The Transport for Greater Manchester (Light Rapid Transit System) (Miscellaneous Provisions) Order 2013

• Citation: S.I. 2013/1030
• Sections: 7

Section 1 Citation and commencement

This Order may be cited as the Transport for Greater Manchester (Light Rapid Transit System) (Miscellaneous Provisions) Order 2013 and comes into force on 20th May 2013.

Section 2 Interpretation

In this Order—

“the 1988 Act ” means the Greater Manchester (Light Rapid Transit System) Act 1988 ;

“ later LRTS Acts ” means—

the Greater Manchester (Light Rapid Transit System) (No.2) Act 1988 ;

the Greater Manchester (Light Rapid Transit System) Act 1990 ;

the Greater Manchester (Light Rapid Transit System) (No.2) Act 1990 ;

the Greater Manchester (Light Rapid Transit System) Act 1991 ;

the Greater Manchester (Light Rapid Transit System) Act 1992 ; and

the Greater Manchester (Light Rapid Transit System) Act 1994 ;

“road” means any highway or other road to which the public has access;

“ the undertaker ” means Transport for Greater Manchester, being the passenger transport executive established by the South East Lancashire and North East Cheshire Passenger Transport Area (Designation) Order 1969 ; and

“ the undertaking ” means the transit system undertaking of the undertaker.

Section 3 Removal of requirement as to length of stops

Section 5(4) (power to make works) of the 1988 Act, including that provision as applied by later LRTS Acts, ceases to have effect.

Section 4 Removal of requirement as to passing width of vehicles

Section 18 (distance between passing vehicles when used on light rapid transit system) of the 1988 Act, including that provision as applied by later LRTS Acts, ceases to have effect.

Section 5 Removal of requirements as to use of electrical energy

Section 27 (provisions as to use of electrical energy) of the 1988 Act, including that provision as applied by later LRTS Acts, ceases to have effect.

Section 6 Requirements as to tramroads crossing the highway at grade

(1) Any tramroad forming part of the undertaking may cross a road on the level if it is not constructed to cross the road by way of a bridge over, or tunnel under, the road.

(2) Whilst such a tramroad is in operation, the following provisions apply to the crossing—

(a) the undertaker must provide, operate and maintain such protective equipment including traffic signs within the meaning of the Traffic Signs Regulations and General Directions 2002 as the undertaker may agree with the local traffic authority;

(b) the Traffic Signs Regulations and General Directions 2002 apply to any traffic sign placed at the crossing by the undertaker as they apply to a traffic sign placed by the local traffic authority; and

(c) any traffic sign placed by the undertaker on or near a road in accordance with the provisions of sub-paragraph (a) is to be treated for the purposes of section 64(4) (general provisions as to traffic signs) of the Road Traffic Regulation Act 1984 as having been placed as provided by that Act.

(3) Regardless of anything to the contrary in any local enactment, none of the following enactments apply to a crossing to which paragraph (1) applies—

(a) section 1 (where any railroad crosses a highway, etc , proprietors of railroad shall maintain gates) of the Highways (Railway Crossings) Act 1839 ;

(b) section 9 (gates at level crossings) of the Railway Regulation Act 1842 ;

(c) section 47 (provision in cases where roads are crossed on a level) of the Railways Clauses Consolidation Act 1845 ;

(d) section 6 (company to erect lodge at point of crossing, etc) of the Railways Clauses Act 1863 ; and

(e) the Level Crossings Act 1983 .

(4) Paragraph (3) does not affect the application of any enactment to a crossing of a road by a railway if the railway is not part of the undertaking.

(5) The Greater Manchester Passenger Transport Executive Hagside Level Crossing Order 2009 and the Greater Manchester Passenger Transport Executive Shaw Level Crossing Order 2009 are revoked.

(6) In paragraph (2), “local traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984.

Section 7 Removal of requirement for approval by Secretary of State

(1) The following provisions cease to have effect—

(a) section 7 (approval of Secretary of State) of the Greater Manchester (Light Rapid Transit System) (No.2) Act 1988;

(b) section 8 (approval of Secretary of State) of the Greater Manchester (Light Rapid Transit System) Act 1990;

(c) section 8 (approval of Secretary of State) of the Greater Manchester (Light Rapid Transit System (No.2) Act 1990;

(d) sections 8 (plans to be approved by Secretary of State before works commenced) and 9 (approval of Secretary of State) of the Greater Manchester (Light Rapid Transit System) Act 1991;

(e) sections 8 (plans to be approved by Secretary of State before works commenced) and 9 (approval of Secretary of State) of the Greater Manchester (Light Rapid Transit System) Act 1992; and

(f) sections 8 (plans to be approved by Secretary of State before works commenced) and 9 (approval of Secretary of State) of the Greater Manchester (Light Rapid Transit System) Act 1994.

(2) Article 5 (application of the Greater Manchester (Light Rapid Transit System) Act 1994) of the Greater Manchester (Light Rapid Transit System) (Mumps Surface Crossing) Order 2001 is amended by the deletion of the words—

section 8 (plans to be approved by Secretary of State before works commenced),

section 9 (approval of Secretary of State),.

(3) Article 5 (application of the Greater Manchester (Light Rapid Transit System) Act 1992) of the Greater Manchester (Light Rapid Transit System) (Trafford Park) Order 2001 is amended by the deletion of the words—

section 8 (plans to be approved by Secretary of State before works commenced),

section 9 (approval of Secretary of State),.