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The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application of the 1991 Act

    4. 4.Incorporation of the Railways Clauses Consolidation Act 1845

    5. 5.Application of the Midland Metro Acts

  3. PART 2

    1. Principal powers

      1. 6.Power to construct and maintain works

      2. 7.Power to deviate, etc.

    2. Streets

      1. 8.Power to alter layout, etc., of streets

      2. 9.Power to keep apparatus in streets

      3. 10.Power to execute street works

      4. 11.Temporary stopping up of streets

      5. 12.Access to works

      6. 13.Restoration of streets if street tramway discontinued

      7. 14.Agreements with street authorities

    3. Supplemental powers

      1. 15.Discharge of water

      2. 16.Safeguarding works to buildings

      3. 17.Power to construct temporary tramways

      4. 18.Power to survey and investigate land

      5. 19.Mode of construction and operation of tramway

  4. PART 3

    1. Powers of acquisition

      1. 20.Power to acquire land

      2. 21.Application of Part 1 of the 1965 Act

      3. 22.Application of Compulsory Purchase (Vesting Declarations) Act 1981

      4. 23.Power to acquire new rights

      5. 24.Rights under or over streets

    2. Temporary possession of land

      1. 25.Temporary use of land for construction of works

      2. 26.Temporary use of land for maintenance of works

    3. Compensation

      1. 27.Disregard of certain interests and improvements

    4. Supplementary

      1. 28.Acquisition of part of certain properties

      2. 29.Extinction or suspension of rights of way

      3. 30.Time limit for exercise of powers of acquisition

  5. PART 4

    1. 31.Power to operate and use tramway system

    2. 32.Power to charge fares

    3. 33.Traffic signs

    4. 34.Obstruction of construction of authorised works

  6. PART 5

    1. 35.Planning permission

    2. 36.Statutory undertakers, etc.

    3. 37.Existing agreements

    4. 38.Minerals

    5. 39.Saving for highway authorities

    6. 40.Certification of plans, etc.

    7. 41.Service of notices

    8. 42.No double recovery

    9. 43.Disclosure of confidential information

    10. 44.Withholding of consent

    11. 45.Arbitration

    12. 46.Protective provisions for Network Rail

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      ACQUISITION OF LAND AND RIGHTS

      1. PART 1 ACQUISITION OF LAND

      2. PART 2 ACQUISITION OF RIGHTS ONLY

    2. SCHEDULE 2

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

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without limitation to the scope of paragraph 1, the...

      2. Application of the 1965 Act

        1. 3.(1) The 1965 Act has effect with the modifications necessary...

        2. 4.For section 7 (measure of compensation in case of severance)...

        3. 5.For section 8 (other provisions as to divided land) of...

        4. 6.The following provisions of the 1965 Act (which state the...

        5. 7.Section 11 (powers of entry) of the 1965 Act is...

        6. 8.Section 20 (protection of interests of tenants at will etc.)...

        7. 9.Section 22 (interests omitted from purchase) of the 1965 Act...

    3. SCHEDULE 3

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    4. SCHEDULE 4

      PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

      1. Apparatus of statutory undertakers, etc., on land acquired

        1. 1.(1) Subject to the following provisions of this paragraph, sections...

      2. Application of electronic communications code

        1. 2.(1) Paragraph 21 of the electronic communications code does not...

    5. SCHEDULE 5

      EXISTING AGREEMENTS

    6. SCHEDULE 6

      PROTECTIVE PROVISIONS FOR NETWORK RAIL

      1. 1.The following provisions of this Schedule have effect unless otherwise...

      2. 2.In this Schedule— “construction” includes execution, placing, alteration and reconstruction...

      3. 3.(1) The Executive must not exercise the powers conferred by...

      4. 4.(1) The Executive must, before commencing construction of any specified...

      5. 5.(1) Any specified work and any protective works to be...

      6. 6.The Executive must— (a) at all times afford reasonable facilities...

      7. 7.Network Rail must at all times afford reasonable facilities to...

      8. 8.(1) If any permanent or temporary alterations or additions to...

      9. 9.The Executive must repay to Network Rail all reasonable fees,...

      10. 10.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

      11. 11.(1) If at any time after the completion of a...

      12. 12.The Executive must not provide any illumination or illuminated sign...

      13. 13.Any additional expenses which Network Rail may reasonably incur in...

      14. 14.(1) The Executive must pay to Network Rail all reasonable...

      15. 15.Network Rail must, on receipt of a request from the...

      16. 16.In the assessment of any sums payable to Network Rail...

      17. 17.The Executive and Network Rail may, subject in the case...

      18. 18.Any difference between Network Rail and the Executive arising under...

  9. Explanatory Note

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