Made | 10th May 2002 | ||
Coming into force | 31st May 2002 |
1. | Citation and commencement |
2. | Interpretation |
3. | Application of the 1991 Act |
4. | Power to construct works |
5. | Power to deviate |
6. | Designation of works |
7. | Power to alter layout of streets |
8. | Power to keep apparatus in streets |
9. | Power to execute street works |
10. | Stopping up of street |
11. | Access to works |
12. | Agreements with street authorities |
13. | Discharge of water |
14. | Planning permission: supplementary matters |
15. | Power to survey and investigate land, etc. |
16. | Mode of construction and operation of transit system |
17. | Obstruction of construction of authorised works |
18. | Power to acquire land |
19. | Application of Part I of the Compulsory Purchase Act 1965 |
20. | Application of the Compulsory Purchase (Vesting Declarations) Act 1981 |
21. | Powers to acquire new rights |
22. | Powers to acquire subsoil only |
23. | Rights under or over streets |
24. | Disregard of certain interests and improvements |
25. | Acquisition of part of certain properties |
26. | Extinction or suspension of private rights of way |
27. | Time limit for exercise of powers of acquisition |
28. | Application of provisions of the 1996 Order |
29. | Statutory undertakers, etc. |
30. | For protection of BRB (Residuary) Limited |
31. | Disclosure of confidential information |
32. | Certification of plans, etc. |
33. | Service of notices |
34. | No double recovery |
35. | Arbitration |
Schedule 1 | Scheduled works |
Schedule 2 | Streets subject to alteration of layout |
Schedule 3 | Street to be stopped up and for which no substitute is to be provided |
Schedule 4 | Modification of compensation and compulsory purchase enactments for creation of new rights |
Schedule 5 | Provisions relating to statutory undertakers, etc. |
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
(3) Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
(4) References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so marked on the deposited plans.
(5) All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands shall be construed as if the words "or thereabouts" were inserted after each such distance, direction and length, and distances between points on a scheduled work shall be taken to be measured along the scheduled work.
Application of the 1991 Act
3.
- (1) Section 56 (directions as to timing) and section 58 (restrictions following substantial road works) of the 1991 Act shall not apply in relation to any works executed under the power of this Order.
(2) The provisions of the 1991 Act mentioned in paragraph (3) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the undertaker under the powers conferred by this Order whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.
(3) The provisions of the 1991 Act referred to in paragraph (2) are: -
all such other provisions as apply for the purposes of the provisions mentioned above.
(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 -
(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.
Power to alter layout of streets
7.
- (1) The undertaker may alter the layout of any street specified in column (2) of Schedule 2 to this Order in the manner specified in relation to that street in column (3) of that Schedule.
(2) Without prejudice to the specific powers conferred by paragraph (1) but subject to paragraph (3), the undertaker may for the purpose of constructing, maintaining or using any scheduled work alter the layout of any street within the limits of deviation and the layout of any street having a junction with such a street; and, without prejudice to the generality of the foregoing, the undertaker may -
(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 streets
8.
- (1) The undertaker may, for the purposes of or in connection with the construction, maintenance and use of the authorised works, place and maintain in any street within the limits of deviation 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, road islands, substations, electric lines and any electrical or other apparatus.
(2) In this article -
Power to execute street works
9.
The undertaker may, for the purpose of exercising the powers conferred by article 8 or any other provision of this Order, enter upon any street within the limits or deviation 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.
Stopping up of street
10
- (1) Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised works, stop up the street specified in column (2) of Schedule 3 to this Order to the extent specified, by reference to the letters and numbers shown on the works plans, in column (3) of that Schedule.
(2) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
(3) This article is subject to paragraph 2 of Schedule 5 to this Order.
Access to works
11.
The undertaker may, for the purposes of the scheduled works, form and lay out such means of access or improve such existing means of access, to streets within the limits of deviation, as may be approved by the highway authority, but such approval shall not be unreasonably withheld.
Agreements with street authorities
12.
- (1) A street authority and the undertaker may enter into agreements with respect to -
(2) Such an agreement may, without prejudice to the generality of paragraph (1) -
Discharge of water
13.
- (1) The undertaker 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 limits of deviation, make openings into, and connections with, the watercourse, sewer or drain.
(2) The undertaker 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) The undertaker 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) The undertaker 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) The undertaker 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 1991[12].
(7) In this article -
Planning permission: supplementary matters
14.
- (1) 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 1969[13] (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 1975[14], 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 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.
(2) 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 1999[15] 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.
(3) 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).
Power to survey and investigate land, etc.
15.
- (1) The undertaker may for the purposes of this Order -
(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 the undertaker -
(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) The undertaker shall make 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.
Mode of construction and operation of transit system
16.
- (1) The transit system comprised in the authorised works shall be operated by electricity or, in an emergency or for the purposes of maintenance, by diesel power or other means.
(2) The transit system shall be constructed on a gauge of 1,435 millimetres.
Obstruction of construction of authorised works
17.
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.
(2) Part I of the 1965 Act, as so applied, shall have effect as if -
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
20.
- (1) The Compulsory Purchase (Vesting Declarations) Act 1981[17] shall apply as if this Order were a compulsory purchase order.
(2) In its application by virtue of paragraph (1), the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.
(3) In section 3 (preliminary notices) for subsection (1) there shall be substituted -
(4) In that section, in subsection (2), for "(1)(b)" there shall be substituted "(1)" and after "given" there shall be inserted "and published".
(5) In that section, subsections (5) and (6) shall be omitted and at the end there shall be substituted -
(6) In section 5 (earliest date for execution of declaration) -
(7) In section 7 (constructive notice to treat) in subsection (1)(a), the words "(as modified by section 4 of the Acquisition of Land Act 1981)" shall be omitted.
(8) References to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 19.
Powers to acquire new rights
21.
- (1) The undertaker may compulsorily acquire such easements or other rights over any land referred to in paragraph (1) of article 18 as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
(2) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 4 to this Order), where the undertaker acquires a right over land under paragraph (1) it shall not be required to acquire a greater interest in that land.
(3) Schedule 4 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Powers to acquire subsoil only
22.
- (1) The undertaker may compulsorily acquire so much of the subsoil of the land referred to in paragraph (1) of article 18 as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(2) Where the undertaker acquires any part of the subsoil of land under paragraph (1) the undertaker shall not be required to acquire an interest in any other part of the land.
(3) Paragraph (2) shall not prevent article 25 from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
Rights under or over streets
23.
- (1) The undertaker may enter upon and appropriate so much of the surface, subsoil of, or air-space over, any street shown on the land plans and described in the book of reference as may be required for the purposes of the authorised works and may use the surface, subsoil and air-space for those purposes or for any other purpose connected with or ancillary to its transit system undertaking.
(2) The power under paragraph (1) may be exercised in relation to a street without the undertaker being required to acquire any part of the street or any easement or right in the street and except in relation to a street which is subject to stopping up pursuant to article 10, the powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the street.
(3) Any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person's interest in the land and who suffers loss by the exercise of that power shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
(4) Paragraph (2) shall not apply in relation to -
Disregard of certain interests and improvements
24.
- (1) In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account -
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
(2) In paragraph (1) "relevant land" means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
(2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole ("the land subject to the counter-notice").
(3) If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
(4) If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the undertaker agrees to take the land subject to the counter-notice, be referred to the tribunal.
(5) If on such a reference the tribunal determine that the land subject to the notice to treat can be taken -
the owner shall be required to sell the land subject to the notice to treat.
(6) If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken -
the notice to treat shall be deemed to be a notice to treat for that part.
(7) If on such a reference the tribunal determine that -
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.
(8) If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determine that -
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.
(9) In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, if it does so, shall pay to the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
(10) Where the owner is required under this article to sell only part of a house, building or factory or of land consisting of a house with a park or garden, the undertaker shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinction or suspension of private rights of way
26.
- (1) All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished -
whichever is sooner.
(2) All private rights of way over land owned by the undertaker which is within the limits of land which may be acquired shown on the land plans and which is required for the purposes of this Order, shall be extinguished on the appropriation of the land for any of those purposes by the undertaker.
(3) All private rights of way over land of which the undertaker takes temporary possession under this Order shall be suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.
(4) Any person who suffers loss by the extinguishments or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
(5) This article does not apply in relation to any right of way to which section 271 or 272 of the 1990 Act (extinguishments of rights of statutory undertakers etc.) or paragraph 2 of Schedule 5 to this Order applies.
Time limit for exercise of powers of acquisition
27.
The powers conferred by this Order to acquire land or rights over land compulsorily shall cease at the end of the period of five years beginning on the day on which this Order comes into force except to the extent that notice to treat has been served under Part I of the 1965 Act as applied by article 19 of this Order.
Statutory undertakers, etc.
29.
The provisions of Schedule 5 to this Order shall have effect.
For protection of BRB (Residuary) Limited
30.
- (1) For the protection of BRB (Residuary) Limited ("the Company") the following provisions shall, unless otherwise agreed in writing between the undertaker and the Company, have effect: -
(2) The undertaker shall not under the powers of the Order acquire any land or other property of the Company, or any right in such land or property, without the consent of the Company.
(3) Consent under paragraph (2) shall not be unreasonably withheld but may be given subject to reasonable conditions.
(4) Without prejudice to the generality of paragraph (3) the Company may make it a condition of any such consent that the undertaker shall acquire the entirety of the Company's interest in the former railway line from Old Trafford to Chorlton, Greater Manchester.
(5) All rights and obligations of the Company, whether statutory or otherwise, relating to any land of the Company which is transferred to the undertaker under the powers or in consequence of this Order shall be transferred to the undertaker to the exclusion of the Company on the date on which the undertaker enters upon that land.
Disclosure of confidential information
31.
A person who -
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 performing his duty in connection with the purposes for which he was authorised to enter the land.
Certification of plans, etc.
32.
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the land plans, the works plans and the sections to the Secretary of State for certification that they are true copies of, respectively, the book of reference, plans and sections 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
33.
- (1) A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
(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[19] as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) is, if he has given an address for service, that address, and otherwise -
(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 his name or address cannot be ascertained after reasonable enquiry, the notice may be served by -
(5) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
34.
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
35.
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.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Ellis Harvey
Head of the Transport and Works Act Processing Unit Department for Transport, Local Government and the Regions
10th May 2002
Work No. 1 - | A tramroad 170 metres in length (single line) commencing at a junction with the Metrolink Altrincham Line 150 metres south west of the Trafford Bar Stop running in a south westerly direction before terminating at a point on Elsinore Road 345 metres south west of Skerton Road. |
Work No. 2 - | A tramroad 128 metres in length (single line) commencing at a junction with the Metrolink Airport Line at chainage 150 metres in Work No. 1 of the Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997 running in a south westerly direction before terminating at a point on Elsinore Road 260 metres south west of Skerton Road. |
Work No. 3 - | A tramroad 80 metres in length (single line) commencing at a junction with the Metrolink Altrincham Line 97 metres north east of Old Trafford Stop subway running in a north easterly direction before terminating at a point on Elsinore Road 160 metres north east of Ayres Road. |
Work No. 4 - | A tramroad 159 metres in length (single line) commencing at a junction with the Metrolink Airport Line at chainage 138 metres in Work No. 2 of the Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997[20] running in a northerly direction before terminating at a point 160 metres north of Ayres Road and at chainage 180 metres in Work No. 5. |
Work No. 5 - | A tramroad 968 metres in length (single line with multiple sidings) commencing at a point 40 metres south west of where Elsinore Road crosses a dismantled railway line and extending around the site joining with Works No's 1, 3, 4 and 6 before terminating at a point 95 metres south of the commencement point. |
Work No. 6 - | A tramroad 245 metres in length (single line) commencing at a junction with chainage point 623 metres of Work No. 5 running in a north easterly direction before terminating at a junction with chainage point 850 metres of Work No. 5. |
SS | Stopping up of street |
W | Kerb line modification |
TC | Traffic calming modification |
(1) | (2) | (3) |
Area | Street subject to alteration of layout | Description of alteration |
The Borough of Trafford | Junction of Ayres Road/Elsinore Road | Reconfiguration of access and alteration of kerblines from W1 to W2 |
Reconfiguration of access and alteration of kerblines from W3 to W4 | ||
Ayres Road | Reconfiguration of access and alteration of kerblines from W5 to W6 | |
Traffic calming modifications from TC3 to TC4 | ||
Elsinore Road | Reconfiguration of access and alteration of kerblines from W7 to W8 | |
Traffic calming modifications from TC1 to TC2 | ||
Traffic calming modifications from TC5 to TC6 | ||
Skerton Road | Traffic calming modifications from TC7 to TC8 |
(1) | (2) | (3) |
Area | Street to be stopped up | Extent of Stopping up |
The Borough of Trafford | Elsinore Road | Between points SS1 and SS2 |
(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 -
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 read (according to the requirements of the particular context) as referring to, or as including references to -
(2) Without prejudice to the generality of sub-paragraph (1), 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: -
5.
For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the folowing: -
the Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 ("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 in 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: -
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 the 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.
shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant.
(5) The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 or Part III of the 1991 Act applies.
(6) In this paragraph -
(4) Subject to the following provisions of this paragraph, the undertaker shall pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with: -
(5) If in the course of the execution of relocation works under sub-paragraph (3) -
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary in consequence of the construction of the authorised works in order to ensure the continued efficient operation of the undertaking of the statutory utility, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory utility by virtue of sub-paragraph (4) shall be reduced by the amount of that excess.
(6) For the purposes of sub-paragraph (5) -
(7) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (4) (and having regard, where relevant, to sub-paragraph (5)) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled "Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)" and dated June 1992 and approved by the Secretary of State on 30th June 1992, as revised and re-issued from time to time, and in accordance with the provisions of the Street Works (Sharing of Costs of Works) (England) Regulations 2000[24].
(8) Sub-paragraphs (4) to (7) shall not apply where the authorised works constitute major transport works for the purposes of Part III of the 1991 Act, but instead -
(9) In this paragraph -
[2] 1992 c. 42 as amended by S.I. 1995/1541 and S.I. 1998/2226.back