including, without prejudice to the generality of the foregoing, foundations, platforms, road islands, substations, electric lines and any electrical or other apparatus.

    (2) In this article-

(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.

Supplemental
Attachment of equipment to buildings for purposes of tramway
    12. - (1) Subject to the following provisions of this article, the undertaker may affix to any building any brackets, cables, wires, insulators and other apparatus required in connection with the authorised tramway.

    (2) The undertaker shall not under this article affix any apparatus to a building without the consent of the relevant owner of the building; and such consent may be given subject to reasonable conditions (including, where appropriate, the payment of rent) but shall not be unreasonably withheld.

    (3) Where-

(a) the undertaker serves on the relevant owner of a building a notice requesting the owners's consent to the affixing of specified apparatus to the building; and

(b) the relevant owner does not within the period of 56 days beginning with the date upon which the notice is served give his consent unconditionally or gives it subject to conditions or refuses it,

the consent shall be deemed to have been withheld.

    (4) Where apparatus is affixed to a building under this article-

(a) any owner for the time being of the building may serve on the undertaker not less than 28 days notice requiring the undertaker at its own expense temporarily to remove the apparatus during any reconstruction or repair of the building if such removal is reasonably necessary for that purpose; and

(b) the undertaker shall have the right, as against any person having an interest in the building, to maintain the apparatus.

    (5) The undertaker shall pay compensation to the owners and occupiers of the building for any loss or damage sustained by them by reason of the exercise of the powers conferred by paragraphs (1) and (4)(b) above; and any dispute as to a person's entitlement to compensation, or as to the amount of the compensation, shall be determined under Part I of the Act of 1961.

    (6) In this article-

"building" includes any structure and a bridge or aqueduct over the street; and

"relevant owner"-

(a) in relation to a building occupied under a lease or tenancy having an unexpired term exceeding 5 years, means the occupier of the building; or

(b) in relation to any other building, means the person for the time being receiving the rack rent of the building whether on his own account or as agent or trustee for any other person, or who would so receive it if the building were let at a rack rent.

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.

PART III
TEMPORARY POSSESSION OF LAND
Temporary use of land for construction of works
    14. - (1) The undertaker may, in connection with the carrying out of the authorised works-

(a) enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 3 to this Order for the purpose specified in relation to that land in column (3) of that Schedule relating to the authorised works specified in column (4) of that Schedule;

(b) remove any buildings and vegetation from that land; and

(c) construct temporary works (including the provision of means of access) and buildings on the land.

    (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.

PART IV
OPERATION OF TRAMWAY SYSTEM
Power to operate and use tramway system
    16. - (1) The undertaker may operate and use the authorised tramway and the other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.

    (2) Subject to paragraph (4) below and to article 28 below, the undertaker shall, for the purpose of operating the tramway, have the exclusive right-

(a) to use the rails, foundations, cables, masts, overhead wires and other apparatus used for the operation of the tramway; and

(b) to occupy any part of the street in which that apparatus 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.

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Notes:

[1] S.I. 1992/2902.back

[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

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