Legalize / United Kingdom / Statutory-Instrument

The Nottingham Express Transit System Order 2009

Type Statutory-Instrument

Publication 2009-05-19

Last updated 2011-07-04

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Power to charge fares

47

(1) The promoter may demand, take and recover or waive such charges for carrying passengers or goods on the authorised tramway, or for any other services or facilities provided in connection with the authorised tramway, as it thinks fit.

(2) The promoter may enter into and carry into effect agreements with other persons providing public passenger transport services with regard to the issue of tickets and the making of through ticketing arrangements or for the purpose of generally co-ordinating the provision of those services with the operation of the authorised tramway.

(3) In this article “public passenger transport service” has the meaning given by section 63(10)(a) of the Transport Act 1985[^f00035].

Removal of obstructions

48

(1) If any obstruction is caused to tramcars 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 that person fails to do so the promoter 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 tramcars; or

(b) any person who was the owner of the vehicle at that time unless that 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 tramcars 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 that person fails to do so, the promoter 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 that 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 article 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 the 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[^f00036].

(4) A person who, wilfully and without lawful excuse—

(a) interferes with or removes the authorised tramway or any part of the authorised tramway or the works connected with it;

(b) places or throws materials or objects of any kind on any part of the authorised tramway; or

(c) does anything which obstructs any tramcar using the authorised tramway, whether or not such obstruction endangers the lives of any person in the tramcar,

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

Traffic signs

49

(1) The promoter may, for the purposes of, or in connection with the construction or operation of, the authorised tramway, place or maintain traffic signs of a type prescribed by regulations made under section 64(1)(a) of the 1984 Act or of a character authorised by the Secretary of State on any street in which the authorised tramway is laid or which gives access to such a street, or on any street in connection with any instrument made under article 50 (traffic regulation) or any other street as reasonably required for conveying information to traffic.

(2) The promoter—

(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 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 promoter as to traffic signs under this article; and, accordingly, the powers conferred by paragraph (1) shall be exercisable subject to and in conformity with any directions given under that section.

(4) A traffic authority or other authority having power under or by virtue of the 1984 Act to place and maintain, or cause to be placed and maintained, traffic signs on any street in which the authorised tramway is laid or which gives access to such a street shall consult with the promoter as to the placing of any traffic sign which would affect the operation of the authorised tramway.

(5) Tramcars shall be taken to be public service vehicles for the purposes of section 122(2)(c) of the 1984 Act.

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

Traffic regulation

50

(1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent shall not be unreasonably withheld, the promoter may, for the purposes of the authorised tramway—

(a) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles in the manner specified in Part 1 of Schedule 10 (traffic regulation) on those roads specified in column (2) and along the lengths and between the points specified in column (3) of that Part of that Schedule;

(b) authorise the use as a parking place in the manner specified in Part 2 of Schedule 10 of those roads specified in column (2) and along the lengths, between the points and to the extent specified in column (3) of that Part of that Schedule;

(c) make provision as to the direction of vehicular traffic in the manner specified in Part 3 of Schedule 10 on the roads specified in column (2) and along the lengths, between the points and as respects direction to the extent specified in column (3) of that Part of that Schedule; and

(d) permit or prohibit vehicular access in the manner specified in Part 4 of Schedule 10 to those roads specified in column (2) and along the lengths, between the points and as respects direction to the extent specified in column (3) of that Part of that Schedule.

(2) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, which consent shall not be unreasonably withheld, the promoter may, in so far as may be necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance or operation of the authorised tramway—

(a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(d) make provision as to the direction or priority of vehicular traffic on any road; and

(e) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the promoter.

(3) The powers conferred by paragraphs (1) and (2) may be exercised at any time prior to the expiry of 12 months from the opening of the authorised tramway for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (1) or (2) may have effect both before and after the expiry of that period.

(4) The promoter shall consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).

(5) The promoter shall not exercise the powers conferred by paragraph (1) or (2) unless it has—

(a) given not less than—

(i) 12 weeks' notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) 4 weeks' notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b) advertised its intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the promoter’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the promoter’s intention in the case of sub-paragraph (a)(ii).

(6) Any prohibition, restriction or other provision made by the promoter under paragraph (1) or (2) shall—

(a) have effect as if duly made by, as the case may be—

(i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the road is situated, as an order under section 32 of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 10) to which the prohibition, restriction or other provision is subject; and

(b) be deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004[^f00037] (road traffic contraventions subject to civil enforcement).

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the promoter from time to time by subsequent exercise of the powers of paragraph (2) within a period of 24 months from the opening of the authorised tramway for public use.

(8) Before exercising the powers of paragraph (2) the promoter shall consult such persons as it considers necessary and appropriate and shall take into consideration any representations made to it by any such person.

(9) Expressions used in this article and in the 1984 Act shall have the same meaning in this article as in that Act.

(10) The powers conferred on the promoter by this article with respect to any road shall have effect subject to any agreement entered into by the promoter with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

Power to lop trees overhanging authorised tramway

51

(1) The promoter 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 authorised tramway or any apparatus used for the purposes of the authorised tramway; or

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

(2) In exercising the powers in paragraph (1), the promoter 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) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.

Trespass on the authorised tramroad

52

(1) Any person who—

(a) trespasses on the authorised tramroad; or

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

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 article unless it is shown that a notice warning the public not to trespass upon the authorised tramroad was clearly exhibited and maintained at the stop on the authorised tramway nearest the place where the offence is alleged to have been committed.

Power to make byelaws

53

(1) The promoter may make byelaws regulating—

(a) the use and operation of, and travel on, the authorised tramway;

(b) the maintenance of safety and order on the authorised tramway, on any street along which the authorised tramway is laid and on tramway premises or other facilities provided in connection with the authorised tramway, where necessary to ensure the safe operation and use of the authorised tramway; and

(c) the conduct of all persons, including employees of the promoter, while on the authorised tramway or on tramway premises, or which could affect the safe operation and use of the authorised tramway.

(2) In particular, byelaws made under this article may make provision—

(a) with respect to tickets issued for travel on the authorised tramway (in whatever form), 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;

(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 re-delivery 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 regulating (but not requiring) the maintenance of, or the carrying out of works to, the facades of buildings to which any equipment has been attached pursuant to article 19 (attachment of equipment to buildings), or which front onto the authorised tramway, where necessary to ensure the safe operation and use of the authorised tramway.

(3) Byelaws made under this article 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 affecting the taking of proceedings for an offence included in byelaws by virtue of paragraph (3), if the contravention of, or failure to comply with, any byelaw made under this article is attended with danger or annoyance to the public, or hindrance to the promoter in the operation of the authorised tramway, the promoter may summarily take action to obviate or remove the danger, annoyance or hindrance.

(5) Byelaws made under this article shall not come into operation until they have been confirmed by the Secretary of State.

(6) At least 28 days before applying for any byelaws to be confirmed under this article, the promoter shall publish in such manner as may be approved by the Secretary of State a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the times 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 the Secretary of State within a period specified in the notice, being a period of not less than 28 days.

(7) For at least 24 days before an application is made under this article for byelaws to be confirmed, a copy of the byelaws shall—

(a) be kept at the principal office of the promoter and shall at all reasonable hours be open to public inspection without payment; and

(b) be made available on the promoter’s website (if any).

(8) The promoter 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 promoter may determine.

(9) The Secretary of State may confirm with or without modification, or may refuse to confirm, any of the byelaws submitted under this article 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) The Secretary of State may charge the promoter such fees in respect of any byelaws submitted for confirmation under this article as the Secretary of State may consider appropriate for the purposes of defraying any administrative expenses incurred in connection with the confirmation of those byelaws.

(11) A copy of any byelaws when confirmed shall be printed and deposited at the principal office of the promoter and shall at all reasonable hours be open to public inspection without payment, and the promoter 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 promoter shall determine.

(12) The production of a printed copy of any byelaws made under this article on which is endorsed a certificate purporting to be signed by a person duly authorised by the promoter stating—

(a) that the byelaws were made by the promoter;

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

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

shall be rebuttable evidence of the facts stated in the certificate.

(13) From the beginning of the day on which, pursuant to article 83(2) (repeals of the 1994 Act), the enactments within the 1994 Act specified in Part 2 of Schedule 15 (repeals of the 1994 Act) are repealed, and despite the repeal of section 62 of the 1994 Act by that article, the byelaws then applying to Line One and made under that section shall continue to apply to Line One until such time as they are revoked or amended by byelaws made by the promoter under this article.

(14) From the beginning of the day on which the authorised works are first brought into public use, the byelaws then applying to Line One by virtue of paragraph (13) shall be deemed to apply to the authorised tramway as well as to Line One, as if they had been made under this article and they shall continue to apply to the authorised tramway until such time as they are revoked or amended by byelaws made by the promoter under this article.

Power to contract for police services

54

(1) The promoter may enter into any agreement with a police authority and its chief officer for the police force maintained by that authority to provide policing services for or in connection with the authorised tramway, including at any tramway premises.

(2) Any such agreement may provide for—

(a) the promoter to make such payment or other consideration for those policing services as the parties may agree; and

(b) such incidental and ancillary matters as the parties consider appropriate.

(3) In this article—

(a) “chief officer” means a chief officer of police within the meaning of the Police Act 1996[^f00038] or the Chief Constable of the British Transport Police Force; and

(b) “police authority” means a police authority within the meaning of that Act or the British Transport Police Authority within the meaning of the Railways and Transport Safety Act 2003[^f00039].

Powers of disposal, agreements for operation, etc.

55

(1) The promoter may, with the consent of the Secretary of State, enter into agreements—

(a) to transfer, charge or otherwise dispose of to another person (“the transferee”) any interest of the promoter in the authorised works or the promoter’s right to construct, maintain, use or operate the authorised works; or

(b) to grant to another person (“the lessee”) for a period agreed between the promoter and the lessee any interest of the promoter in the authorised works or the promoter’s right to construct, maintain, use or operate the authorised works; and

(2) Any agreement referred to in paragraph (1) may provide—

(a) for any matters that are connected with the matters referred to in that paragraph or are consequential on them;

(b) for the financing or defraying of, or the making of contributions by the promoter or by any other person towards, the cost of constructing, maintaining, using or operating the authorised works; and

(c) for the transferee, the lessee or any other person to exercise, enjoy or be responsible for any related functions of the promoter, including its functions comprised in this Order, either exclusively or concurrently with the promoter or any other person.

(3) Where an agreement has been made under paragraph (1), references in this Order to the promoter shall include references to the transferee, the lessee or any other person who may exercise, enjoy or be responsible for any related functions of the promoter pursuant to that agreement.

(4) The exercise of the powers conferred by any enactment by any person in pursuance of any agreement made under paragraph (1) shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the promoter.

(5) The promoter may provide to any person in any agreement made under paragraph (1), or in connection with or in consequence of any such agreement, or otherwise in connection with the design, construction, financing, maintenance, use or operation of the authorised works, such guarantees, indemnities or other forms of security as it considers to be necessary or appropriate.

(6) In this article—

(a) “functions” means statutory and other powers, duties, rights, interests and obligations; and

(b) references to the authorised works shall be read as including references to any land held in connection with the authorised works.

Application of landlord and tenant law

56

(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised tramway or the right to operate the same, and

(b) any agreement entered into by the promoter with any person for the construction, maintenance, use or operation of the authorised tramway, or any part of it,

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 affect the operation of any agreement to which this article 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 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.

Tramcars deemed public service vehicles

57

(1) On such day as may be appointed under paragraph (2), regulations made, or having effect as if made, under section 24, 25 or 60(1)(j) or (k) of the Public Passenger Vehicles Act 1981[^f00040] shall have effect as if the tramcars used on the authorised tramway for the carriage of passengers were public service vehicles used in the provision of a local service within the meaning of the Transport Act 1985[^f00041].

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

(3) The promoter shall publish in a newspaper circulating in its area, notice—

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

(b) of the general effect of the enactments 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 the publication of the notice.

(4) A photostatic or other reproduction certified by a person duly authorised by the promoter 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 paragraph (3) shall be evidence of the publication of the notice and of the date of publication.

Substitute road services

58

(1) The promoter may provide or secure the provision by other persons of services for the carriage of passengers by road (“substitute services”) where the authorised tramway has been temporarily interrupted, curtailed or discontinued.

(2) The route, frequency and stopping places of any substitute service need not correspond with the route of the interrupted, curtailed or discontinued service.

(3) Section 6 of the Transport Act 1985 shall not apply to any substitute services.

PART 5 — PENALTY FARES

Interpretation of Part 5

59

(1) In this Part unless the context otherwise requires—

“authorised person” means, in relation to any purpose, a person authorised for that purpose by the promoter;

“fare ticket” means a ticket authorising the person in respect of whom it is issued to travel on a tramcar;

“general travel authority” means any permit, other than a fare ticket, authorising the person in respect of whom it is issued to travel on a tramcar;

“passenger” means a person travelling on a tramcar;

“penalty fare” means a penalty fare payable pursuant to article 61 (penalty fares);

“the penalty fare provisions” means articles 61 (penalty fares) to 66 (exclusion of double liability); and

“tramway stop” means a station or other regular stopping place on the authorised tramway at which passengers may get on or off tramcars.

(2) Any reference in this Part to a passenger producing a fare ticket or general travel authority on being required to do so by an authorised person is a reference to producing, when so required, a fare ticket or general travel authority which, either by itself or together with any other document produced by the passenger at the same time, is valid for the journey made by the passenger.

(3) For the purposes of paragraph (2), a passenger who is on a tramcar shall be taken to have made a journey ending at the next scheduled tramway stop.

Operation of Part 5

60

(1) The penalty fare provisions shall have effect in relation to travel on any tramcar on and after such day as the Secretary of State may specify.

(2) On the application of the promoter, or if the Secretary of State considers on reasonable grounds that the promoter is not complying with the requirements of this Part, the Secretary of State may provide that the penalty fare provisions shall cease to have effect on and after such day as the Secretary of State may specify.

(3) Paragraph (2) does not affect the power of the Secretary of State to specify further days on and after which the penalty fare provisions shall have effect.

(4) Any day specified by the Secretary of State for the purposes of paragraph (1) or (2) shall be published in a newspaper circulating in the promoter’s area not later than one week before that date.

(5) No day may be specified under paragraph (1) except at the request of the promoter.

Penalty fares

61

(1) If a passenger, on being required to do so by an authorised person, fails to produce a fare ticket or a general travel authority, the passenger shall be liable to pay a penalty fare if required to do so by an authorised person.

(2) A passenger shall not be liable to pay a penalty fare if, at any time when fare tickets are generally made available for sale at tramway stops or on tramcars, there were no facilities for the sale of the necessary ticket for the passenger’s journey at the tramway stop where, and the time when, the passenger boarded the tramcar, or on the tramcar.

(3) Paragraphs (4) and (5) have effect with respect to the burden of proof, in any action for the recovery of a penalty fare under this article, so far as concerns the question whether the facts of the case fall within paragraph (2).

(4) In any case where the passenger has provided the authorised person with a relevant statement in due time it shall be for the authorised person to show that the facts of the case do not fall within paragraph (2), and in any other case it shall be for the passenger to show that the facts of the case fall within that provision.

(5) For the purposes of paragraph (4)—

(a) a relevant statement is a statement giving an explanation of the passenger’s failure to produce a fare ticket or general travel authority, together with any information as to the passenger’s journey relevant to that explanation (including, in every case, an indication of the tramway stop where the passenger boarded the tramcar); and

(b) a statement is provided in due time if it is provided when the passenger is required to produce a fare ticket or general travel authority, or at any later time before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed.

Amount of penalty fare

62

(1) Subject to paragraph (2), a penalty fare shall be £20 and shall be payable to the promoter before the expiration of the period of 21 days beginning with the day following the day on which the journey in respect of which it is payable is completed.

(2) The promoter may from time to time vary the amount of the penalty fare provided that—

(a) the consent of the Secretary of State is obtained in writing to such a variation; and

(b) a notice stating the amount of the penalty fare as so varied is published in a newspaper circulating in the promoter’s area not later than 28 days before the day on which the penalty fare, as so varied, is to take effect.

Document to be issued in connection with penalty fare requirement

63

(1) An authorised person who requires a passenger to pay a penalty fare shall give the passenger either a receipt for the payment of the amount of the penalty (where the passenger makes that payment to the authorised person) or a notice stating that the requirement has been made.

(2) A receipt or notice given under paragraph (1) shall specify the passenger’s destination on the tramcar on which the passenger is travelling when required to pay the penalty fare, and shall operate as an authority to the passenger to continue to that destination.

(3) For the purposes of paragraph (2), the passenger’s destination shall (unless only one destination is possible in the circumstances) be taken to be the destination stated by the passenger or, in default of any statement by the passenger identifying the passenger’s destination, such destination as may be specified by the authorised person.

Notice of penalty fare provisions

64

(1) It shall be the duty of the promoter to secure that a warning notice meeting the requirements of paragraph (2) is posted—

(a) at every tramway stop, in such a position as to be readily visible to prospective passengers; and

(b) in every tramcar, in such a position as to be readily visible to passengers travelling on that tramcar.

(2) A warning notice posted pursuant to paragraph (1) shall (however expressed) indicate the circumstances (as provided in article 61 (penalty fares)) in which passengers may be liable to pay a penalty fare and state the amount of the penalty fare.

Supplementary provisions

65

(1) A passenger who is required to pay a penalty fare shall, unless the passenger pays, immediately and in cash, the amount of the penalty fare to an authorised person requiring such payment, give to that authorised person, if that person requires the passenger to do so, the name and address of the passenger; and any passenger failing to do so shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2) Where an authorised person requires any passenger to do anything pursuant to any provision of this Order the authorised person shall, if so requested by the passenger concerned, produce to that passenger a duly authenticated document showing evidence of the authorised person’s authority; and a requirement by an authorised person shall be of no effect if, as respects that requirement, the authorised person fails to comply with this paragraph.

Exclusion of double liability

66

(1) Where a passenger has become liable to pay a penalty fare in respect of any journey (referred to below as “the relevant journey”), no proceedings may be brought against that passenger for either of the offences specified in paragraph (2) before the end of the period mentioned in article 62(1) (amount of penalty fare); and no such proceedings may be brought after the end of that period if—

(a) the passenger has paid the penalty fare to the promoter before the end of that period; or

(b) an action has been brought against the passenger for the recovery of that fare.

(2) The offences mentioned in paragraph (1) are—

(a) any offence under byelaws made under article 53 (power to make byelaws) involving a failure to obtain or produce a fare ticket or general travel authority for the relevant journey; and

(b) any offence under section 25(3) of the Public Passenger Vehicles Act 1981[^f00042] of contravening or failing to comply with any provision of regulations for the time being having effect by virtue of that section by failing to pay the fare properly payable for the relevant journey or any part of it.

(3) If proceedings are brought against any such passenger for any such offence the liability to pay the penalty fare shall cease and, if it has been paid, the promoter shall be liable to repay to the passenger an amount equal to the amount of that fare.

PART 6 — PROTECTIVE PROVISIONS

Statutory undertakers, etc.

67

The provisions of Schedule 11 (provisions relating to statutory undertakers, etc.) shall have effect.

Minerals

68

Nothing in this Order shall affect the right of any person entitled to any mine or minerals of any description whatsoever under a street along which the authorised street tramway is laid to work the mine or get the minerals; but this shall not affect any liability (whether civil or criminal) of the person so entitled in respect of damage to the authorised street tramway resulting from the exercise of any such right.

Saving for highway authorities

69

Nothing in this Order shall affect any power of a highway authority to widen, alter, divert or improve any highway along which the authorised street tramway is laid.

Arrangements with highway authorities

70

(1) The following provisions shall, unless otherwise agreed in writing between the promoter and the highway authority concerned, have effect.

(2) In this article—

“highway” means a street vested in or maintainable by the highway authority;

“highway operations” means the construction or non-routine maintenance of any part of the authorised works which will involve interference with a highway or the traffic in a highway, any temporary stopping up, alteration or diversion of a highway, any occupation of the surface of a highway or any placing of equipment or apparatus in a highway; and

“plans” includes sections, drawings, specifications and particulars (including descriptions of methods of construction).

(3) Wherever in this article provision is made with respect to the approval or consent of the highway authority, that approval or consent shall be in writing and may be given subject to such reasonable terms and conditions as the highway authority may impose in the interests of safety and in order to minimise inconvenience to persons using the highway, but shall not be unreasonably withheld.

(4) Prior to seeking approval under paragraph (6), the promoter shall consult the highway authority concerned as to any works to and changes in the management of the highway network which may be required to ensure the effective integration of the authorised tramway with other forms of highway traffic and, within 28 days of being requested in writing by the promoter to do so, the highway authority shall provide the promoter with its opinion on the subject.

(5) Prior to seeking approval under paragraph (6), the promoter shall consult the highway authority concerned as to the design of any lighting for tramway stops, the design and positioning of any poles and brackets required for overhead line equipment and the design of any traffic signalling system for the authorised tramway.

(6) Without affecting the application of sections 59 and 60 of the 1991 Act (duty of street authority to co-ordinate and undertakers to co-operate) before commencing any highway operations, the promoter shall submit to the highway authority for its approval proper and sufficient plans and shall not commence the highway operations until such plans have been approved or settled by arbitration.

(7) If, within 56 days after any plans have been submitted to a highway authority under paragraph (6), it has not intimated its disapproval and the grounds of disapproval, it shall be deemed to have approved them.

(8) In the event of any disapproval of plans by a highway authority under this paragraph, the promoter may re-submit the plans with modifications and, in that event, if the highway authority has not intimated its disapproval and the grounds of disapproval within 28 days of the plans being re-submitted, it shall be deemed to have approved them.

(9) In submitting plans under paragraph (6), the promoter shall—

(a) ensure, so far as reasonably practicable, that the design of any lighting for tramcar stops is such as not to cause confusion to highway users operating under normal highway lighting;

(b) ensure that the design and positioning of any poles and brackets required for overhead line equipment and the design of foundations, platforms, road islands, substations, electric lines and other apparatus are compatible, so far as reasonably practicable, with street furniture vested in the highway authority; and

(c) ensure that the design of any traffic signalling system for the authorised tramway is fully compatible with traffic signalling for other traffic users whilst achieving appropriate priority signalling for tramcars using the authorised tramway wherever practicable.

(10) Except in an emergency or where reasonably necessary to secure the safety of the public, no direction or instruction shall be given by the highway authority to the contractors, servants or agents of the promoter regarding the highway operations without the prior consent in writing of the promoter but the highway authority shall not be liable for any additional costs which may be incurred as a result of the giving of instructions or directions pursuant to this paragraph.

(11) To facilitate liaison with the promoter, the highway authority concerned shall provide so far as is reasonably practicable a representative to attend meetings arranged by the promoter respecting highway operations.

(12) So much of the authorised works as forms part of or is intended to become public highway, or part of any such highway, and which are not street works as respects which the provisions of Part 3 of the 1991 Act apply, shall be completed in accordance with the reasonable requirements of the highway authority or, in case of difference between the promoter and the highway authority as to whether those requirements have been complied with or as to their reasonableness, in accordance with such requirements as may be approved or settled by arbitration.

(13) The promoter shall not, except with the consent of the highway authority, alter or interfere with any sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or any connected apparatus, or any other property or work belonging to, or under the jurisdiction or control of, the highway authority on or under any highway or maintainable by them or the access to any such property or work.

(14) The promoter shall not, except with the consent of the highway authority, deposit any soil or materials or stand any vehicle or plant on or over any highway so as to obstruct or render less safe the use of the highway by any person or, except with the like consent, deposit any soil or materials on any highway except within a hoarding.

(15) The promoter shall, if reasonably so required by the highway authority, provide and maintain during such time as the promoter may occupy any part of a highway for the purpose of the construction of any part of the authorised works, temporary ramps for vehicular traffic or pedestrian traffic, or both, and any other traffic measures required to protect the safety of road users in accordance with the standard recommended in Chapter 8 of the Traffic Signs Manual issued for the purposes of the Traffic Signs Regulations and General Directions 2002[^f00043] in such position as may be necessary to prevent undue interference with the flow of traffic in any highway.

(16) The promoter shall not place any hoardings on any part of any highway except for such period and in such manner as may be reasonably necessary.

(17) The promoter shall indemnify the highway authority against any claim which may arise as a result of any subsidence of, or damage to, any highway or any sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or any connected apparatus or any other property or work belonging to, or under the jurisdiction or control of, the highway authority on or under any highway, or maintainable by them, which may be caused by, or in consequence of, any act or default of the promoter, its contractors, servants or agents.

(18) Unless otherwise agreed between the parties any difference arising between the promoter and the highway authority under this article (other than a difference as to its meaning or construction) shall be determined by arbitration under article 82 (arbitration).

For protection of the Environment Agency

71

(1) For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions shall, unless otherwise agreed in writing between the promoter and the Agency, have effect.

(2) In this article—

“construction” shall include execution, placing and maintenance and “construct” and “constructed” shall be construed accordingly;

“damage” shall include scouring, erosion and environmental damage and “damaged” shall be construed accordingly;

“drainage work” shall mean any watercourse and includes any land which is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence;

“the fishery” shall mean any waters containing fish and fish in, or migrating to or from, such waters and the spawn, habitat or food of such fish;

“plans” shall include sections, drawings, specifications and method statements; and

“specified work” shall mean so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a watercourse or is otherwise likely to— affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work; affect the flow, purity or quality of water in any watercourse or other surface waters or ground water; cause obstruction to the free passage of fish or damage to any fishery; or affect the conservation, distribution or use of water resources.

(a) Before beginning to construct any specified work, the promoter shall submit to the Agency plans of the work and such further particulars available to it as the Agency may within 28 days of the submission of the plans reasonably require.

(b) Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph (13).

(i) shall not be unreasonably withheld;

(ii) shall be deemed to have been given if it is neither given nor refused in writing within 56 days of the submission of the plans for approval and in the case of a refusal, accompanied by a statement of the grounds of refusal; and

(iii) may be given subject to such reasonable conditions or requirements as the Agency may impose—

(a) for the protection of any drainage work;

(b) for the protection of the fishery;

(d) for the prevention of flooding or pollution; or

(e) in the discharge of its environmental and recreational duties.

(4) In particular, the conditions or requirements which the Agency may make under paragraph (3) include conditions requiring the promoter at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a) to safeguard any drainage work against damage; or

(b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased by reason of any specified work.

(a) Any specified work, and all protective works required by the Agency under paragraph (4), shall be constructed—

(i) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under this article; and

(ii) to the reasonable satisfaction of the Agency,

and the Agency shall be entitled by its officer to watch and inspect the construction of such works.

(b) The promoter shall give to the Agency not less than 14 days' notice in writing of the promoter’s intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.

(c) If any part of the works comprising a structure in, over or under a drainage work is constructed otherwise than in accordance with the requirements of this article, the Agency may by notice in writing require the promoter, at the promoter’s own expense, to comply with the requirements of this article or (if the promoter so elects and the Agency in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

(d) Subject to sub-paragraph (e) if, within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (c) is served upon the promoter, it has failed to begin taking steps to comply with the requirements of the notice and thereafter to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the promoter.

(e) In the event of any dispute as to whether sub-paragraph (c) is properly applicable to any work in respect of which a notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency shall not except in an emergency exercise the powers conferred by sub-paragraph (d) until the dispute has been finally determined.

(a) The promoter shall maintain in good repair and condition and free from obstruction any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purposes of or in connection with the authorised tramway and constructed under the powers conferred by this Order.

(b) If any such work which the promoter is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the promoter to repair and restore the work, or any part of it, or (if the promoter so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

(c) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any work is served under sub-paragraph (b) on the promoter, the promoter has failed to begin taking steps to comply with the reasonable requirements of the notice and has not thereafter made reasonably expeditious progress towards their implementation, the Agency may do anything necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the promoter.

(d) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (b), the Agency shall not, except in a case of an emergency, exercise the powers conferred by sub-paragraph (c) until the dispute has been finally determined.

(e) Nothing in this paragraph shall have the effect of requiring the promoter to carry out works of maintenance in respect of any culvert or structure which the Agency or any other person is liable to maintain.

(7) If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that work is otherwise damaged, such impairment or damage shall be made good by the promoter to the reasonable satisfaction of the Agency and if the promoter fails to do so, the Agency may make good the same and recover from the promoter the expense reasonably incurred by it in so doing.

(a) The promoter shall take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any fishery during the construction of any specified work.

(b) If by reason of—

(i) the construction of any specified work; or

(ii) the failure of any such work,

damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the promoter requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage.

(c) If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to the fishery, the promoter fails to take such steps as are described in sub-paragraph (b), the Agency may take those steps and may recover from the promoter the expense reasonably incurred by it in doing so.

(d) In any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the promoter the reasonable cost of so doing provided that a notice specifying those steps is served on the promoter as soon as is reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.

(9) The promoter shall indemnify the Agency in respect of all costs, charges and expenses which the Agency may reasonably incur or have to pay or which it may sustain—

(a) in the examination or approval of plans under this article; and

(b) in the inspection of the construction of the specified works or any protective works required by the Agency under this article.

(10)

(a) Without affecting the other provisions of this article, the promoter shall indemnify the Agency from all claims, demands, proceedings, costs, damages or expenses or loss, which may be made or taken against, or recovered from or incurred by the Agency by reason of—

(i) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;

(ii) any damage to the fishery;

(iii) any raising or lowering of the water table in land adjoining the works authorised by this Order or any sewers, drains and watercourses;

(iv) any flooding or increased flooding of any such lands; or

(v) inadequate water quality in any watercourse or other surface waters or in any groundwater,

which is caused by, or results from, the construction of any of the works or any act or omission of the promoter, its contractors, agents or employees whilst engaged upon the work.

(b) The Agency shall give to the promoter reasonable notice of any such claim or demand and no settlement or compromise of it shall be made without the agreement of the promoter, which shall not be unreasonably withheld.

(11) The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the promoter from any liability under the provisions of this article.

(12) For the purposes of Chapter 2 of Part 2 of the Water Resources Act 1991[^f00044] (abstraction and impounding of water), as applying to the construction of any specified work, any consent or approval given or deemed to be given by the Agency under this article with respect to such construction shall be deemed also to constitute an impounding licence under that Chapter, and the promoter shall not be obliged to serve any notice which would otherwise be required by section 30 of that Act (which relates to the construction of boreholes and similar works in respect of which a licence is not required).

(13) Any dispute arising between the promoter and the Agency under this article (other than a difference as to its meaning or construction) shall, if the parties agree, be determined by arbitration under article 82 (arbitration), but shall otherwise be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly on a reference to them by the promoter or the Agency, after notice in writing by one to the other.

For protection of electricity, gas, water and sewerage undertakers

72

The provisions of Schedule 12 (for protection of electricity, gas, water and sewerage undertakers) shall have effect.

For protection of British Waterways Board

73

The provisions of Schedule 13 (for protection of British Waterways Board) shall have effect.

For protection of railway interests

74

The provisions of Schedule 14 (for protection of railway interests) shall have effect.

For protection of Borough Councils

75

(1) The following provisions of this article shall, unless otherwise agreed in writing between the promoter and the appropriate Council, have effect.

(2) In this article “the appropriate Council” means—

(a) the Council of the Borough of Broxtowe, in relation to any authorised work constructed in the area of that council; or

(b) the Council of the Borough of Rushcliffe, in relation to any authorised work constructed in the area of that council.

(3) Before commencing to construct any scheduled work the promoter shall consult the appropriate Council about—

(a) the programme for the construction of that work; and

(b) the land within the Order limits to be occupied and used by the promoter as temporary working sites for the purpose of such construction, the period for which and the manner in which each site will be used and the steps to be taken by the promoter in order to mitigate any injury to amenity.

(4) The promoter shall consult the appropriate Council as to the proposed manner and method of disposing of any soil or waste material resulting from the carrying out of any operation in connection with construction of the authorised works.

PART 7 — MISCELLANEOUS AND GENERAL

Street and market traders

76

(1) Where the promoter considers that the carrying on within any part of a street within the Order limits by the holder of a public markets licence, a street trader’s licence or a street trading consent, of the trading permitted by that licence or consent, would prevent or materially impede the construction or maintenance of the authorised works or the safe operation of the authorised tramway, the promoter may—

(a) revoke that licence or consent, as the case may be, if it only permits trading in a street in which the authorised tramway is or is to be laid or in any street having a junction with such a street; or

(b) with the consent of the Council, vary the principal or the subsidiary terms of that licence or the conditions of that consent, as the case may be.

(2) The principal or subsidiary terms of a street trader’s licence or the conditions of a street trading consent may be varied by the promoter under paragraph (1) so that the licence or consent, as the case may be, permits trading in a street which is beyond a street in which the authorised tramway is or is to be laid or any street having a junction with such a street.

(3) The promoter shall serve written notice of any such revocation or variation on the licence-holder or the holder of the consent in question not less than 28 days before the revocation or variation is to take effect.

(4) Where the promoter revokes a street trader’s licence under this article, the Council may remit or refund, as it considers appropriate, the whole or a part of—

(a) any fee paid for the grant or renewal of the licence; or

(b) any charges recoverable by it under paragraph 9(6) of Schedule 4 to the 1982 Act.

(5) Where the promoter revokes a public markets licence or a street trading consent under this article, the Council may remit or refund, as it considers appropriate, the whole or a part of any fee paid for the grant or renewal of the licence or consent.

(6) No legal proceedings whatever may be taken against the Council in relation to any consent given under paragraph (1)(b) except where the Council or any employee, contractor or agent of the Council has acted negligently in giving that consent.

(7) The promoter shall pay compensation to any person who suffers any loss or damage from the exercise of the powers conferred by paragraph (1) and in assessing the amount of any such compensation there shall be taken into account any money paid to that person pursuant to paragraph (4) or (5).

(8) Any dispute as to a person’s entitlement to compensation under paragraph (7), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.

(9) In this article—

“the 1982 Act” means the Local Government (Miscellaneous Provisions) Act 1982[^f00045];

“the Council” means Broxtowe Borough Council in relation to a public markets licence, a street trader’s licence or a street trading consent applying to its area, Rushcliffe Borough Council in relation to such a licence or consent applying to its area, and the City Council in relation to such a licence or consent applying to its area, and in each case includes the Council’s employees, agents and contractors;

“public markets licence” means a licence to trade at any street market granted to any person by the Council pursuant to its rights under any Royal Charter or enactment;

“street trading consent” means a consent to trade in a street granted to any person by the Council pursuant to Schedule 4 to the 1982 Act; and

“street trader’s licence” means a licence to trade in a street granted to any person by the Council pursuant to Schedule 4 to the 1982 Act or any other enactment.

Disclosure of confidential information

77

A person who—

(a) enters a manufactory, workshop or workplace in pursuance of the provisions of article 22 (safeguarding works to buildings) or article 25 (power to survey and investigate land, etc.); and

(b) discloses to any person any information obtained pursuant to paragraph (a) and relating to any manufacturing process or trade secret,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of that person’s performance of a duty in connection with the purposes for which the person was authorised to enter the land.

Defence to proceedings in respect of statutory nuisance

78

(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990[^f00046] (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—

(a) that the nuisance relates to premises used by the promoter for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works and that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974[^f00047]; or

(b) that the nuisance is a consequence of the operation or maintenance of the authorised tramway and that it cannot reasonably be avoided.

(2) The following provisions of the Control of Pollution Act 1974, namely—

(a) section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990); and

(b) section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),

shall not apply where the consent relates to the use of premises by the promoter for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.

(3) The provisions of this article do not affect any rule of common law having similar effect.

Certification of plans, etc.

79

The promoter shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the works and land plans, the open space and exchange land plans and the traffic regulation and rights of way plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, the works and land plans, the open space and exchange land plans and the traffic regulation and rights of way plans referred to in this Order; 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

80

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post; or

(b) with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order 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 of the Interpretation Act 1978[^f00048] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that 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 that person at the time of service.

(4) Where for the purposes of this Order 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 that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, 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) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission, the requirement shall be taken to be fulfilled only where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document, the sender shall provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person shall give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation shall be final and shall take effect on a date specified by the person in the notice but that date shall not be less than 7 days after the date on which the notice is given.

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

No double recovery

81

Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Arbitration

82

Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator 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 of the Institution of Civil Engineers.

Repeals of the 1994 Act

83

(1) The enactments within the 1994 Act specified in Part 1 of Schedule 15 (repeals of the 1994 Act) are repealed.

(2) Except to the extent that they apply to the specified works, the enactments within the 1994 Act specified in Part 2 of Schedule 15 shall be repealed on the day on which Line One first begins to be operated pursuant to an agreement made under article 55 (powers of disposal, agreements for operation, etc.).

(3) The enactments within the 1994 Act specified in Part 2 of Schedule 15 that apply to the specified works shall be repealed on the day on which regular revenue-earning operations commence on the authorised tramway.

(4) The enactments within the 1994 Act specified in Part 3 of Schedule 15 shall be repealed on the day after the day on which the promoter has published a notice, certifying that all of the land and rights in land which may be acquired under the 1994 Act have been vested in the promoter (by whatever means), in a newspaper circulating in the vicinity of the land.

(5) This article is subject to article 85 (agreements and undertakings connected with the 1994 Act or the construction or maintenance of Line One).

(6) In this article “the specified works” means the following works authorised by the 1994 Act—

(a) Work Nos. 3A and 3B;

(b) Work No.6;

(d) Work No.7,

together with all necessary works and conveniences connected with those works.

Application to Line One

84

Schedule 16 (which provides for the application of certain provisions of this Order to Line One and makes other provision in relation to Line One) shall have effect.

Agreements and undertakings connected with the 1994 Act or the construction or maintenance of Line One

85

Schedule 17 (which relates to certain agreements and undertakings connected with the 1994 Act or the construction or maintenance of Line One) shall have effect.

Acquisition of land required for the further development or extension of the authorised tramway and Line One

86

Without limiting the scope of the promoter’s power to acquire land by agreement under section 120 of the Local Government Act 1972[^f00049] and section 26 of the Land Compensation Act 1973[^f00050], the promoter may acquire by agreement any land in its area which, in its opinion—

(a) is likely to be required for the further development or extension of the authorised tramway and Line One; or

(b) by reason of published proposals indicating that it might be so required, is a hereditament in respect of which a valid blight notice could have been served on the promoter under section 150 or 161 of the 1990 Act if it were land of the description specified in paragraph 21 of Schedule 13 to that Act.

Greater Nottingham Light Rapid Transit Advisory Committee

87

(1) The promoter shall establish a body, to be known as the Greater Nottingham Light Rapid Transit Advisory Committee (in this article referred to as “the Committee”).

(2) The purpose of the Committee is to advise the promoter on the operation of the authorised tramway and Line One (in this article referred to together as “the Nottingham Express Transit system”) and except in a case of special urgency where it is not reasonably practicable to do so, the promoter shall consult the Committee on the operation of the Nottingham Express Transit system.

(3) The members of the Committee shall be appointed by the promoter, and shall include representatives of users of the Nottingham Express Transit system and members of the City Council and the County Council. The Committee may co-opt onto the Committee such representatives of any person given a right to operate the Nottingham Express Transit system pursuant to an agreement made under article 55 (powers of disposal, agreements for operation, etc.) as the Committee sees fit.

(4) Without affecting any member of the Committee’s right to resign as a member of the Committee at any time by giving notice in writing to the promoter, the term of office of a member of the Committee shall extend as follows—

(a) in the case of a member who is a member of the City Council or the County Council, from the date of that member’s appointment until the end of the relevant council’s period of administration or, if earlier, the date on which that member ceases to be a member of the council concerned; or

(b) in the case of any other member, for three years from the date of that member’s appointment,

and, on ceasing to hold office pursuant to this paragraph, a member of the Committee shall be eligible for re-appointment as a member of the Committee.

(5) The Committee may determine its own quorum and procedure and shall appoint its Chair.

(6) It shall be the duty of the Committee to consider representations made to it by members of the public regarding the operation of the Nottingham Express Transit system.

(7) The Committee may at any time refer or make representations or recommendations to the promoter regarding the operation of the Nottingham Express Transit system, whether or not the Committee has been consulted on the matter by the promoter.

(8) The promoter shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to it by the Committee, whether or not the Committee has been consulted by the promoter on the matter, recommendation or representation so referred or made.

(9) When so requested by the Committee, the promoter shall give its reasons in writing to the Committee for disagreeing with any recommendation or representation of the Committee.

(10) The promoter shall provide the Committee with accommodation and pay all its reasonable secretarial and administration costs.

(11) In this article references to the operation of the authorised tramway, Line One and the Nottingham Express Transit system include references to matters affecting their operation.

Existing local railway legislation

88

(1) Subject to paragraph (2), any local enactment by which any railway within or adjacent to the Order limits was authorised, including the Manchester, Sheffield and Lincolnshire Railway (Extension to London &c.) Act 1893[^f00051], shall have effect subject to the provisions of this Order.

(2) Paragraph (1) shall not apply to any local enactment in so far as that enactment authorises any railway on land owned or occupied by Network Rail Infrastructure Limited unless, in accordance with Schedule 14 (for protection of railway interests)—

(a) Network Rail Infrastructure Limited transfers or grants to the promoter; or

(b) the promoter acquires,

any part of that land, or an interest in or easement or other right over it, for the purposes of or in connection with the authorised tramway.

SCHEDULE 1 — SCHEDULED WORKS

(1)	(2)
Number of Work	Description of Work
In the County of Nottinghamshire
Work No.1	A tramroad 2,219 metres in length (double line), commencing 120 metres east of Toton Lane and running east across open land, crossing Inham Road, continuing east and running in parallel to Eskdale Drive, crossing Bramcote Lane and terminating at Cator Lane.
Work No.1A	Diversion and culverting of an existing open watercourse 457 metres in length between Inham Nook Recreation Ground and Bramcote Lane.
Work No.1B	A new footpath/cycle track 412 metres in length between Bramcote Lane and Cator Lane.
Work No.1C	Diversion of a combined sewer 417 metres in length between Bramcote Lane and Cator Lane.
Work No.2	A tramroad 652 metres in length (double line), commencing at the termination of Work No.1 and running east along an existing access track, turning south-east at Richmond Court and finally north-east to terminate at an access junction for Castle College (Broxstowe campus).
Work No.2A	Diversion of an existing culverted watercourse 266 metres in length between Cator Lane and Richmond Court.
Work No.2B	Diversion of an existing culverted watercourse 55 metres in length between Richmond Court and property number 51 Gwenbrook Avenue.
Work No.2C	Diversion of an existing culverted watercourse 103 metres in length between Castle College (Broxtowe campus) and High Road.
Work No.3	A tramway/tramroad 1,998 metres in length (double line), commencing at the termination of Work No.2 and running north-east within the carriageway of High Road/Chilwell Road, turning south-east to run through the area currently occupied by the properties on the south-western side of The Square and along Styring Street, then turning north-east to run within the carriageway of Middle Street, Fletcher Road and Lower Road, terminating at the junction of Lower Road and Queen’s Road East.
Work No.3A	A new highway 28 metres in length between Factory Lane and Wilmot Lane to provide access between Factory Lane and Wilmot Lane.
Work No.3B	A new highway 102 metres in length between Foster Avenue and Wollaton Road to provide access between Foster Avenue and Wollaton Road.
In the City of Nottingham
Work No.4	A tramroad 941 metres in length (double line), commencing at the termination of Work No.3 and running to the immediate south of University Boulevard and terminating 315 metres south-west of the junction of University Boulevard and East Drive.
Work No.5	A tramroad 831 metres in length (double line), commencing at the termination of Work No.4 and running along the south side of University Boulevard, turning north-west at the junction between University Boulevard and East Drive and then north-east to run immediately south of a diverted Science Road and finally terminating at the centre of Clifton Boulevard. This work also includes new bridge works across the north-west bound carriageway of Clifton Boulevard (overall length 115 metres with various span clearances) and lengthening of Tottle Brook culvert (length 12 metres, span clearance 7 metres) on which the tramroad will be supported.
Work No.5A	Diversion of University Boulevard/Beeston Road 300 metres in length from the Tottle Brook culvert to a point adjacent to property No. 117 Beeston Road.
Work No.5B	Diversion of Science Road 303 metres in length from a point 30 metres north-east of the East Drive highway boundary to a point 16 metres south-west of the centre of Clifton Boulevard.
Work No.6	A tramroad 438 metres in length (double line), commencing at the termination of Work No.5 and running in a north-easterly direction on an elevated structure over the south-east bound carriageway of Clifton Boulevard and the River Leen, turning east and terminating at ground level at a point 15 metres south-west of the Abbey Street highway boundary. This work includes the new bridge works over Clifton Boulevard, West Road, East Road and the River Leen (overall length 332 metres with various span clearances) on which the tramroad will be supported.
Work No.6A	A new footway 278 metres in length running alongside NET on the elevated structure (Work No.6) between a point 15m south-west of the Clifton Boulevard highway boundary and the southern fa 9 231 ade of Queen’s Medical Centre South Block. This work includes access stairs and lift at the commencement point and also 20 metres from the termination point.
Work No.7	A tramway/tramroad 668 metres in length (double line), commencing at the termination of Work No.6 and running north-east along Abbey Street, turning east to run within the carriageway of Gregory Street and Lenton Lane, leaving the highway at the Easter Park access road and terminating 90 metres west of the existing railway at Lenton South Junction. This work includes the removal and replacement of an existing bridge deck over Nottingham Beeston Canal (Claytons Bridge) on which the tramroad will be supported.
Work No.8	A tramway/tramroad 845 metres in length (double line), commencing at the termination of Work No.7 and running east on an embankment and retained structures, crossing the heavy rail lines, ramping down to existing ground level at the NG²; site and running along the NG²; site spine road and terminating at the junction of King’s Meadow Road and Queen’s Drive. This work includes new bridge works over the existing railway at Lenton South Junction (45 metre span) with new embankment approaches on which the tramroad will be supported.
Work No.9	A tramway 1,008 metres in length (double line), commencing at the termination of Work No.8 and running within the carriageway of Meadows Way, turning north, then principally east and terminating 20 metres east of the junction of Meadows Way and Sheriffs Way.
Work No.10	A tramway/tramroad 492 metres in length (double line), commencing at the termination of Work No.9 and running along Meadows Way and across a realigned Arkwight Street. This work continues turning north at the junction between Arkwright Street and Meadows Way and running on elevated structures to terminate at the existing Nottingham Express Transit Line One terminus north of Station Street. Incorporating at Arkwright Street provision for junctions to be added for future lines. This work includes new bridge works over Tinker’s Leen, Queens Road, Nottingham Station and Station Street (overall length 192 metres, with various span clearances) on which the tramroad will be supported.
Work No.10A	A new pedestrian link bridge 45 metres in length between Work No.10 at the southern end of Nottingham Express Transit stop (“Nottingham Station”) and Nottingham Station. This work also includes access stairs and lifts at the commencement point.
Work No.10B	A new pedestrian link 148 metres in length running alongside Work No.10 on the proposed viaduct structures between Nottingham Express Transit stop (“Nottingham Station”) and the existing Nottingham Express Transit Line One terminus adjacent to Trent Street. This work also includes new bridge works to link Work No.10 structures to the existing Nottingham Express Transit Line One connection onto the Nottingham Station footbridge to the east (length 10 metres, with various span clearances).
Work No.11	A tramroad 841 metres in length (double line), commencing at the termination of Work No.9 and running south-west along Queen’s Walk and terminating on the north approach spans of Wilford Toll Bridge at a point 26 metres south of the Victoria Embankment roundabout. This work also includes new works to infill the existing pedestrian underpass of Robin Hood Way.
Work No.11A	A new cycleway 811 metres in length commencing at the junction of Meadows Way and Sheriffs Way and terminating to the immediate south of the Victoria Embankment roundabout at the northern end of Wilford Toll Bridge.
Work No.11B	A new footway 633 metres in length commencing at a point 35 metres south of the junction of Meadows Way and Sheriffs Way and terminating at a point 40 metres north-east of the junction of Sweet Leys Road and Queen’s Walk.
Work No.11C	A new footpath 38 metres in length between Robin Hood Way and Queen’s Walk, including a connection to Riverside Way.
Work No.11D	A new highway 16 metres in length between Robin Hood Way and Riverside Way to provide access between Robin Hood Way and Riverside Way.
Work No.11E	A new highway 16 metres in length between Robin Hood Way and Riverside Way to provide access between Robin Hood Way and Riverside Way.
Work No.12	A tramway/tramroad 532 metres in length (double line), commencing at the termination of Work No.11 and running south over the River Trent, along Main Road, turning south-east to run alongside Coronation Avenue and terminating on the western side of the disused railway embankment. This work also includes new bridge works at Wilford Toll Bridge over the River Trent (overall length 86 metres with existing span clearances) on which the tramway will be supported.
Work No.12A	Diverted footway/cycleway 441 metres in length commencing at the termination of Work No.11A and running south over Wilford Toll Bridge (Work No.12), turning south-east and south to terminate at Coronation Avenue at a point 57 metres from the junction of Coronation Avenue and Main Road.
In the County of Nottinghamshire
Work No.13	A tramroad 1,006 metres in length (double line), commencing at the termination of Work No.12 and turning south to run alongside the eastern edge of the disused railway embankment before moving west to run on the disused railway embankment at a lowered height 240 metres north of Wilford Lane and terminating on the highway boundary, to the south side of Wilford Lane.
Work No.13A	A new footpath 920 metres in length running alongside Work No.13 between the southern highway boundary of Coronation Avenue and the northern highway boundary of Wilford Lane.
Work No.14	A tramroad 1,489 metres in length (double line), commencing at the termination of Work No.13 and running south along the disused railway corridor, passing beneath the Clifton Boulevard via an existing bridge and terminating 66 metres south-west of Clifton Boulevard.
Work No.14A	A new footpath 1,263 metres in length commencing at Wilford Lane, running alongside Work No.14 and terminating at Ruddington Lane.
In the City of Nottingham and the County of Nottinghamshire
Work No.14B	A new footpath 183 metres in length running south-east between Kynance Gardens and Work No.14 at the south-east corner of playing fields.
Work No.14C	Realignment and lowering of Ruddington Lane 232 metres in length commencing at the junction of Fieldway and Ruddington Lane, terminating at a point 52 metres south-east of the access to Nottingham South and Wilford Industrial Estate.
Work No.14D	A new footpath 515 metres in length commencing at Ruddington Lane and running alongside Work No.14 under Clifton Boulevard, turning west and terminating on The Downs to the south-west of property No. 113.
Work No.14E	Diversion of an existing water main 184 metres in length commencing at a point 25 metres north-west of the Ruddington Lane and Landmere Lane junction, and terminating at a point 7 metres south-east of property No. 77 The Downs.
In the City of Nottingham
Work No.15	A tramroad 687 metres in length (double line), commencing at the termination of Work No.14 and running west across open land, terminating at Farnborough Road. This work also includes new bridge works over Fairham Brook (overall length 63 metres with 20 metre span clearances) on which the tramroad will be supported.
Work No.15A	A new footpath 313 metres in length commencing at a point on Work No.14D (chainage 478 metres), crossing Fairham Brook adjacent to Work No.15 and terminating at Silverdale Walk.
Work No.16	A tramway 1,328 metres in length (double line), commencing at the termination of Work No.15 and running within the carriageway of Farnborough Road and Southchurch Drive and terminating adjacent to The Peacock Public House at a point 50 metres south of the Southchurch Drive and Green Lane junction.
Work No.16A	A new access road 61 metres in length between Farnborough Road (north) and Southchurch Drive to provide access to Saint Francis Church between Farnborough Road (north) and Southchurch Drive.
Work No.16B	A new access road 189 metres in length between Farnborough Road (north) and Clifton Community Centre.
Work No.16C	A new cycleway 622 metres in length commencing 29 metres south-west of Rivergreen, running to the east of Southchurch Drive and terminating at Green Lane.
Work No.17	A tramway/tramroad 1,331 metres in length (double line), commencing at the termination of Work No.16 and running south within the carriageway of Southchurch Drive, turning west to run within the carriageway of Farnborough Road and then across open land to terminate at a point 76 metres west of Nottingham Road.
Work No.17A	A new footpath/cycle track 83 metres in length between Nottingham Road and the Clifton Park and Ride site to the west of Nottingham Road.
Work No.17B	A new footpath 27 metres in length between an existing footpath from Barbury Drive and Nottingham Road.
In the County of Nottinghamshire
Work No.18	A tramroad 110 metres in length (double line), commencing at the termination of Work No.17, running through the Clifton NET Park and Ride site and terminating at a point 130 metres west of Nottingham Road.
Work No.18A	A new footpath/cycle track 121 metres in length between Nottingham Road and the Clifton NET Park and Ride site (Work No.18).
Work No.18B	A new highway 540 metres in length between the Clifton NET Park and Ride site (Work No.18) and the A453 Barton Lane to provide access between the Clifton Park and Ride site and the A453 Barton Lane.

SCHEDULE 2 — ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED

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