Edinburgh Tram (Line Two) Act 2006

• (4) If anything removed by the authorised undertaker under subsection (2) is not marked as to be readily identifiable as the property of any person, and is not within three months of coming into the custody of the authorised undertaker proved to the reasonable satisfaction of the authorised undertaker to belong to any person, it shall vest in the authorised undertaker from that time.

• (5) The authorised undertaker may at such a time and in such manner as it thinks fit dispose of anything referred to in subsection (4) which is of a perishable nature or the custody of which involves unreasonable expense notwithstanding that it has not vested in the authorised undertaker under this section, and, if it is sold, the proceeds of sale—

• (a) shall be paid to any person who, within three months from the time when the thing came into the custody of the authorised undertaker proves to the reasonable satisfaction of the authorised undertaker that that person was the owner of the thing at that time; or

• (b) if within the said period no person proves ownership at that time, shall vest in the authorised undertaker.

• (6) If anything removed under this section—

• (a) is sold by the authorised undertaker and the proceeds of sale are insufficient to reimburse it for the amount of the expenses incurred by it in the exercise of its powers of removal; or

• (b) is unsaleable,

the authorised undertaker may recover the deficiency or the whole of the expenses, as the case may be, from the person who placed the obstruction.

• (7) A notice given under subsection (3) shall specify the thing removed and state that, upon proof of ownership to the reasonable satisfaction of the authorised undertaker, possession may be retaken at a place named in the notice within the time specified in the notice, being not less than 14 days after the notice is served.

Removal of obstructions

56

• (1) If any obstruction is caused to trams using the authorised tramway by a vehicle waiting, loading, unloading or breaking down on any part of the tramway, the person in charge of the vehicle shall forthwith remove it and if such person fails to do so the authorised undertaker may take all reasonable steps to remove the obstruction and may recover the expenses reasonably incurred in doing so from—

• (a) any person by whom the vehicle was put or left so as to become an obstruction to trams, or

• (b) any person who was the owner of the vehicle at that time unless such person shows that at that time the person was not concerned in or aware of the vehicle being so put or left.

• (2) If any obstruction is caused to trams using the authorised tramway by a load falling on the tramway from a vehicle, the person in charge of the vehicle shall forthwith remove the load from the tramway, and if such person fails to do so, the authorised undertaker may take all reasonable steps to remove the load and may recover the expenses reasonably incurred in doing so from—

• (a) any person who was in charge of the vehicle at the time when the load fell from it, or

• (b) any person who was the owner of the vehicle at that time unless such person shows that at that time the person was not concerned in or aware of the vehicle being in the place at which the load fell from it.

• (3) For the purposes of this section the owner of a vehicle shall be taken to be the person by whom the vehicle is kept, and in determining for those purposes who was the owner of a vehicle at any time, it shall be presumed (unless the contrary appears) that the owner was the person in whose name the vehicle was at that time registered under the Vehicles (Excise and Registration) Act 1994 (c. 22).

Prevention or restriction of running of tram

57

• (1) Except for the purposes of the holding of the events listed in schedule 8, the Council, when considering whether to make an order under—

• (a) section 14(1) (Temporary prohibition or restriction on roads) of the 1984 Act for the reason given in section 14(1)(b) of that Act;

• (b) section 16A(2) (Prohibition or restriction on roads in connection with certain events) of the 1984 Act;

• (c) section 63 (Functions of regional and islands councils in relation to processions) of the Civic Government (Scotland) Act 1982 (c. 45); or

• (d) section 62(1) (Temporary prohibition or restriction of traffic, etc. on roads for reasons of public safety or convenience) of the Roads (Scotland) Act 1984 (c. 54),

for a march, procession or other event along or across the route taken by the tram, must carry out the steps in subsection (2) in addition to any steps specified in the Act in question.

• (2) The steps referred to in subsection (1) are that the Council—

• (a) consult the authorised undertaker, and

• (b) have regard to the safe, efficient and economic operation of the tram.

Traffic signs and priority

58

• (1) The authorised undertaker may, for the purposes of, or in connection with the operation of, the authorised tramway, place or maintain traffic signs of a type prescribed by regulations made under section 64(1)(a) (General provisions as to traffic signs) of the 1984 Act or of a character authorised by the Secretary of State on any road in which the authorised tramway is laid or which gives access to such a road.

• (2) The authorised undertaker—

• (a) shall consult with the traffic authority as to the placing of signs; and

• (b) unless the traffic authority is unwilling to do so and subject to any directions given under section 65 (Powers and duties of highway authorities as to the placing of traffic signs) of the 1984 Act, shall enter into arrangements with the traffic authority for the signs to be placed and maintained by the traffic authority.

• (3) Any power conferred by section 65 of the 1984 Act to give directions to a traffic authority or local traffic authority as to traffic signs shall include a power to give directions to the authorised undertaker as to traffic signs under this section; and, accordingly, the powers conferred by subsection (1) shall be exercisable subject to and in conformity with any directions given under the said section 65.

• (4) The traffic authority may make provision for trams to take priority over other means of transport at any junction of a road and a tramroad or road tramway.

• (5) Trams shall be taken to be public service vehicles for the purposes of section 122(2)(c) (Exercise of functions by local authorities) of the 1984 Act.

• (6) Expressions used in this section and in the 1984 Act shall have the same meaning in this section as in that Act.

Power to lop trees overhanging the tramway

59

• (1) The authorised undertaker may fell or lop any tree or shrub near any part of the authorised tramway, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

• (a) from obstructing or interfering with the construction, maintenance or operation of the tramway or any apparatus used for the purposes of the tramway, or

• (b) from constituting a danger to passengers or other persons using the tramway.

• (2) In exercising the powers in subsection (1), the authorised undertaker shall do no unnecessary damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising from the exercise of those powers.

• (3) The following shall not apply to the exercise of the powers conferred by subsection (1)—

• (a) any prohibition contained in an order made under section 160 (Power to make tree preservation orders) of the 1997 Act; and

• (b) section 172(1) (Preservation of trees in conservation areas) of that Act.

• (4) Any dispute as to a person's entitlement to compensation under subsection (2) or as to the amount of the compensation, shall be determined under the 1963 Act.

Trespass on tramroads

60

• (1) Any person who—

• (a) trespasses on any authorised tramroad, or

• (b) trespasses upon any land of the authorised undertaker in dangerous proximity to the authorised tramroads or to any electrical or other apparatus used for or in connection with the operation of the authorised tramroads,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) No person shall be convicted of an offence under this section unless it is shown that a notice warning the public not to trespass upon the tramroads was clearly exhibited and maintained at the station or other stopping place on the authorised tramway nearest the place where the offence is alleged to have been committed.

Power to make byelaws

61

• (1) The authorised undertaker may make byelaws regulating the use and operation of, and travel on, the authorised tramway, the maintenance of order on the authorised tramway and on tramway premises or other facilities provided in connection with the authorised tramway and the conduct of all persons, including employees of the authorised undertaker, while on the authorised tramway or on tramway premises.

• (2) Without prejudice to the generality of subsection (1), byelaws under this section may make provision—

• (a) with respect to tickets issued for travel on the authorised tramway, the payment of fares and charges and the evasion of payment of fares and charges;

• (b) with respect to interference with, or obstruction of, the operation of the authorised tramway or other facilities provided in connection with the authorised tramway;

• (c) with respect to access to and the carriage, use or consumption of anything on tramway premises;

• (d) with respect to the prevention of nuisances on tramway premises;

• (e) for regulating the passage of bicycles and other vehicles on ways and other places intended for the use of persons on foot within tramway premises;

• (f) for the safe custody and redelivery or disposal of any property accidentally left on tramway premises and for fixing the charges made in respect of any such property;

• (g) for prohibiting or restricting the placing or leaving of any vehicle without its driver on any part of the authorised tramway or on tramway premises; and

• (h) for the regulation of interaction between the maintenance of buildings adjacent to the tramway and the safe operation of the tramway.

• (3) Byelaws under this section may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) Without prejudice to the taking of proceedings for an offence included in byelaws by virtue of subsection (3), if the contravention of, or failure to comply with, any byelaw under this section is attended with danger to the public, or hindrance to the authorised undertaker in the operation of the authorised tramway, the authorised undertaker may summarily take action to obviate or remove the danger or hindrance.

• (5) Byelaws under this section shall not come into operation until they have been confirmed by Scottish Ministers.

• (6) At least 28 days before applying for any byelaws to be confirmed under this section, the authorised undertaker shall publish in such manner as may be approved by Scottish Ministers a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the time during which a copy of the byelaws will be open to public inspection; and any person affected by any of the byelaws may make representations on them to Scottish Ministers within a period specified in the notice, being a period of not less than 28 days.

• (7) The period for making representations specified in the notice published under subsection (6) must expire before an application is made under this section for byelaws to be confirmed, and during that period a copy of the byelaws shall be kept at the principal office of the authorised undertaker and shall at all reasonable hours be open to public inspection without payment.

• (8) The authorised undertaker shall, at the request of any person, supply such a person with a copy of any such byelaws on payment of such reasonable sum as the authorised undertaker may determine.

• (9) Scottish Ministers may confirm with or without modification, or may refuse to confirm, any of the byelaws submitted under this section for confirmation and, as regards any byelaws so confirmed, may fix a date on which the byelaws shall come into operation, and if no date is so fixed the byelaws shall come into operation after the expiry of 28 days after the date on which they were confirmed.

• (10) As soon as is practical following the confirmation of any byelaws submitted in accordance with subsection (9), the authorised undertaker shall publish, at least once in each of two successive weeks, in one or more newspapers circulating in the areas to which the byelaws relate, a notice stating the general effect of the byelaws and the date that the byelaws come into operation.

• (11) Scottish Ministers may charge the authorised undertaker such fees in respect of any byelaws submitted for confirmation under this section as they may consider appropriate for the purpose of defraying any administrative expenses incurred by them in connection with such confirmation.

• (12) A copy of the byelaws when confirmed shall be printed and deposited at the principal office of the authorised undertaker, and shall at all reasonable hours be open to public inspection without payment, and be available on the authorised undertaker's website; and the authorised undertaker shall, at the request of any person, supply that person with a copy of any such byelaws on payment of such reasonable sum as the authorised undertaker shall determine.

• (13) The production of a printed copy of byelaws confirmed under this section on which is endorsed a certificate purporting to be signed by a person duly authorised by the authorised undertaker stating—

• (a) that the byelaws were made by the authorised undertaker;

• (b) that the copy is a true copy of the byelaws;

• (c) that on a specified date the byelaws were confirmed by Scottish Ministers; and

• (d) the date when the byelaws came into operation,

shall be evidence at first sight of the facts stated in the certificate.

Power to contract for police services

62

• (1) Agreements may be made—

• (a) between the authorised undertaker and the Scottish Police Authority; or

• (b) between the authorised undertaker and the British Transport Police Authority,

for making available to the authorised undertaker for the purposes of the operation of its tramway undertaking the services of the Police Service of Scotland or, as the case may be, members of the British Transport Police Force.

• (2) Subject to subsection (3), any such agreement may be made on such terms as to payment or otherwise, and subject to such conditions, as the parties to the agreement think fit.

• (3) Any agreement made under subsection (1)(b) with the British Transport Police Authority shall not be inconsistent with the provisions of sections 33 to 35 of the Railways and Transport Safety Act 2003 (c. 20) or any order made thereunder.

• (4) Where such an agreement has been made between the authorised undertaker and the British Transport Police Authority, members of the British Transport Police Force may act, in accordance with the terms of the agreement, as constables in, or in the vicinity of any tramway premises or other facilities used in connection with the authorised tramway notwithstanding the provisions of the Railways and Transport Safety Act 2003 (c. 20) (which grants them jurisdiction in relation to railways and railway premises but not in relation to tramways or tramway premises in Scotland).

• (5) In this section—

• ...

• the “British Transport Police Authority” means the police authority established under section 18 of the Railways and Transport Safety Act 2003 (c. 20) and organised under Schedule 4 to that Act; and

• the “British Transport Police Force” means the force established under section 20 of the Railways and Transport Safety Act 2003 (c. 20).

Part 5 — Miscellaneous and General

Insulation against noise

63

• (1) The authorised undertaker may, after consulting the Council, make a scheme providing for the making of grants towards the cost of insulating buildings, or such classes of buildings as the authorised undertaker may think fit, or any parts of such buildings, against noise caused, or expected to be caused, by the use of the tram system.

• (2) The authorised undertaker may make grants in accordance with a scheme under subsection (1).

• (3) A scheme under subsection (1)—

• (a) shall specify the areas in respect of which grants are payable;

• (b) shall make provision as to the persons to whom, the expenditure in respect of which, and the rate at which, the grants are to be paid;

• (c) may make the payment of any grant dependent upon compliance with such conditions as may be specified in the scheme;

• (d) shall specify a date, not less than two years after first publication of the notice referred to in subsection (5), for the submission of a valid application for a grant; and

• (e) shall require the authorised undertaker, in any case where application for a grant is refused, to give at the request of the applicant a written statement of its reasons for the refusal.

• (4) A scheme under subsection (1) may make different provisions with respect to different areas or different circumstances and may be varied or revoked by a subsequent scheme under subsection (1) without affecting grants already made.

• (5) As soon as possible after the making of a scheme under this section the authorised undertaker shall publish, once at least in each of two successive weeks, in one or more newspapers circulating in the areas to which the scheme relates, a notice stating the general effect of the scheme and specifying a place or places in each such area where a copy of the scheme may be inspected by any person free of charge at all reasonable hours.

• (6) A photostatic or other reproduction certified, by a person authorised by the authorised undertaker for that purpose, to be a true reproduction of a page, or part of a page, of any newspaper bearing the date of its publication and containing a notice mentioned in subsection (5) shall be evidence of the publication of the notice and of the date of publication.

Orders for insulating new buildings

64

• (1) Where the authorised undertaker has made a scheme under section 63 (Insulation against noise) in respect of any area or areas, it may apply to Scottish Ministers for an order requiring provision for insulation against noise to be made in any building of a class to which the scheme applies which is erected after a date specified in the order, or in any extension of, or alteration to, any building of such class made after that date.

• (2) The order shall define by reference to a map the areas to which it applies, which may comprise the whole or part of any areas to which the scheme relates.

• (3) Application for an order under this section shall be accompanied by a draft of the order and a map defining the areas to which it relates.

• (4) Before making an application for an order under this section the authorised undertaker shall publish, once at least in each of two successive weeks, in one or more newspapers circulating in the areas to which the draft order applies, a notice—

• (a) stating the general effect of the intended order;

• (b) specifying a place in the said areas where a copy of the draft order and of the relevant map may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice; and

• (c) stating that within that period any person may, by notice to Scottish Ministers, object to the application.

• (5) Any person claiming to be affected by the application may object to it by sending notice of the objection, stating the grounds of objection, to Scottish Ministers within the period specified in the notice and a copy of the notice of objection to the authorised undertaker.

• (6) If any objection is duly made by any person appearing to Scottish Ministers to be affected by the application and is not withdrawn, then they shall cause a local inquiry to be held into the proposed order and shall consider the report of the person who held the inquiry before making an order under this section.

• (7) No earlier than 28 days after the date of first publication of the notice specified in subsection (4), and following consideration of any report required by subsection (6), Scottish Ministers may make the order in the terms of the draft order or in those terms as modified in such manner as they think fit, or may refuse to make the order.

• (8) If Scottish Ministers make an order under this section the authorised undertaker shall publish notice of the making, and of the effect, of the order in one or more newspapers circulating in the areas to which the order relates.

• (9) Where an application is made to a local authority under the Building (Scotland) Act 1959 (c. 23) for a warrant for the erection, extension or alteration of a building in an area to which an order under this section relates, the local authority shall, notwithstanding anything in that Act or regulations as to building standards made under it, refuse to grant the warrant unless it is shown to them—

• (a) that satisfactory provision will be made for insulating the building (or, as the case may be, the extension or alteration of the building) against noise; or

• (b) that in the case of an extension or alteration no such insulation is necessary.

• (10) Scottish Ministers may cause such local inquiries to be held as they may consider necessary for the purpose of any of their functions under this section.

Repeal of sections 63 and 64

65

• (1) If it appears to Scottish Ministers that, as a result of the coming into force of any enactment after the date that this Act comes into force, it is appropriate that section 63 (Insulation against noise) and section 64 (Orders for insulating new buildings) should be repealed, they may make an order repealing those sections.

• (2) Subsection (10) of section 64 shall apply to the functions of Scottish Ministers under this section as it applies to their functions under that section.

• (3) An order under this section shall not be made except on application by the authorised undertaker.

Compliance with Code of Construction Practice and Noise and Vibration Policy

66

• (1) The authorised undertaker shall employ all reasonably practicable means to ensure that—

• (a) the authorised works are carried out in accordance with the code of practice as may from time to time be amended or superseded and any relevant local construction plan; and

• (b) the policy as may from time to time be amended or superseded is applied to the use and operation of the authorised works and in particular any scheme made under section 63 of this Act is drawn up in accordance with the policy.

• (2) Neither the code of practice nor the policy shall be amended or superseded so as to reduce the standards of mitigation and protection contained in them.

• (3) In this section—

• “code of practice” means the Code of Construction Practice dated 17 May 2005;

• “local construction plan” means a local construction plan intended to define, and from time to time redefine, the authorised undertaker's policy in relation to construction practice to be adopted in the carrying out of the authorised works within an area specified in that plan;

• “policy” means the Noise and Vibration Policy dated November 2005.

Mitigation of environmental impacts

67

• (1) The authorised undertaker shall employ all reasonably practicable means to ensure—

• (a) that the environmental impacts of the construction or operation of the authorised works are not worse than the residual impacts identified in the environmental statement; and

• (b) that—

• (i) the additional environmental mitigation measures identified in undertakings given to objectors to the Bill for this Act or to the Edinburgh Tram (Line Two) Bill Committee during the Consideration Stage of the Bill for this Act are carried out; or

• (ii) the environmental impacts of the construction or operation of the authorised works are not worse than they would have been had the mitigation measures referred to in sub-paragraph (i) been carried out.

• (2) In this section—

• “environmental statement” means the environmental statement submitted to the Parliament as an accompanying document with the Bill for this Act, as amended by the supplementary environmental statement submitted to the Parliament in June 2005;

• “residual impacts” means the environmental impacts of the construction or operation of the authorised works after the mitigation measures proposed in the environmental statement have been carried out.

Powers of disposal, agreements for operation, etc.

68

• (1) The authorised undertaker may sell, lease, excamb, charge or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of the authorised works and any land held in connection with them or the right to operate or maintain the authorised tramway under this Act.

• (2) Without prejudice to the generality of subsection (1), the authorised undertaker may enter into and carry into effect agreements with respect to all or any part or parts of the authorised works, authorised tramway and tramway premises, concerning—

• (a) their construction, maintenance, use and operation, by any other person,

• (b) other matters incidental or subsidiary to or consequential on them, and

• (c) the defraying of, or the making of contributions towards, the cost of (a) or (b) by the authorised undertaker or any other person.

• (3) Any agreement under subsection (2) may provide for the exercise of the powers of the authorised undertaker in respect of the authorised works, authorised tramway and tramway premises or any part of them by any person, and for the transfer to any person of the authorised works, authorised tramway and tramway premises or any part of them together with the rights and obligations of the authorised undertaker in relation to them.

• (4) The exercise of the powers of any enactment by any person in pursuance of any sale, lease, excambion, charge or disposal under subsection (1), or any agreement under subsection (2), shall be subject to the same restrictions, liabilities and obligations as would apply under this Act if those powers were exercised by the authorised undertaker.

• (5) Within 21 days of the completion of any agreement entered into by the authorised undertaker under subsection (2), the authorised undertaker shall serve notice on the Scottish Ministers stating the name and address of the transferee and the date when the transfer is to take effect.

Application of landlord and tenant law

69

• (1) This section applies to any agreement for leasing to any person the whole or any part of the authorised tramway or the right to operate it and any agreement entered into by the authorised undertaker with any person for the construction, maintenance, use or operation of the authorised tramway, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person's use.

• (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of any agreement to which this section applies.

• (3) Accordingly, no such enactment or rule of law shall apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

• (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

• (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted to be done on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

• (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Trams deemed public service vehicles

70

• (1) On such day as may be appointed under subsection (2), regulations made, or having effect as if made, under section 24, 25, 26 or 60(1)(j) or (k) (which provide for the regulation of drivers, conductors, inspectors, the control and number of passengers, carriage of luggage and goods and left luggage) of the Public Passenger Vehicles Act 1981 (c. 14) shall have effect as if trams operating on the authorised tramway were public service vehicles within the meaning of the Transport Act 1985 (c. 67).

• (2) The authorised undertaker may by resolution appoint a day for the purpose of any regulation mentioned in subsection (1), the day so appointed being fixed in accordance with subsection (3).

• (3) The authorised undertaker shall publish in a newspaper circulating in its area, notice—

• (a) of the passing of any such resolution and of the day fixed thereby; and

• (b) of the general effect of the regulations for the purposes of which the day has been fixed;

and the day so fixed shall not be earlier than the expiration of 28 days from the date of publication of the notice.

• (4) A photostatic or other reproduction certified, by a person authorised by the authorised undertaker for that purpose, to be a true reproduction of a page, or part of a page, of any newspaper bearing the date of its publication and containing the notice mentioned in subsection (3) shall be evidence of the publication of the notice and of the date of publication.

Statutory undertakers, etc.

71

The provisions of schedule 9 shall have effect.

Listed buildings and conservation areas

72

• (1) If a listed building was such a building at the coming into force of this Act and is specified in columns (1) and (2) of Part 1 of schedule 10—

• (a) section 6 (Restriction on works affecting listed buildings) of the 1997 Act shall not apply to works carried out to such a building under the provisions of this Act;

• (b) to the extent that a notice issued in relation to the building under section 34(1) (Power to issue listed building enforcement notice) of the 1997 Act requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Act, it shall not have effect, or, as the case may be, shall cease to have effect;

• (c) no steps may be taken in relation to the building under section 38(1) (Execution of works required by listed building enforcement notice) of the 1997 Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b); and

• (d) no works may be executed for the preservation of the building under section 49 (Urgent works to preserve unoccupied listed buildings) of the 1997 Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b).

• (2) If a listed building was such a building at the coming into force of this Act and is not specified in Part 2 of schedule 10—

• (a) section 6 of the 1997 Act shall not apply to works carried out to such a building under the provisions of section 16 (Attachment of equipment to buildings for purposes of works);

• (b) to the extent that a notice issued in relation to the building under section 34(1) of the 1997 Act requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by section 16, it shall not have effect, or, as the case may be, shall cease to have effect;

• (c) no steps may be taken in relation to the building under section 38(1) of the 1997 Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) of this subsection; and

• (d) no works may be executed for the preservation of the building under section 49 of the 1997 Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) of this subsection.

• (3) In the case of any building specified in columns (1) and (2) of Part 1 of schedule 10 in relation to which any description of works is specified in column (3) of that Part of that schedule, subsection (1) shall have effect as if the references to works carried out in exercise of the powers conferred by this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.

• (4) Paragraphs (a) to (d) of subsections (1) and (2) shall also apply in relation to a listed building which was not such a building immediately before the coming into force of this Act.

• (5) If a building included in a conservation area and not a listed building—

• (a) was not included in a conservation area immediately before the coming into force of this Act, or

• (b) was included in such an area immediately before that date and is specified in columns (1) and (2) of Part 1 of schedule 10,

section 66 (Control of demolition in conservation areas) of the 1997 Act shall not apply to the demolition of it in exercise of the powers conferred by this Act.

• (6) Anything which, by virtue of section 1(4) (Listing of buildings of special architectural or historic interest) of the 1997 Act is treated as part of the building for the purposes of that Act, shall be treated as part of the building for the purposes of this section.

• (7) Section 53 (Acts causing or likely to result in damage to listed buildings) of the 1997 Act shall not apply to anything done in exercise of the powers conferred by this Act with respect to works.

• (8) In this section—

• “the 1997 Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9);

• “building” and “listed building” have the same meaning as in the 1997 Act;

• “conservation area” means an area which is designated as a conservation area under the terms of the 1997 Act; and

• “works” includes the attachment of equipment to buildings authorised by section 16 (Attachment of equipment to buildings for purposes of works).

Town and country planning, etc.

73

• (1) So far as they are not inconsistent with the provisions of this Act, the 1997 Act and any orders, regulations, rules, schemes and directions made or given under it and any restrictions or powers imposed by it or conferred in relation to land shall apply and may be exercised in relation to any land notwithstanding that the development of such land is or may be authorised or regulated by or under this Act.

• (2) In their application to development authorised by this Act, article 3 of, and Class 29 in Part 11 of Schedule 1 to the 1992 Order (which permit development authorised by any Act of the Parliament (among other legislation) which designates specifically both the nature of the development authorised by it and the land upon which it may be carried out) shall have effect as if the authority to develop given by this Act were limited to development begun within 20 years of the date on which this Act comes in to force.

• (3) Subsection (2) shall not apply to the carrying out of development consisting of the alteration, maintenance or repair of the authorised works or the substitution of new works for them.

• (4) In its application to development authorised by this Act and for the avoidance of doubt, Class 29 in Part 11 of Schedule 1 to the 1992 Order shall be interpreted as follows—

• (a) buildings shall be deemed to include substations, tramstops and poles;

• (b) extensions to buildings shall be deemed to include attachments to buildings;

• (c) in relation to prior approval for works affecting a listed building, consideration of the phrase “injury to the amenity of the neighbourhood” in paragraph 3(b) shall be deemed to include the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses; and

• (d) the exercise of the power to attach equipment to buildings under section 16 (Attachment of equipment to buildings for purposes of works) and any wires so attached shall be deemed to be on land specifically designated by this Act.

• (5) Without prejudice to development permitted by Class 29 in Part 11 of Schedule 1 to the 1992 Order and for the avoidance of doubt, for the purposes of Part 13 of Schedule 1 to the 1992 Order (which permits certain development by statutory undertakers)—

• (a) the road tramways comprised in the works and the works and conveniences connected with those tramways shall be taken to be a tramway undertaking within Class 41 of that Part of that Schedule; and

• (b) the tramroads comprised in the works and the works and conveniences connected with those tramroads shall be taken to be a light railway undertaking within Class 34 of that Part of that Schedule.

• (6) In this section “the 1992 Order” means the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (S.I. 1992/223).

Blighted land

74

• (1) This Act shall be deemed to be a special enactment for the purposes of paragraph 14 of Schedule 14 to the 1997 Act.

• (2) Accordingly, Chapter II of Part V of that Act (which makes provision for the purchase of certain interests in land affected by planning proposals) shall apply to land authorised to be compulsorily acquired under this Act.

Saving for roads authority

75

• (1) Subject to subsection (2), this Act shall not affect any power of a roads authority to widen, alter, divert or improve any public road along which a road tramway is laid.

• (2) Works for the purpose, or having the effect, of altering the part of the road in which an authorised road tramway is situated shall not be carried out without the consent of the authorised undertaker.

• (3) Consent under subsection (2) may be given subject to such reasonable terms and conditions as the authorised undertaker may require, but shall not be unreasonably withheld, and any difference arising under this section shall be determined by Scottish Ministers.

Certification of plans, etc.

76

The authorised undertaker shall, as soon as practicable after the coming into force of this Act, submit copies of the book of reference, the Parliamentary plans and the Parliamentary sections to the Clerk of the Parliament for certification that they are, respectively the book of reference, Parliamentary plans and Parliamentary sections referred to in this Act, and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

77

• (1) A notice or other document required or authorised to be served for the purposes of this Act may be served by post.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Act is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 (References to service by post) of the Interpretation Act 1978 (c. 30) as it applies for the purposes of this section, the proper address of any person in relation to the service on that person of a notice or document under subsection (1) is, if such person has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, the last known address of such person at the time of service.

• (4) Where for the purposes of this Act a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of such person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to such person by name or by the description of “owner”, “lessee” or “occupier” as the case may be, of the land (describing it); and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) This section shall not be taken to exclude the employment of any method of service not expressly provided for by it.

Application of Railways Act 1993

78

For the avoidance of doubt it is hereby declared that the authorised tramway shall be deemed to be a tramway for the purposes of Part I of the Railways Act 1993 (c. 43).

Arbitration

79

• (1) Any difference under any provision of this Act (other than a difference which falls to be determined by the tribunal or Scottish Ministers) shall be referred by either party to the dispute to and settled by a single arbiter to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institute of Civil Engineers, and the arbiter shall be entitled to state a case for the opinion of the Court of Session pursuant to section 3 (Power of arbiter to state case to Court of Session) of the Administration of Justice (Scotland) Act 1972 (c. 59).

• (2) Section 108 (Right to refer disputes to adjudication) of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) and any regulations made under that section shall not apply to the authorised works.

Part 6 — Supplementary

Incorporation of enactments

80

• (1) The Lands Clauses Acts, except sections 120 to 125 of the 1845 Act, so far as they are applicable for the purposes of, and are not varied by or inconsistent with, the provisions of this Act, are incorporated with this Act.

• (2) Section 6 of the Railway Clauses Consolidation (Scotland) Act 1845 is incorporated with this Act to the extent that it applies to compensation payable in respect of diminution in value to properties caused by construction works, and for the avoidance of doubt no other provisions of the Railway Clauses Consolidation (Scotland) Act 1845 are incorporated with this Act.

• (3) In construing the enactments incorporated with this Act—

• (a) this Act shall be deemed to be the special Act;

• (b) the authorised undertaker shall be deemed to be the promoters of the undertaking or the company; and

• (c) the authorised works shall be deemed to be the works or the undertaking.

Interpretation

81

In this Act, unless the context otherwise requires—

• “the 1845 Act” means the Lands Clauses Consolidation (Scotland) Act 1845 (c. 19);

• “the 1963 Act” means the Land Compensation (Scotland) Act 1963 (c. 51);

• “the 1984 Act” means the Road Traffic Regulation Act 1984 (c. 27);

• “the 1991 Act” means the New Roads and Street Works Act 1991 (c. 22);

• “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997 (c. 8);

• “authorised road tramway” means any road tramway authorised by this Act;

• “the authorised tramway” means the tram system (consisting of the authorised road tramways and the authorised tramroads) authorised by this Act or any part of that system;

• “authorised tramroad” means any tramroad authorised by this Act;

• “the authorised undertaker” means the Council, or any other person who by virtue of an agreement made under section 68 (Powers of disposal, agreements for operation, etc.) may exercise any power conferred by this Act;

• “the authorised works” means the scheduled works and any other works authorised by this Act;

• “the book of reference” means the book of reference submitted to the Parliament as an accompanying document with the Bill for this Act together with the amendments made to it to delete the following plots, 42-59 (including plots 50a and 51a), 223, 226-238 (including 232a), 240, 241, 243-249, 251, 253, 256, 258, 260 and 261 and to insert the following plots, 477-524;

• “the Council” means the City of Edinburgh Council;

• “limits of deviation” mean the limits so described on the Parliamentary plans;

• “limits of land to be acquired or used” mean the limits so described on the Parliamentary plans;

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

• “Network Rail” means Network Rail Limited or its successor;

• “the Parliament” means the Scottish Parliament;

• “the Parliamentary plans” means the plans submitted to the Parliament as accompanying documents with the Bill for this Act together with amendments made to sheet i, ii, 3, 4, 6, 7, 13, 14, 15, 16, 17, 19, 20, 21 and 23;

• “the Parliamentary sections” means the sections submitted to the Parliament as accompanying documents with the Bill for this Act together with amendments made to sheet 28;

• “road” and “roads authority” have the same meaning as in the Roads (Scotland) Act 1984 (c. 54);

• “road tramway” means any tramway which is situated in the carriageway of a road, or in a reserved area of a road which vehicles other than trams are deterred or prevented from using, 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 road works authority” has the same meaning as in Part IV of the 1991 Act;

• “the scheduled works” means the works specified in schedule 1 to this Act or any part of them;

• “the sheriff” means the sheriff principal of, or any sheriff appointed to, the sheriffdom of Lothian and Borders;

• “tram” 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 that is not a road tramway;

• “tramway” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which provide support and guidance for vehicles carried on flanged wheels;

• “tramway premises” means premises of the authorised undertaker used for or in connection with the operation of the authorised tramway including any tunnel, depot or building and any tram; and

• “the tribunal” means the Lands Tribunal for Scotland.

Orders

82

• (1) Any power of Scottish Ministers to make orders under this Act shall be exercisable by statutory instrument.

• (2) Any such power includes power to make—

• (a) such incidental, consequential, supplementary or transitional provision as Scottish Ministers think necessary or expedient; and

• (b) different provision for different cases and different classes of case.

• (3) A statutory instrument containing an order made under this Act shall be subject to annulment in pursuance of a resolution of the Parliament.

Short title

83

This Act may be cited as the Edinburgh Tram (Line Two) Act 2006.

SCHEDULE 1

In the local government area of the City of Edinburgh—

SCHEDULE 2

SCHEDULE 3

Part 1 — Roads to be permanently stopped up with a substitute provided

Part 2 — Roads to be stopped up to vehicular access and egress only

Part 3 — Roads to be permanently stopped up with no substitute provided

SCHEDULE 4

SCHEDULE 5

The following roads are to be crossed on the level:

In the local government area of the City of Edinburgh—

SCHEDULE 6

Part 1 — Acquisition of land

Part 2 — Acquisition of rights in land

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

Apparatus of statutory undertakers, etc. on land acquired

1

• (1) Subject to the provisions of this schedule, sections 224 to 227 of the 1997 Act (Power to extinguish rights of statutory undertakers, etc. and power of statutory undertakers, etc. to remove or re-site apparatus) shall apply in relation to any land which has been acquired under this Act, or which is held by the authorised undertaker and is appropriated or used (or about to be used) by it for the purposes of this Act or for purposes connected with this Act; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 228 to 231, which contain provisions consequent on the extinguishment of any rights under sections 224 and 225, and sections 232(2) to (4), 233 and 235, which provide for the payment of compensation) shall have effect accordingly.

• (2) Where any apparatus of public utility undertakers or of a public communications provider is removed in pursuance of a notice or order given or made under section 224, 225 or 226 of the 1997 Act, as applied by sub-paragraph (1), any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the authorised undertaker compensation in respect of expenditure reasonably incurred by such a person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (3) Sub-paragraph (2) shall not apply in the case of the removal of a public sewer, but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that sub-paragraph, any person who is—

• (a) the owner or occupier of premises the drains of which communicated with that sewer, or

• (b) the owner of a private sewer which communicated with that sewer,

shall be entitled to recover from the authorised undertaker compensation in respect of expenditure recently incurred by such a person, in consequence of the removal, for the purpose of making the drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

• (4) The provisions of the 1997 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 or Part IV of the 1991 Act applies.

• (5) In this paragraph—

• “gas transporter” has the meaning given to it by section 7(1) of the Gas Act 1986 (c. 44);

• “public communications provider” has the same meaning as in section 151 of the Communications Act 2003 (c. 21); and

• “public utility undertakers” means persons who are—authorised by any enactment to carry on an undertaking for the supply of water;gas transporters; orthe holders of licences under section 6 of the Electricity Act 1989 (c. 29),and who are, or are deemed to be, statutory undertakers within the meaning of section 214 of the 1997 Act.

Apparatus of statutory undertakers, etc. in stopped up roads

2

• (1) Where a road is stopped up under section 6 (Permanent stopping up of roads) any statutory undertaker whose apparatus is under, in, upon, over, along or across the road shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Act had not been passed.

• (2) Where a road is stopped up under section 6 any statutory undertaker whose apparatus is under, in, upon, over, along or across the road may, and if reasonably requested to do so by the authorised undertaker, shall—

• (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the undertaker may reasonably determine and have power to place it, or

• (b) provide other apparatus in substitution for the existing apparatus and place it in such a position.

• (3) The allowable costs of the relocation works shall be—

• (a) determined in accordance with section 144 (Sharing costs of necessary measures) of the 1991 Act and any regulations for the time being having effect under that section, and

• (b) borne by the authorised undertaker and the statutory undertaker in such proportions as may be prescribed by any such regulations.

• (4) In this paragraph—

• “apparatus” has the same meaning as in Part IV of the 1991 Act;

• “relocation works” means works executed, or apparatus provided, under sub-paragraph (2); and

• “statutory undertaker” has the same meaning as in the Roads (Scotland) Act 1984 (c. 54).

Railway and navigation undertakings

3

• (1) Subject to the following provisions of this paragraph, the powers under section 5 (Power to execute road works) to break up or open a road shall not be exercisable where the road, not being a public road (within the meaning of the Roads (Scotland) Act 1984 (c. 54))—

• (a) is under the control or management of, or is maintainable by, railway or tramway undertakers, or

• (b) forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,

except with the consent of the undertakers or the authority of the person to whom the level crossing belongs, as the case may be.

• (2) Sub-paragraph (1) shall not apply to the carrying out under this Act of emergency works, within the meaning of Part IV of the 1991 Act.

• (3) A consent given for the purposes of sub-paragraph (1) may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

SCHEDULE 10

Part 1 — Listed buildings to which works may be carried out

Part 2 — Listed buildings to which equipment may not be attached without consent

In the local government area of the City of Edinburgh—

Power to construct works

Attachment of equipment to buildings for purposes of works

Power to acquire land

Interpretation for Part 3

Power to operate and use authorised tramway

Concessionary and integrated travel

Obstruction to operation

Power to lop trees overhanging the tramway

Insulation against noise

Incorporation of enactments

In the local government area of the City of Edinburgh—

The following roads are to be crossed on the level:

Apparatus of statutory undertakers, etc. on land acquired

Apparatus of statutory undertakers, etc. in stopped up roads

Railway and navigation undertakings

In the local government area of the City of Edinburgh—

Editorial notes

[^key-f90850753bd9d7a676b456daa840edbf]: S. 40(1) extended (1.4.2011) by The Edinburgh Tram (Line Two) Act 2006 (Extension of Time for Land Acquisition) Order 2011 (S.S.I. 2011/127), arts. 1, 2

[^key-85b76872093f39eef77a663baf0590ce]: Words in s. 62(1)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 31(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-b2ea7972f4a64ce5f01b9b07fec5957b]: Words in s. 62(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 31(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-f7efe1d84200eb83ebec4a358710aa76]: Words in s. 62(5) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-88a177575e0e3482a008b0c70cfec65b]: Words in s. 13 substituted (30.9.2013) by The Public Bodies (Abolition of BRB (Residuary) Limited) Order 2013 (S.I. 2013/2314), arts. 1(2), 6(2)