The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002

Principal powers

Power to construct works

4.—(1) The undertaker may construct and maintain the scheduled works.

(2) Subject to article 5, the scheduled works may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.

(3) Subject to paragraph (6), the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely—

(a)works required for the strengthening, improvement, repair or reconstruction of any street;

(b)works required for, or in connection with the control of, any vehicular and pedestrian traffic;

(c)works for the strengthening, alteration or demolition of any building or structure;

(d)works to alter the position of any street furniture or apparatus, including mains, sewers, drains and cables and lights;

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

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

(g)facilities and works for the benefit or protection of land or premises affected by the authorised works.

(4) Subject to paragraph (6), the undertaker may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.

(5) The undertaker may remove any works constructed by it pursuant to this Order which have been constructed as temporary works or which it no longer requires.

(6) Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works within the limits of deviation shown on the works plans.

Power to deviate

5.—(1) In constructing or maintaining the scheduled works, the undertaker may—

(a)deviate laterally from the lines or situations shown on the works plans within the limits of deviation relating to that work shown on those plans; and

(b)deviate vertically from the levels shown on the deposited sections—

(i)to any extent not exceeding 3 metres upwards; and

(ii)to any extent downwards.

(2) The undertaker may, in constructing and maintaining the scheduled works, provide within the limits of deviation for those works such number of lines of rails and sidings as may be necessary or expedient.

Designation of works

6.—(1) Notwithstanding anything in the description of scheduled works contained in Schedule 1 to this Order, the whole or any part of a scheduled work may be constructed within the limits of deviation for that work either along a street as a street tramway or off-street as a tramroad and shall be treated for the purposes of this Order as if it were so designated.

(2) Where, by means of the creation or extinction of rights of way, any part of the scheduled works which has been constructed as a tramroad becomes a street tramway or any part which has been constructed as a street tramway becomes a tramroad, it shall be treated for the purposes of this Order as if it were so designated.