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Statutory Instrument 2006 No. 405The Greater Manchester (Light Rapid Transit System) Order 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 405TRANSPORT AND WORKS, ENGLANDTRANSPORT, ENGLANDThe Greater Manchester (Light Rapid Transit System) Order 2006
An application was made to the Secretary of State, in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000[1] ("the Rules") made under sections 6, 6A, 7 and 10 of the Transport and Works Act 1992[2] ("the Act"), for an Order under sections 1 and 5 of the Act; The Secretary of State invited written representations for the purpose of Rule 25 of the Rules; The Secretary of State, having considered the objections made and not withdrawn and the written representations made under Rule 25 of the Rules, gave notice under section 13(4) of the Act that he proposed to make an Order giving effect to the proposals comprised in the application with modifications which in his opinion make substantial changes in the proposals; Having considered representations duly made to him pursuant to section 13(4) of the Act, the Secretary of State has determined to make the following Order with such modifications; Notice of the Secretary of State's determination was published in the London Gazette on 7th February 2006; Accordingly, 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, makes the following Order:— Citation and commencement 1.This Order may be cited as the Greater Manchester (Light Rapid Transit System) Order 2006 and shall come into force on 13th March 2006. Interpretation 2.In this Order "the Executive" means the Greater Manchester Passenger Transport Executive. Requirements as to level 3.—(1) Section 14 of the Greater Manchester (Light Rapid Transit System) Act 1988[3] is amended by the substitution in subsection (5) for the words after "have effect" of the words "as if the words after "half an inch" were deleted". (2) The following provisions shall cease to have effect—
(b) article 22(3) of the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996[4]; (c) article 22(3) of the Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997[5]; and (d) article 24(3) of the Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998[6]. General duty in respect of construction and maintenance
(2) Where a tramway is constructed along a street or in any place to which the public has access (including a place to which the public has access only on making a payment) the Executive shall take such care as in all the circumstances is reasonable to ensure that the tramway is constructed and maintained so that the street or other place is safe for others.
(b) article 14 of the Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997; and (c) article 14 of the Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998; it shall be a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the Executive had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.
(b) the standard of maintenance appropriate for a street of that character and used by such traffic; (c) the state of repair in which a reasonable person would have expected to find the street; (d) whether the Executive knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and (e) where the Executive could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed; but for the purposes of such a defence it is not relevant that the Executive had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that the Executive had given him proper instructions with regard to the maintenance of the street and that he had carried out those instructions. (This note is not part of the Order) This Order modifies the obligations of Greater Manchester Passenger Transport Executive under the Greater Manchester (Light Rapid Transit System) Act 1988 and later local legislation by removing requirements respecting the levels of tram rails laid in streets and replacing these with a duty of care in relation to the construction and maintenance of tramways in streets or other places to which the public has access. It also provides the Executive with a defence in relation to its liability to maintain streets for a period of 12 months following their completion which is similar to that available to highway authorities under the Highways Act 1980. It disapplies the obligation upon the Executive under section 28 of the Tramways Act 1870 to maintain and repair streets. Notes: [1] S.I. 2000/2190.back [2] 1992 c. 42, as amended by S.I. 1995/1541 and S.I. 1998/2226.back [3] 1988 c. i.back [4] S.I. 1996/2714.back [5] S.I. 1997/1266.back [6] S.I. 1998/1936 as amended by S.I. 2001/224.back [7] 1988 c. ii.back [8] 1990 c. xv.back [9] 1990 c. xxiii.back [10] 1991 c. xvi as amended by S.I. 2003/2907.back [11] 1992 c. xviii.back [12] 1994 c. vi.back [13] S.I. 1999/217.back [14] S.I. 2001/1368.back [15] S.I. 2002/1327.back [16] 1870 c. 78.back ISBN 0 11 074097 1 -- Back --
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