SCHEDULES

Article 3(1)(b)

SCHEDULE 1ADDITIONAL LANDS WHICH MAY BE ACQUIRED

Article 6(3)

SCHEDULE 2MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without prejudice to the generality of paragraph 1 above, the Land Compensation Act 1973(1) shall have effect subject to the modifications set out in sub-paragraphs (2) and (3) below.

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4 below—

(a)for the words “land is acquired or taken” there shall be substituted the words “a right over land is purchased”, and

(b)for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.

(3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5 below—

(a)for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over land consisting”,

(b)for the word “severance” there shall be substituted the words “right on the whole of the house, building or manufactory or of the house and the park or garden”,

(c)for the words “part proposed” there shall be substituted the words “right proposed”, and

(d)for the words “part is” there shall be substituted the words “right is”.

Adaptation of the 1965 Act

3.—(1) The 1965 Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a)the right acquired or to be acquired; or

(b)the land over which the right is or is to be exercisable.

(2) Without prejudice to the generality of sub-paragraph (1) above, Part I of the 1965 Act shall apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4.  For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section—

“7.  In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”.

5.  For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the following—

“8.—(1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—

(a)a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal (“the tribunal”), and

(b)before the tribunal has determined that question the person satisfies the tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and—

(i)where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land, or

(ii)where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,

the Leeds Supertram (Land Acquisition and Road Works) Order 2001 (“the Order”) shall, in relation to that person cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section shall be determined by the tribunal.

(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest of land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.”.

6.  The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a)section 9(4) (failure by owners to convey),

(b)paragraph 10(3) of Schedule 1 (owners under incapacity),

(c)paragraph 2(3) of Schedule 2 (absent and untraced owners), and

(d)paragraphs 2(3) and 7(2) of Schedule 4 (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

7.  Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.

8.  Section 20 of the 1965 Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9.  Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

Article 9

SCHEDULE 3LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Article 17

SCHEDULE 4LEVEL CROSSINGS

Further highways in the City to be crossed on the level—

• Bowman Lane (as realigned pursuant to Work No. 2A authorised by the 1993 Act) Armouries Drive.

• Central Reserve Crossing of Ring Road Middleton between Hopewell View and Lingwell Avenue.

• Central Reserve Crossing of Middleton Park Road west of Lingwell Road.

• Proposed new footpath at Thorpe Lane 225 metres west of Thorpe Garth.

• Proposed new footpath at Thorpe Lane 95 metres west of footpath No. 69.

Article 23

SCHEDULE 5FOR PROTECTION OF RAILTRACK

1.  The following provisions of this Schedule shall, unless otherwise agreed in writing between the Executive and Railtrack, have effect.

2.  In this Schedule—

• “construction” includes placing, alteration and renewal;

• “the engineer” means an engineer to be appointed by Railtrack;

• “plans” includes sections, drawings, specifications, particulars and descriptions (including descriptions of methods of construction), staging proposals and programmes;

• “protective works” means any such works as are mentioned in paragraph 8(a) below;

• “Railtrack” means Railtrack PLC and any associated company of Railtrack PLC which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 736 of the Companies Act 1985(2)) the holding company of Railtrack PLC, a subsidiary of Railtrack PLC or another subsidiary of the holding company of Railtrack PLC;

• “railway property” means any railway of Railtrack and any works connected therewith for the maintenance or operation of which Railtrack are responsible, and includes any lands held or used by Railtrack for the purposes of such railway or works;

• “the specified works” means so much of the authorised works as may be situated upon, across, under or over or within 15 metres of, or may in any way affect, railway property.

3.  The Executive shall not under the powers of this Order acquire compulsorily any relevant railway property, save that subject to paragraph 5 below they may acquire such easements or other rights in or over any relevant railway property which is shown on the land plans as they may reasonably require for the purposes of the specified works; and for this purpose “relevant railway property” means any railway property acquired by Railtrack before 10th June 1998 which is not specified in clause 10(5)(b) of the agreement referred to in paragraph 1(1)(c) of Schedule 6.

4.  Article 5 of this Order shall not apply in relation to the acquisition of, or the acquisition of any easement or other right in or over, any railway property.

5.  The Executive shall not under the powers of this Order, without the consent of Railtrack, enter upon or use (whether temporarily or permanently) or acquire any new easement or right pursuant to paragraph 3 above in—

(a)so much of the land in the City shown numbered 60 on the land plans as lies east of Wakefield Road;

(b)so much of the land in the City shown numbered 65 on the land plans as lies adjacent to Valley Farm Road on its north-western side; and

(c)the land in the City shown numbered 67 on the land plans.

6.—(1) The Executive shall, before commencing the construction of the specified works, supply to Railtrack proper and sufficient plans thereof for the approval of the engineer and shall not commence the specified works until plans thereof have been approved in writing by the engineer or settled by arbitration.

(2) Approval of plans supplied under this paragraph shall not be unreasonably withheld and, if within 56 days after such plans have been supplied to Railtrack the engineer shall not have notified his disapproval thereof and the grounds of his disapproval, he shall be deemed to have approved the plans as supplied.

7.—(1) If, within 56 days after such plans have been supplied to Railtrack, Railtrack give notice to the Executive that Railtrack desire themselves to construct any part of the specified works which, in the opinion of the engineer, will or may affect the stability of railway property or the safe operation of traffic on the railways of Railtrack, then, if the Executive desire such part of the specified works to be constructed, Railtrack shall construct it with all reasonable dispatch on behalf of, and to the reasonable satisfaction of, the Executive in accordance with the plans approved or deemed to be approved or settled as aforesaid.

(2) Sub-paragraph (1) shall not apply where the only reason why the specified works (or the part of the specified works in question) may affect railway property is that the works or the operation of the works may cause interference with electrical or electronic apparatus or equipment forming part, or used in connection with, railway property.

8.  The engineer may approve the plans subject to—

(a)such reasonable conditions that—

(i)before the construction of the specified works; or

(ii)before the operation of the specified works (including any operation of the specified works for testing purposes); or

(iii)in conjunction with the construction of the specified works,

there shall be carried out temporary or permanent protective works specified in the conditions, being works not comprising alterations or additions to railway property falling within paragraph 15 below and which are reasonably required for the safe or convenient operation of Railtrack’s railway undertaking;

(b)where such protective works are specified, reasonable conditions that the protective works (so far as not intended to form part of the Executive’s railway) be carried out by Railtrack; and

(c)reasonable conditions as to the timing of the bringing into operation of the specified works so far as related to the carrying out of alterations and additions under paragraph 15 below.

9.  Unless within 56 days after receipt by the Executive of approval of plans subject to any such conditions, the Executive gives notice in writing that the conditions or any of them are not reasonable (in which case the matter shall be referred to arbitration in accordance with paragraph 21 below), any protective works specified in the conditions shall be carried out in accordance with those conditions.

10.  Where a matter is referred to arbitration as mentioned in paragraph 9 above and the arbitrator determines that the approval of the plans of the specified works shall be subject to conditions relating to the carrying out of protective works specified in the conditions, the protective works so specified shall be carried out in accordance with those conditions.

11.  The Executive shall give to Railtrack not more than six months' and not less than 28 days' notice in writing of their intention to commence the construction of any of the specified works and, except in case of emergency (when they shall give such notice as may be reasonably practicable), of their intention to carry out any works for the repair or maintenance of the specified works in so far as such works of repair or maintenance affect or interfere with railway property.

12.—(1) The construction of the specified works shall, when commenced, be carried out—

(a)with all reasonable dispatch in accordance with the plans approved, or deemed to be approved or settled as aforesaid and in accordance with any conditions under paragraphs 8 or 10 above subject to which such approval has been given, whether imposed by Railtrack or by an arbitrator;

(b)under the supervision (if given), and to the reasonable satisfaction, of the engineer;

(c)in such manner as to cause as little damage as may be to railway property; and

(d)so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe user of any railway of Railtrack or the traffic thereon and the use by passengers of railway property;

and, if any damage to railway property or any such interference or obstruction shall be caused or take place in consequence of the construction of the specified works, the Executive shall, notwithstanding any such approval as aforesaid, make good such damage and shall pay to Railtrack all reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any such damage, interference or obstruction.

(2) Nothing in sub-paragraph (1) shall impose any liability on the Executive with respect to any damage, cost, expense or loss which is attributable to the neglect or default of Railtrack or their servants or agents.

13.  The Executive shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and supply him with all such information as he may reasonably require with regard to the specified works or the method of construction thereof.

14.  Railtrack shall at all times afford reasonable facilities to the Executive and their agents for access to any works carried out by Railtrack under this Schedule during their construction, and shall supply the Executive with such information as they may reasonably require with regard to such works or the method of construction thereof.

15.—(1) If any alterations or additions, whether permanent or temporary, to railway property shall be shown upon approval of plans under paragraph 8 above to be reasonably necessary or become reasonably necessary during the construction of the specified works or during a period of 12 months after the completion thereof for the safe or convenient operation of Railtrack’s railway network in consequence of the construction or operation of the specified works, and Railtrack give to the Executive reasonable notice of their intention specifying the alterations or additions to be carried out, the Executive shall pay to Railtrack the reasonable cost thereof including, in respect of any permanent alterations and additions, a capitalised sum representing the increase in the costs which may be expected to be reasonably incurred by Railtrack in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving shall be set off against any sum payable by the Executive to Railtrack under this Schedule.

16.  The Executive shall repay to Railtrack all costs, charges and expenses reasonably incurred by Railtrack—

(a)in constructing any part of the specified works on behalf of the Executive as provided by paragraph 7 above or in constructing any protective works pursuant to conditions imposed under paragraph 8 or 10 above including, in respect of any permanent protective works, a capitalised sum representing the costs which may be expected to be reasonably incurred by Railtrack in maintaining and renewing such works;

(b)in respect of the employment of any inspectors, signalmen, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing interference, obstruction, danger or accident arising from the construction, maintenance, repair or failure of the specified works;

(c)in respect of any special traffic working resulting from any speed restrictions which are necessary as a result of the construction, repair or failure of the specified works or from the substitution, suspension or diversion of services which may be necessary for the same reason;

(d)in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary as a result of the specified works or the failure thereof;

(e)in respect of the approval by the engineer of plans submitted by the Executive and the supervision by him of the construction of the specified works.

17.  If at any time after the completion of the specified works Railtrack shall give notice to the Executive that the state of repair of the specified works prejudicially affects railway property, the Executive shall take such steps as may be reasonably necessary to avoid the prejudicial effect on railway property.

18.  Before providing any illumination or illuminated traffic sign on or in connection with the specified works in the vicinity of any railway of Railtrack, the Executive shall consult Railtrack and comply, subject to the approval of the Secretary of State, with Railtrack’s reasonable requirements in regard thereto with a view to ensuring that such illumination or illuminated sign will not be confused with any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

19.—(1) The Executive shall be responsible for, and make good to Railtrack, all costs, charges, damages and expenses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by, Railtrack—

(a)by reason of the construction, maintenance or repair of the specified works or the failure thereof; or

(b)by reason of any act or omission of the Executive, or of any person in their employ, or of their contractors or others whilst engaged upon the construction or repair of the specified works;

and the Executive shall indemnify Railtrack from and against all claims and demands arising out of or in connection with the construction, maintenance or repair of the specified works or any such failure, act or omission as aforesaid, and the fact that any act or thing may have been done by Railtrack on behalf of the Executive under the provisions of this Order, or in accordance with plans approved by the engineer, or in accordance with any requirement of the engineer or under his supervision, shall not (if it was not attributable to the neglect or default of Railtrack or of any person in their employ, or of their contractors or agents) excuse the Executive from any liability under the provisions of this Schedule.

(2) Railtrack shall give to the Executive reasonable notice of any claim or demand mentioned in sub-paragraph (1) and no settlement or compromise thereof shall be made without the prior consent of the Executive.

20.—(1) The sum payable under paragraph 19 above shall include an amount equivalent to the relevant costs.

(2) Subject to the terms of any agreement between Railtrack and a relevant train operator regarding the terms of payment of the relevant costs of that train operator, Railtrack shall promptly pay to each relevant train operator the amount of any compensation which Railtrack receives by virtue of this paragraph which relates to the relevant costs of that train operator.

(3) In this paragraph—

“the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each relevant train operator as a consequence of any restriction in the use of Railtrack’s railway network as a result of the construction, maintenance, repair or failure of the specified works or any such failure, act or omission as is mentioned in paragraph 19 above; and

“relevant train operator” means any person who is authorised by a licence under section 8 of the Railways Act 1993 to act as the operator of a train on any part of a railway network in which the specified works are situated.

(4) The obligation under this paragraph to pay Railtrack the relevant costs shall in the event of default be enforceable directly by the relevant train operator concerned.

21.  Any difference arising between the Executive and Railtrack under this Schedule (other than a difference as to its meaning or construction) shall be referred to and settled by arbitration.

Article 24

SCHEDULE 6AGREEMENTS AND UNDERTAKINGS CONNECTED WITH THE 1993 ACT

General

1.—(1) Subject to the provisions of this Schedule, the following undertakings or agreements entered into in connection with the Bill for the 1993 Act shall so far as relevant and the circumstances permit apply to the powers conferred by this Order as they apply to the powers conferred by that Act—

(a)the undertaking dated 9th July 1992 entered into between the Executive and the Post Office;

(b)the agreement dated 19th February 1993 entered into between the Executive, the Council and Yorkshire Chemicals plc;

(c)the agreement dated 4th May 1993 entered into between the Executive and the British Railways Board;

(d)the agreement dated 10th May 1993 entered into between the Executive, the Council and the British Waterways Board;

(e)the agreement dated 4th May 1993 entered into between the Executive, the Council and Leeds Development Corporation;

(f)the undertaking dated 4th May 1993 entered into between the Executive and National Westminster Bank plc;

(g)the undertaking dated 10th May 1993 entered into between the Executive and Ind Coope (Oxford and West) Limited and Joshua Tetley and Son Limited.

(2) In the application of any of those undertakings and agreements to the powers of this Order, so far as the context permits references in them to “the intended Act” (or “the Intended Act”) shall be treated as including reference to this Order and references to “the deposited plans” as including reference to the land plans.

British Railways Board

2.—(1) In this paragraph, “the agreement” means the agreement referred to in paragraph 1(1)(c) above.

(2) In the application of the agreement to the powers conferred by this Order—

(a)any reference to the British Railways Board shall include a reference to Railtrack (as defined in paragraph 2 of Schedule 5 above); and

(b)clause 4(2) of the agreement shall have effect so as (unless otherwise agreed) to require the notices to treat there mentioned to be served within the period of 5 years beginning with the day on which this Order comes into force.

British Waterways Board

3.—(1) In this paragraph, “the agreement” means the agreement referred to in paragraph 1(1)(d) above.

(2) Clause 7(1)(a) (and so far as relating thereto clause 7(4)) of the agreement shall cease to have effect, provided that Work No. 1 authorised by article 13(1) above is constructed with two lanes for vehicular traffic with footways on either side of the carriageway and with a means of access to those lanes at or about point A on drawing FAS/990483/1B attached to the agreement.

(3) Clause 7(5) of the agreement shall apply to the said Work No. 1.

(4) The power conferred by article 6 above includes power to acquire any such easement or right as is referred to in clause 8(1)(a) of the agreement.

(5) In the application of the agreement to the powers conferred by this Order—

(a)the reference in clause 8(1) to the passing of the intended Act shall be treated as a reference to the coming into force of this Order;

(b)clause 15(1) to (3) of the agreement (and so far as relating to those provisions, clause 15(4) of the agreement) shall apply to the works authorised by this Order as it applies to the specified works referred to in the agreement, treating references to section 23 of the 1993 Act as including reference to article 18 above.

Leeds Development Corporation

4.—(1) In this paragraph, “the agreement” means the agreement referred to in paragraph 1(1)(e) above.

(2) Paragraph 1 of this Schedule and sub-paragraph (3) of this paragraph apply insofar as there are any such successors in title to or assigns of the Leeds Development Corporation as are referred to in the definition of “the Corporation” in clause 1(1) of the agreement entitled to enforce the agreement.

(3) Clause 3(2)(a) and (5) of the agreement shall cease to have effect, provided that Work No. 1 authorised by article 13(1) above is constructed with two lanes for vehicular traffic with footways on either side of the carriageway and with a means of access to the two lanes at or about point A on drawing FAS/990483/1B attached to the agreement.