PART 2Works Provisions
Principal powers
Power to construct and maintain works5
1
Merseytravel may construct and maintain the scheduled works.
2
Subject to article 6, the scheduled works may only be constructed in the lines or situations shown on the works and land plans and in accordance with the levels shown on the sections.
3
Subject to paragraph (7), Merseytravel 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
stations, platforms, junctions and stopping places;
b
works required for, or in connection with, the control of any vehicular and pedestrian traffic on the authorised tram system;
c
works required for the strengthening, improvement, repair or reconstruction of any street;
d
works for the strengthening, alteration or demolition of any building or structure;
e
works to alter the position of any street furniture or apparatus, including mains, sewers, drains, pipes, cables and lights;
f
works to alter the course of, or otherwise interfere with rivers, streams or watercourses;
g
landscaping, ecological and other works to mitigate any adverse effects of the construction, maintenance or operation of the other authorised works; and
h
facilities and works for the benefit or protection of land or premises affected by the other authorised works.
4
Subject to paragraph (7), Merseytravel 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
Merseytravel 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
Where Merseytravel lays down conduits for the accommodation of cables or other apparatus for the purposes of or associated with the authorised works it may provide in, or in connection with, such conduits, accommodation for the apparatus of any other person, and manholes and other facilities for access to such accommodation, and may permit the use of such conduits and facilities on such terms and conditions as may be agreed between it and such other person.
7
Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works—
a
within the Order limits; and
b
within the boundaries of any street along which the construction of a street tramway is shown on the works and land plans, or which has a junction with such a street.
8
The powers of this article shall not be exercised within the boundaries of a street outside of the Order limits which has a junction with a street along which the construction of a street tramway is shown on the works and land plans without the consent of the street authority but such consent shall not be unreasonably withheld.
Power to deviate6
1
In constructing or maintaining any of the scheduled works, Merseytravel may—
a
deviate laterally from the lines or situations shown on the works and land plans within the Order limits relating to that work shown on those plans; and
b
deviate vertically from the levels shown on the sections—
i
to any extent not exceeding 3 metres upwards; and
ii
to any extent downwards as may be necessary or expedient.
2
In constructing or maintaining any work or part of a work shown on the works and land plans as being situated in a street and for which no limits of deviation are shown on those plans, Merseytravel may deviate laterally within the boundaries of that street.
3
Merseytravel may in constructing or maintaining any of the authorised street tramways lay down—
a
double lines of rails in lieu of single lines;
b
single lines of rails in lieu of double lines;
c
interlacing lines of rails in lieu of double or single lines; or
d
double or single lines of rails in lieu of interlacing lines.
4
The power in paragraph (3) shall not be exercised in the case of any authorised street tramway without the consent of the street authority, but such consent shall not be unreasonably withheld.
5
Merseytravel may in constructing or maintaining any of the authorised street tramways lay down such number of switches and crossings as may be necessary or expedient.
6
Merseytravel may in constructing and maintaining any of the authorised tramroads provide within the limits of deviation for those tramroads such number of lines of rails and sidings, switchings and crossings as may be necessary or expedient.
7
Without prejudice to the generality of paragraph (1)—
a
in constructing and maintaining Work No. 1 Merseytravel may, to the extent it thinks fit, deviate from the design of the bridges shown on the sections, including by varying the number of any supporting columns or other structures, the distances between them and the height or clearance above the level of the water underneath the bridges; and
b
in constructing and maintaining the scheduled works Merseytravel may, to the extent it thinks fit, deviate laterally from their points of commencement and termination shown on the works and land plans.
Designation of works7
1
Notwithstanding anything in the description of the scheduled works contained in Schedule 1 to this Order—
a
the whole or any part of an authorised street tramway may be constructed within the limits of deviation for that work off-street as a tramroad, and so far as it is so constructed shall be treated for the purposes of this Order as if it were so designated; and
b
the whole or any part of an authorised tramroad may be constructed within the limits of deviation for that work along a street as a street tramway, and so far as it is constructed shall be treated for the purposes of this Order as if it were so designated.
2
Where, by means of the creation or extinguishment of rights of way, any part of the authorised tram system which has been constructed as a tramroad becomes a street tramway, or any part which was constructed as a street tramway becomes a tramroad, it shall be treated for the purposes of this Order as if it were so designated.
Streets
Power to alter layout, etc., of streets8
1
Merseytravel may alter the layout of, and carry out other ancillary works in, any street specified in column (1) of Schedule 4 to this Order in the manner specified in relation to that street in column (2) of that Schedule.
2
Without prejudice to the specific powers conferred by article 5 or paragraph (1) but subject to paragraph (3), Merseytravel may for the purpose of constructing, maintaining or using any authorised street tramway alter the layout of the street along which the street tramway is or is to be laid and the layout of any street having a junction with such a street; and, without prejudice to the generality of the foregoing, Merseytravel may—
a
increase the width of the carriageway of the street by reducing the width of any kerb, footway, cycle track or verge within the street;
b
alter the level or increase the width of any such kerb, footway, cycle track or verge;
c
reduce the width of the carriageway of the street by forming a reserved area in the street as a stopping place for tramcars or by carrying out other works for that purpose;
d
carry out works for the provision or alteration of parking places and bus laybys;
e
carry out traffic calming works which are of a description prescribed in the Highways (Traffic Calming) Regulations 199918 and which are carried out in compliance with those Regulations;
f
carry out works to the carriageway of the street for the purpose of deterring or preventing vehicles other than tramcars from passing along the tram system; and
g
make and maintain crossovers, sidings or passing places.
3
The powers in paragraph (2) shall not be exercised without the consent of the street authority, but such consent shall not be unreasonably withheld.
Power to keep apparatus in streets9
1
Merseytravel may, for the purposes of or in connection with the construction, maintenance and use of the authorised tram system, place and maintain in any street in which the tram system is or is to be laid and in any street having a junction with such a street any work, equipment or apparatus including, without prejudice to the generality of the foregoing, foundations, platforms, road islands, substations, electric lines and any electrical or other apparatus.
2
The powers of this article shall not be exercised within the boundaries of a street outside of the Order limits which has a junction with a street along which the construction of a street tramway is shown on the works and land plans without the consent of the street authority but such consent shall not be unreasonably withheld.
3
In this article—
a
“apparatus” has the same meaning as in Part III of the 1991 Act; and
b
the reference to any work, equipment, apparatus or other thing in a street includes a reference to any work, equipment, apparatus or other thing under, over, along or upon the street.
Power to execute street works10
1
Merseytravel may, for the purpose of exercising the powers conferred by article 9 or any other provision of this Order, enter upon any street in which the authorised tram system is or is to be laid and any street having a junction with such a street and may execute any works required for or incidental to the exercise of those powers including, without prejudice to the generality of the foregoing, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street.
2
The powers of this article shall not be exercised within the boundaries of a street outside of the Order limits which has a junction with a street along which the construction of a street tramway is shown on the works and land plans without the consent of the street authority, but such consent shall not be unreasonably withheld.
Stopping up of streets and extinguishment of rights11
1
Subject to the provisions of this article Merseytravel may, in connection with the construction of the authorised works, stop up each of the streets specified in column (1) of Parts 1 and 2 of Schedule 5 to this Order to the extent specified, by reference to the letters and numbers shown on the works and land plans, in column (2) of Parts 1 and 2 of that Schedule.
2
No street specified in column (1) of Part 1 of Schedule 5 to this Order (being a street to be stopped up for which a substitute is to be provided) shall be wholly or partly stopped up under this article unless either—
a
the new street to be substituted for it, and which is specified in relation to it by reference to one of the scheduled works or other works in column (3) of that Part of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or
b
a temporary alternative route is first provided and thereafter maintained by Merseytravel to the reasonable satisfaction of the street authority between the commencement and termination points of the street to be stopped up, until completion of the new street in accordance with sub-paragraph (a).
3
No street specified in columns (1) and (2) of Part 2 of Schedule 5 to this Order (being a street to be stopped up for which no substitute is to be provided) shall be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the relevant land; and for this purpose “relevant land” means any land which abuts on either side of the street to be stopped up.
4
The condition referred to in paragraph (3) is that—
a
Merseytravel is in possession of the land; or
b
there is no right of access to the land from the street concerned; or
c
there is reasonably convenient access to the land otherwise than from the street concerned; or
d
the owners and occupiers of the land have agreed to the stopping up.
5
Where a street has been stopped up under this article—
a
all rights of way over or along it shall be extinguished; and
b
Merseytravel may appropriate and use for the purposes of the authorised tram system so much of the site of the street as is bounded on both sides by land owned or appropriated by Merseytravel.
6
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to be paid compensation by Merseytravel to be determined, in case of dispute, under Part I of the 1961 Act.
7
This article is subject to paragraph 2 of Schedule 11 to this Order.
Temporary stopping up of streets12
1
Merseytravel may, during and for the purposes of the execution of the authorised works, temporarily stop up, alter or divert any street and may for any reasonable time—
a
divert the traffic from the street; and
b
subject to paragraph (3), prevent all persons from passing along the street.
2
Without prejudice to the generality of paragraph (1), Merseytravel may use any street stopped up under the powers of this article as a temporary working site.
3
Merseytravel shall provide at all times reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.
4
Without prejudice to the generality of paragraph (1), Merseytravel may exercise the powers of this article in relation to the streets specified in column (1) of Schedule 5 to this Order to the extent specified, by reference to the letters and numbers shown on the works and land plans and set out in column (2) of that Schedule, and in relation to the streets specified in Schedule 6 to this Order.
5
Merseytravel shall not exercise the powers of this article—
a
in relation to any street specified as mentioned in paragraph (4) that is not a highway, without first consulting the street authority; and
b
in relation to any other street without the consent of the street authority, but such consent shall not be unreasonably withheld.
Access to works13
Merseytravel may, for the purposes of the construction or operation of the scheduled works, form and lay out such means of access or improve such existing means of access, to any street in which the authorised tram system is or is to be laid or any street having a junction with such a street, as may be approved by the highway authority, but such approval shall not be unreasonably withheld.
Construction and maintenance of new, altered or diverted streets14
1
Any street to be constructed under this Order shall be completed to the reasonable satisfaction of the highway authority and shall, unless otherwise agreed between Merseytravel and the highway authority, be maintained by and at the expense of Merseytravel for a period of 18 months from its completion and at the expiry of that period by and at the expense of the highway authority.
2
Where a street is altered or diverted under this Order, the altered or diverted part of the street shall, when completed to the reasonable satisfaction of the street authority, unless otherwise agreed, be maintained by and at the expense of Merseytravel for a period of 18 months from its completion and at the expiry of that period by and at the expense of the street authority.
3
Paragraphs (1) and (2) do not apply in relation to the structure of any bridge or tunnel carrying a street over a tramroad or carrying a tramroad over a street and except as provided in those paragraphs Merseytravel shall not be liable to maintain the surface of any street in, on, under or over which the scheduled works shall be constructed, or the immediate approaches to any such street, unless otherwise agreed with the street authority.
4
In any action against Merseytravel in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that Merseytravel had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.
5
For the purposes of a defence under paragraph (4), the court shall in particular have regard to the following matters—
a
the character of the street including its use for a tramway, and the traffic which was reasonably to be expected to use it;
b
the standard of maintenance appropriate for a street of that character and used by such traffic;
c
the state of repair in which a reasonable person would have expected to find the street;
d
whether Merseytravel knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and
e
where Merseytravel could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed;
but for the purposes of such a defence it is not relevant that Merseytravel had arranged for a competent person to carry out or supervise the maintenance of that part of the street to which the action relates unless it is also proved that Merseytravel had given him proper instructions with regard to the maintenance of the street and that he had carried out those instructions.
Construction of bridges and tunnels15
Any bridge or tunnel to be constructed under this Order for carrying a highway over any authorised tramway or any authorised tramway over a highway shall be constructed in accordance with plans and specifications approved by the highway authority, but such approval shall not be unreasonably withheld.
Restoration of streets if street tramway discontinued16
If Merseytravel abandons the construction of, or permanently ceases to operate any of the authorised street tramways (“the discontinued tramway”), it shall as soon as reasonably practicable and unless otherwise agreed with the street authority—
a
remove from any street in which the discontinued tramway is laid the rails and any other works, equipment and apparatus which have become redundant; and
b
restore, to the reasonable satisfaction of the street authority, the portion of the street along which the discontinued tramway was laid regard being had to the condition of the street before the tramway was laid.
Agreements with street authorities17
1
A street authority and Merseytravel may enter into agreements with respect to—
a
the construction of any new street (including any structure carrying the street over or under any authorised street tramway or authorised tramroad) under the powers conferred by this Order;
b
the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order;
c
the maintenance of any street along or across which a street tramway is laid, or of the structure of any bridge or tunnel carrying a street over or under any authorised street tramway or authorised tramroad;
d
any stopping up, alteration or diversion of a street under the powers conferred by this Order; or
e
the execution in the street of any of the works referred to in article 10.
2
Such an agreement may, without prejudice to the generality of paragraph (1)—
a
provide for the street authority to carry out any function under this Order which relates to the street in question; and
b
contain such terms as to payment and otherwise as the parties consider appropriate.
New road crossings18
1
Where by virtue of the creation of a highway or other road after the day on which application was made for this Order under section 6 of the 1992 Act, any authorised tramroad would cross that highway or road, then Merseytravel may construct the tramroad so as to carry it on the level across the highway or road.
2
Merseytravel may provide, maintain and operate at or near any new road crossing such protective equipment as the Health and Safety Executive may in writing approve.
3
Any traffic sign placed pursuant to this article on or near a highway or other road to which the public has access shall be treated for the purposes of section 64(4) of the 1984 Act as having been placed as provided by that Act.
4
Without prejudice to the generality of article 8, Merseytravel may in the exercise of the powers of this article alter the level of any highway or road referred to in paragraph (1).
5
The highway authority may enter into agreements with Merseytravel with respect to the construction and maintenance of any new road crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
6
In this article—
“new road crossing” means the place at which an authorised tramroad crosses a highway or other road on the level under the powers conferred by this article; and
“protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the 1984 Act), manual, mechanical, automatic, electrical or telephonic equipment or other devices.
Supplemental powers
Attachment of equipment to buildings19
1
Subject to the following provisions of this article, Merseytravel may affix to any building for the time being constructed on any land mentioned in Part 1 of the book of reference, and any building (or replacement of that building) mentioned in Part 2 of the book of reference—
a
any brackets, cables, wires, insulators and other apparatus required in connection with the authorised tram system; and
b
any lamps, brackets, pipes, electric lines and other apparatus required for the provision of additional or substitute street lighting in consequence of the construction of the authorised tram system.
2
Paragraphs (3) to (5) and (8) do not apply to any building for the time being constructed on any land referred to in Schedule 8 to this Order.
3
Merseytravel shall not under this article affix any apparatus to a building without the written consent of the relevant owner of the building; and such consent may be given subject to reasonable conditions (including, where appropriate, the payment of rent) but shall not be unreasonably withheld.
4
Where—
a
Merseytravel serves on the relevant owner of a building a notice requesting the owner’s consent to the affixing of specified apparatus to the building; and
b
the relevant owner does not within the period of 56 days beginning with the date upon which the notice is served give his consent unconditionally or give it subject to conditions or refuse it;
the consent shall be deemed to have been withheld.
5
Where, in the opinion of Merseytravel, a consent required under this article for the affixing of specified apparatus is unreasonably withheld or given subject to unreasonable conditions, it may apply to the magistrates' court, who may either allow the apparatus to be affixed subject to such conditions, if any, as it thinks fit or may disallow the application.
6
Where apparatus is affixed to a building under this article—
a
any owner for the time being of the building may serve on Merseytravel not less than 56 days' notice requiring Merseytravel at its own expense temporarily to remove the apparatus during any demolition, reconstruction or repair of the building if such removal is reasonably necessary for that purpose; and
b
Merseytravel shall have the right as against any person having an interest in the building to use and maintain the apparatus.
7
Where, in the opinion of Merseytravel, a requirement temporarily to remove any apparatus affixed to a building under this article during any reconstruction, demolition or repair of the building is not reasonably necessary for that purpose, Merseytravel may refer the matter to an arbitrator under article 77, who may either allow the apparatus to be temporarily removed or may order that it shall not be temporarily removed.
8
Merseytravel shall pay compensation to the owners and occupiers of the building for any loss or damage sustained by them by reason of the exercise of the powers conferred by paragraphs (1) and (6)(b); and any dispute as to a person’s entitlement to compensation, or as to the amount of the compensation, shall be determined under Part I of the 1961 Act.
9
In this article—
“building” includes any structure and a bridge or aqueduct over the street; and
“relevant owner”—
- a
in relation to a building occupied under a lease or tenancy having an unexpired term exceeding 5 years, means that occupier of the building; or
- b
in relation to any other building, means the person for the time being receiving the rack rent of the building whether on his own account or as agent or trustee for any other person, or who would so receive it if the building were let at a rack rent.
- a
Temporary closure of part of Canning Dock, Duke’s Dock, Wapping Basin and Salthouse Dock20
1
In this article “the waterways” means those parts of Canning Dock, Duke’s Dock, Wapping Basin and Salthouse Dock that lie within the Order limits.
2
Merseytravel may, during and for the purpose of the construction of the authorised works, temporarily close and de-water all or any part of the waterways and divert barges and other boats from all or any part of the waterways.
3
During the period of the closure referred to in paragraph (2), all rights of navigation along, and any obligations of the British Waterways Board to maintain for navigation, the waterways or part thereof so closed shall be suspended and unenforceable against the British Waterways Board.
4
Any person who suffers loss by the suspension of any right under this article shall be entitled to be paid compensation by Merseytravel, to be determined in the case of dispute by the tribunal.
Discharge of water21
1
Merseytravel may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction, operation or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits or in any street along which any authorised street tramway is authorised to be laid, make openings into, and connections with, the watercourse, sewer or drain.
2
Merseytravel shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
3
Merseytravel shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
4
Merseytravel shall not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.
5
Merseytravel shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
6
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 199119.
7
In this article—
a
“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority, or a harbour authority within the meaning of the Harbours Act 196420;
b
“watercourse” includes all docks, rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except a public sewer or drain; and
c
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
Safeguarding works to buildings22
1
Subject to the following provisions of this article, Merseytravel may at its own expense and from time to time carry out such safeguarding works to any building lying within the Order limits as Merseytravel considers to be necessary or expedient.
2
Safeguarding works may be carried out—
a
at any time before or during the construction, in the vicinity of the building, of any part of the authorised works (other than works authorised by this article); or
b
after the completion of the construction of that part of the authorised works (other than works authorised by this article), at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.
3
For the purpose of determining how the functions under this article are to be exercised Merseytravel may enter and survey any building falling within paragraph (1) and any land belonging to it.
4
For the purpose of carrying out safeguarding works under this article to a building Merseytravel may (subject to paragraphs (5) and (6))—
a
enter the building and any land belonging to it; and
b
where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land (but not any building erected on it).
5
Before exercising—
a
a right under paragraph (1) to carry out safeguarding works to a building;
b
a right under paragraph (3) to enter a building and any land belonging to it;
c
a right under paragraph (4)(a) to enter a building or land and any land belonging to it; or
d
a right under paragraph (4)(b) to enter land;
Merseytravel shall, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right and in a case falling within sub-paragraph (a) or (c), specifying the safeguarding works proposed to be carried out.
6
Where notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the safeguarding works or to enter the building or land to be referred to arbitration under article 77.
7
Merseytravel shall compensate the owners and occupiers of any building or land in relation to which the powers of this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.
8
Where—
a
safeguarding works are carried out under this article to a building; and
b
within the period of 5 years beginning with the day on which the part of the authorised works constructed within the vicinity of the building is first opened for use, it appears that the safeguarding works are inadequate to protect the building against damage caused by the construction or operation of that part of the works;
Merseytravel shall compensate the owners and occupiers of the building for any damage sustained by them.
9
Without prejudice to article 76, nothing in this article shall relieve Merseytravel from any liability to pay compensation under section 10(2) of the 1965 Act.
10
Any compensation payable under paragraph (7) or (8) shall be determined, in case of dispute, under Part I of the 1961 Act.
11
In this article—
a
“building” includes any structure or erection or any part of a building, structure or erection; and
b
“safeguarding works”, in relation to a building, means—
i
underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works;
ii
any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or operation of the authorised works; and
iii
any works the purpose of which is to secure the safe operation of the tram system or to prevent or minimise the risk of such operation being disrupted.
Power to construct temporary street tramways23
1
Merseytravel may, if it considers it necessary or expedient in consequence of any works executed or proposed to be executed in a street along which an authorised street tramway is constructed—
a
remove or discontinue the operation of the authorised street tramway; and
b
lay, maintain and operate in that street or in a street near to that street a temporary street tramway in lieu of the authorised street tramway.
2
The powers conferred by this article may only be exercised with the consent of the street authority but such consent shall not be unreasonably withheld.
3
The provisions of articles 8(2), 9, 10 and 46 shall apply in relation to temporary street tramways laid under this article as they apply in relation to the authorised street tramways.
Planning permission: supplementary matters24
1
Planning permission which is deemed by a direction under section 90(2A) of the 1990 Act to be granted in relation to works authorised by this Order shall be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).
2
In relation to the application of paragraph (3)(c) of the Second Schedule of the Form of Tree Preservation Order set out in the Schedule to the Town and Country Planning (Tree Preservation Order) Regulations 196921 (including that paragraph as applied by regulation 3(ii) of the Town and Country Planning (Tree Preservation Order) (Amendment) and (Trees in Conservation Areas) (Exempted Cases) Regulations 197522, or as incorporated in any tree preservation order), any direction under section 90(2A) of the 1990 Act deeming planning permission to be granted in relation to the works authorised by this Order shall be treated as deeming the permission to have been granted on application made under Part III of that Act for the purposes of that Part.
3
In relation to the application of article 5(1)(d) of the Form of Tree Preservation Order set out in the Schedule to the Town and Country Planning (Trees) Regulations 199923 as incorporated in any tree preservation order or as having effect by virtue of regulation 10(1)(a) of those Regulations, any direction under section 90(2A) of the 1990 Act deeming planning permission to be granted in relation to the works authorised by this Order shall not be treated as an outline planning permission.
Power to survey and investigate land, etc.25
1
Merseytravel may for the purposes of this Order—
a
survey or investigate any land within the Order limits or any building (or replacement of that building) mentioned in Part 2 of the book of reference, any street along which any authorised street tramway is authorised to be laid and any street having a junction with such a street;
b
without prejudice to the generality of sub-paragraph (a), make trial holes in such positions as Merseytravel thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;
c
without prejudice to the generality of sub-paragraph (a), carry out archaeological investigations on any such land;
d
take steps to protect or remove any flora or fauna on the land where the flora or fauna may be affected by the carrying out of the authorised works;
e
place on, leave on and remove from the land apparatus for use in connection with the exercise of any of the powers conferred by sub-paragraphs (a) to (d); and
f
enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (e).
2
No land may be entered, or equipment placed or left on or removed from the land, under paragraph (1), unless at least 7 days' notice has been served on every owner and occupier of the land.
3
Any person entering land under this article on behalf of Merseytravel—
a
shall, if so required, before or after entering the land produce written evidence of his authority to do so; and
b
may take with him such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
4
No trial holes shall be made under this article in a carriageway or footway without the consent of the street authority, but such consent shall not be unreasonably withheld.
5
Merseytravel shall pay compensation for any damage occasioned, by the exercise of the powers conferred by this article, to the owners and occupiers of the land, such compensation to be determined, in case of dispute, under Part I of the 1961 Act.
6
Nothing in this article shall obviate the need to obtain scheduled monument consent under the Ancient Monuments and Archaeological Areas Act 197924.
Mode of construction and operation of tram system26
1
The authorised tram system shall be operated by electricity or, in an emergency or for the purposes of maintenance, by diesel power or other means.
2
The authorised street tramway and authorised tramroad shall be constructed on a nominal gauge of 1,435 millimetres.
3
Where a tramway is constructed along a street or in any place to which the public has access (including any place to which the public has access only on making a payment) Merseytravel shall take such care as in all the circumstances is reasonable to ensure that the tramway is constructed and maintained so that the street or other place is safe for other users.
4
When considering what measures are required under paragraph (3) Merseytravel shall have particular regard to the character and usage of the street or other place and to those who could reasonably be expected to use it.
Obstruction of construction of authorised works27
Any person who, without reasonable excuse, obstructs another person from constructing any of the authorised works under the powers conferred by this Order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Removal of human remains28
1
In this article “the specified land” means the land in the City of Liverpool numbered 433 and 434 on the works and land plans.
2
Before Merseytravel begins to use any part of the specified land for the construction of any of the authorised works therein it shall remove, or cause to be removed, from that part of the specified land the remains of all deceased persons interred therein in accordance with the following provisions of this article.
3
Before any such remains are removed from the specified land Merseytravel shall give notice of such intended removal, describing the specified land and stating the general effect of the following provisions of this article, by—
a
publishing it once in each of two successive weeks in a newspaper circulating in the City of Liverpool; and
b
displaying it in a conspicuous place upon or near to the specified land.
4
Forthwith after the first publication of a notice under paragraph (3) Merseytravel shall send a copy of the notice to the Library Records Office, Central Library, William Brown Street, Liverpool L3 8EW.
5
At any time within 56 days after the first publication of a notice under paragraph (3) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to Merseytravel of his intention to undertake the removal of such remains, and thereupon, if such remains can be identified, he shall be at liberty to cause such remains to be removed and reinterred in any burial ground or cemetery in which burials may legally take place, or to be removed to, and cremated in, any crematorium, and forthwith after such reinterment or cremation shall provide to Merseytravel a certificate for the purpose of enabling compliance with paragraph (10).
6
If any person giving such notice as aforesaid fails to satisfy Merseytravel that he is such personal representative or relative as he claims to be, or that the remains in question can be identified, the question shall be determined on the application of either party in a summary manner by the county court, and the court shall have power to make an order specifying who shall remove the remains and as to the payment of the costs of the application.
7
Merseytravel shall defray the reasonable expenses of the removal and reinterment or cremation of such remains.
8
If—
a
within the said period of 56 days no notice under paragraph (5) has been given to Merseytravel in respect of any remains in the specified land; or
b
such notice is given and no application is made under paragraph (6) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days thereafter; or
c
within 56 days after any order is made by the county court under paragraph (6) any person, other than Merseytravel, specified in the order fails to remove the remains; or
d
it is determined that the remains to which any such notice relates cannot be identified;
subject to paragraph (9) Merseytravel shall remove the remains and cause them to be reinterred in such burial ground or cemetery in which burials may legally take place as Merseytravel thinks suitable for the purpose and so far as possible remains from individual graves shall be reinterred in individual containers which shall be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.
9
If any personal representative or relative has given notice under paragraph (5) and has satisfied Merseytravel that he is such personal representative or relative as he claims to be, and that the remains in question can be identified, but does not remove the remains, Merseytravel shall comply with any reasonable request he may make in relation to the removal and reinterment or cremation of the remains.
10
Upon the reinterment or cremation of any remains under this article—
a
a certificate of reinterment or cremation shall be sent to the Registrar General by Merseytravel giving the date of reinterment or cremation and identifying the place from which the remains were removed and the place in which they were reinterred or cremated; and
b
a copy of the certificate of reinterment or cremation and the record mentioned in paragraph (8) shall be sent to the Library Records Office mentioned in paragraph (4).
11
The removal of the remains of any deceased person under this article shall be carried out in accordance with any directions which may be given by the Secretary of State.
12
Any jurisdiction or power conferred on the county court by this article may be exercised by the district judge of the court.
13
Section 25 of the Burial Act 185725 shall not apply to a removal carried out in accordance with this article.