
1 
This Order may be cited as the Transport and Works (Model Clauses for Railways and Tramways) Order 1992 and shall come into force on 15th January 1993.
2 
The Secretary of State hereby prescribes—
(a) the clauses set out in Schedule 1 to this Order as model provisions for incorporation in any draft order which, in accordance with rules made under section 6 of the Act (applications for orders), is required to be submitted with an application for an order under section 1(1)(a) of the Act (orders as to railways); and
(b) the clauses set out in Schedule 2 to this Order as model provisions for incorporation in any draft order which, in accordance with rules made under section 6 of the Act, is required to be submitted with an application for an order under section 1(1)(b) of the Act (orders as to tramways). Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
18th December 1992
SCHEDULE 1
Article 2(a)
ARRANGEMENT OF CLAUSESPART IPRELIMINARY1Interpretation2Incorporation of Railways Clauses ActsPART IIWORKS PROVISIONSPrincipal powers3Power to construct works4Power to deviateStreets5Power to execute street works6Permanent stopping up of streets7Temporary stopping up of streets8Access to works9Construction and maintenance of new or altered streets10Construction of bridges and tunnels11Agreements with street authoritiesSupplemental powers12Discharge of water13Safeguarding works to buildings14Power to survey and investigate landPART IIIACQUISITION AND POSSESSION OF LANDPowers of acquisition15Power to acquire land [version A: limits of deviation]15Power to acquire land [version B: specified parcels of land]16Application of Part I of Compulsory Purchase Act 196517Powers to acquire new rights18Powers to acquire subsoil only19Cases where powers of acquisition limited to subsoil20Rights under streetsTemporary possession of land21Temporary use of land for construction of works22Temporary use of land for maintenance of worksCompensation23Disregard of certain interests and improvementsSupplementary24Acquisition of part of certain properties25Extinction or suspension of private rights of way26Time limit for exercise of powers of acquisitionPART IVMISCELLANEOUS AND GENERAL27Power to operate and use railways28Maintenance of approved works etc29Disclosure of confidential information30Statutory undertakers etc31Certification of plans etc32Service of notices33No double recovery34ArbitrationSCHEDULESSchedule 1Scheduled worksSchedule 2Acquisition of certain landSchedule 3Streets subject to street worksSchedule 4Streets to be permanently stopped upPart IStreets for which a substitute is to be providedPart IIStreets for which no substitute is to be providedSchedule 5Streets to be temporarily stopped upSchedule 6Modification of compensation and compulsory purchase enactments for creation of new rightsSchedule 7Land of which only subsoil may be acquiredSchedule 8Land of which temporary possession may be takenSchedule 9Provisions relating to statutory undertakers etcADDITIONAL CLAUSES RELATING TO LEVEL CROSSINGSLC1Provision of level crossing over new highwayLC2Provision of new level crossing over highway in substitution for existing level crossingLC3Closure of level crossingLC4Reduction of status of level crossing
PART I
1 

(1) In this Order, unless the context otherwise requires—
 “the 1965 Act” means the Compulsory Purchase Act 1965;
 “the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
 “authorised works” means the scheduled works and any other works authorised by this Order;
 “the book of reference” means the book of reference described in rule 7(5) of the Applications Rules prepared in connection with the application for this Order;
 “highway” and “highway authority” have the same meaning as in the Highways Act 1980;
 “the land plan” means the plan described in rule 7(3) of the Applications Rules prepared in connection with the application for this Order and references to land shown on that plan are references to land so shown in pursuance of that rule;
 “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
 “owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
 “the scheduled works” means the works specified in Schedule 1 to this Order;
 “the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order;
 “street” means a street within the meaning of section 67(1)(a) of the Transport and Works Act 1992 and includes part of a street;
 “street authority”, in relation to a street, has the same meaning as in Part III of the New Roads and Street Works Act 1991;
 “the tribunal” means the Lands Tribunal;
 “the undertaker” means [];
 “the works plan” means the plan described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order.
(2) Where the book of reference, the sections, the land plan or the works plan was or were revised before this Order was made, any reference to it or them in this Order is to the latest version as certified under article 31 (certification of plans etc.) below.
(3) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
2 

(1) The following provisions of the  Railways Clauses Consolidation Act 1845 shall be incorporated in this Order—
 section 24 (obstructing construction of railway);
 section 46 (crossing of roads—level crossings);
 section 47 (provision in cases where roads are crossed on a level);
 section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
 section 61 (company to make sufficient approaches and fences to highways crossing on the level);
 section 68 (accommodation works by company);
 section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
 sections 72 and 73 (supplementary provisions relating to accommodation works);
 section 75 (omission to fasten gates):
 section 77 (presumption that minerals excepted from acquisition of land);
 sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the  Mines (Working Facilities and Support) Act 1923;
 sections 103 and 104 (refusal to quit carriage at destination);
 section 105 (carriage of dangerous goods on railway);
 section 145 (recovery of penalties);
 section 152 (damage to property of company to be made good), except for the words from “and the amount of such damages” to the end; and
 section 154 (transient offenders).
(2) The following provisions of the  Railways Clauses Act 1863 shall be incorporated in this Order—
 sections 5, 6 and 7 (level crossings); and
 section 12 (signals, watchmen etc.).
(3) In those provisions, as incorporated in this Order—
 “the company” means the undertaker;
 “goods” includes any thing conveyed on the railways authorised to be constructed by this Order;
 “lease” includes an agreement for a lease;
 “prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
 “the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any others authorised works;
 “the special Act” means this Order;
 “toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.
(4) In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.
PART II
3 

(1) The undertaker may construct and maintain the scheduled works.
(2) Subject to article 4 (power to deviate) below, the scheduled works shall be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the sections.
(3) Subject to paragraph (5) below, 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 to alter the position of apparatus, including mains, sewers, drains and cables,
(b) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
(c) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works, and
(d) works for the benefit or protection of premises affected by the scheduled works.
(4) Subject to paragraph (5) below, the undertaker may carry out 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) Paragraphs (3) and (4) above—
(a) shall only authorise the carrying out or maintenance of works outside the [limits of deviation for][lines or situations of]the scheduled works shown on the works plan if the works are carried out on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule, and
(b) shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
NOTE In paragraph (5)(a)—second set of square bracketed words to be used, instead of first, if version B of article 15 (power to acquire land) is adopted.
4 
In constructing or maintaining any of the scheduled works, the undertaker may—
[(a) deviate laterally from the lines or situations shown on the works plan within the limits of deviation for that work shown on that plan, and
(b)] deviate vertically from the levels shown on the sections—
(i) to any extent not exceeding [] upwards, or
(ii) to any extent not exceeding [] downwards.
NOTE Words in square brackets to be omitted if version B of article 15 (power to acquire land) is adopted.
5 

(1) The undertaker may, for the purposes of the authorised works, enter upon so much of any of the streets specified in Schedule 3 to this Order as is within the [limits of deviation for] [lines or situations of] the scheduled works shown on the works plan and may—
(a) place apparatus in the street,
(b) maintain apparatus in the street or change its position, and
(c) execute any works required for or incidental to any works referred to in sub-paragraphs (a) and (b) above (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
(2) This article is subject to paragraph 3 of Schedule 9 (provisions relating to statutory undertakers etc.) to this Order.
(3) In this article “apparatus” has the same meaning as in Part III of the  New Roads and Street Works Act 1991.
NOTE In paragraph (1)—second set of square bracketed words to be used, instead of first, if version B of article 15 (power to acquire land) is adopted.
6 

(1) Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised works, permanently stop up each of the streets specified in columns (1) and (2) of Parts I and II of Schedule 4 to this Order to the extent specified, by reference to the letters and numbers shown on the works plan, in column (3) of Parts I and II of that Schedule.
(2) No street specified in columns (1) and (2) of Part I of Schedule 4 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 until the new street to be substituted for it, and which is specified in relation to it by reference to the letters and numbers shown on the works plan in column (4) of that Part of that Schedule has been completed to the reasonable satisfaction of the street authority and is open for use.
(3) No street specified in columns (1) and (2) of Part II of Schedule 4 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) below 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) above is that—
(a) the undertaker 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 permanently stopped up under this article—
(a) all rights of way over or along the street so stopped up shall be extinguished, and
(b) the undertaker may, without making any payment but subject to sections 77 to 85E of, and Schedules 1 to 3 to, the  Railways Clauses Consolidation Act 1845 (which relate to minerals under railways) appropriate and use for the purposes of its railway undertaking so much of the site of the street as is bounded on both sides by land owned by the undertaker.
(6) 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  Land Compensation Act 1961.
(7) This article is subject to paragraph 2 of Schedule 9 (provisions relating to statutory undertakers etc.) to this Order.
7 

(1) The undertaker, during and for the purposes of the execution of the authorised works, may 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 (2) below, prevent all persons from passing along the street.
(2) The undertaker shall provide 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.
(3) Without prejudice to the generality of paragraph (1) above, the undertaker may exercise the powers of this article in relation to the streets specified in columns (1) and (2) of Schedule 5 to this Order to the extent specified, by reference to the letters and numbers shown on the works plan, in column (3) to that Schedule.
(4) The undertaker shall not exercise the powers of this article—
(a) in relation to any street specified as mentioned in paragraph (3) above 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.
(5) The provisions of the  New Roads and Street Works Act 1991 mentioned in paragraph (6) below 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 article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the undertaker.
(6) The provisions of the New Roads and Street Works Act 1991 referred to in paragraph (5) above are—
 section 54 (advance notice of certain works);
 section 55 (notice of starting date of works);
 section 59 (general duty of street authority to co-ordinate works);
 section 60 (general duty of undertakers to co-operate);
 section 69 (works likely to affect other apparatus in the street);
 section 76 (liability for cost of temporary traffic regulation);
 section 77 (liability for cost of use of alternative route); andall such other provisions as apply for the purposes of the provisions mentioned above.
8 
The undertaker may, for the purposes of the scheduled works, form and lay out means of access or improve existing means of access in such location or locations within the [limits of deviation for] [lines or situations of] those works shown on the works plan as may be approved by the highway authority, but such approval shall not be unreasonably withheld.
NOTE Second set of square bracketed words to be used, instead of first, if version B of article 15 (power to acquire land) is adopted.
9 

(1) Any street (other than [specified private streets]) to be constructed under this Order shall be completed to the reasonable satisfaction of the highway authority and shall, unless otherwise agreed, be maintained by and at the expense of the undertaker for a period of 24 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 the undertaker for a period of 24 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) above do not apply in relation to the structure of any bridge or tunnel carrying a street over or under any railway of the undertaker.
(4) Nothing in this article shall prejudice the operation of section 87 of the  New Roads and Street Works Act 1991 (prospectively maintainable highways); and the undertaker shall not by reason of any duty under this article to maintain a street be taken to be the street authority in relation to that street for the purposes of Part III of that Act.
(5) Nothing in this article shall have effect in relation to street works as respects which the provisions of Part III of the New Roads and Street Works Act 1991 apply.
NOTE Where a private street is to be constructed it should be excepted from paragraph (1) and the article should specify the person by whom the street is to be maintained at the expiry of the 24-month period.
10 
Any bridge or tunnel to be constructed under this Order for carrying a highway over or under a railway shall be constructed in accordance with plans and specifications approved by the highway authority, but such approval shall not be unreasonably withheld.
11 

(1) A street authority and the undertaker may enter into agreements with respect to—
(a) the construction of any new street (including any structure carrying the street over or under a railway) under the powers conferred by this Order,
(b) the maintenance of the structure of any bridge or tunnel carrying a street over or under a railway,
(c) any stopping up, alteration or diversion of a street under the powers conferred by this Order, or
(d) the execution in the street of any of the works referred to in article 5(1) (power to execute street works) above.
(2) Such an agreement may, without prejudice to the generality of paragraph (1) above—
(a) delegate to the street authority 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.
12 

(1) The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown on the land plan, 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 beds 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 form gravel, soli 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.
(7) In this article—
(a) “public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the National Rivers Authority, an internal drainage board, a local authority, a joint planning board, the Commission for the New Towns, an urban development corporation or a harbour authority within the meaning of the  Harbours Act 1964,
(b) “watercourse” includes all 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.
13 

(1) Subject to the following provisions of this article, the undertaker may at its own expense and from time to time carry out such safeguarding works to any building lying within—
(a) [] metres of any authorised works relating to the construction of an underground railway, or
(b) [] metres of any other authorised works,
as the undertaker 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, or
(b) after the completion of the construction of that part of the authorised works, 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 the undertaker may enter and survey any building falling within paragraph (1) above and any land belonging to it.
(4) For the purpose of carrying out safeguarding works under this article to a building the undertaker may (subject to paragraphs (5) and (6) below)—
(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) above to carry out safeguarding works to a building,
(b) a right under paragraph (3) above to enter a building,
(c) a right under paragraph (4)(a) above to enter a building or land, or
(d) a right under paragraph (4)(b) above to enter land,
the undertaker 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) above, specifying the safeguarding works proposed to be carried out.
(6) Where notice is served under paragraph (5)(a), (c) or (d) above, 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 34 (arbitration) below.
(7) The undertaker 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.
 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,the undertaker shall compensate the owners and occupiers of the building for any damage sustained by them.
(9) Nothing in this article shall relieve the undertaker from any liability to pay compensation under section 10(2) of the 1965 Act.
(10) Any compensation payable under paragraph (7) or (8) above shall be determined, in case of dispute, under Part I of the  Land Compensation Act 1961.
(11) In this article—
(a) “building” includes any structure or erection or any part of a building, structure or erection,
(b) any reference to a building within a specified distance of a work includes—
(i) in the case of a work under the surface of the ground, a reference to any building within the specified distance of the point on the surface below which the work is situated, and
(ii) where a work has not commenced, a reference to a building within the specified distance of the proposed site of the work, and
(c) “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, and
(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.
NOTE The specified distance is normally 50 metres in the case of an underground railway and 35 metres in the case of other railway works.
14 

(1) The undertaker may for the purposes of this Order—
(a) survey or investigate any land shown on the land plan or which may be affected by the authorised works,
(b) without prejudice to the generality of sub-paragraph (a) above, make trial holes in such positions as the undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples,
(c) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes, and
(d) enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (c) above.
(2) No land may be entered, or equipment placed or left on or removed from the land under paragraph (1) above, 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—
(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) 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 Land Compensation Act 1961.
PART III
15 

(1) The undertaker may acquire compulsorily—
(a) so much of the land shown on the land plan within the limits of deviation for the scheduled works shown on that plan and described in the book of reference as may be required for the purposes of the authorised works, and
(b) so much of the land specified in columns (1) and (2) of Schedule 2 to this Order (being land shown on the land plan and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that Schedule;
and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its railway undertaking.
(2) This article is subject to article 19(2) (cases where powers of acquisition limited to subsoil) and article 21(8) (temporary use of land for construction of works) below.
NOTE This version of article 15 is for adoption by promoters whose plans show limits of deviation for the scheduled works.
15 

(1) The undertaker may acquire compulsorily—
(a) so much of the land shown on the land plan and described in the book of reference as may be required for the purposes of the authorised works, and
(b) so much of the land specified in columns (1) and (2) of Schedule 2 to this Order (being land shown on the land plan and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that Schedule;
and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its railway undertaking.
(2) This article is subject to article 19(2) (cases where powers of acquisition limited to subsoil) and article 21(8) (temporary use of land for construction of works) below.
NOTE This version of article 15 is for adoption by promoters whose plans do not show limits of deviation for the scheduled works.
16 

(1) Part I of the 1965 Act, insofar as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order—
(a) as it applies to a compulsory purchase to which the  Acquisition of Land Act 1981 applies, and
(b) as if this Order were a compulsory purchase order under that Act.
(2) Part I of the 1965 Act, as so applied, shall have effect as if—
(a) section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and
(b) in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days notice) for the reference to 14 days notice there were substituted—
(i) in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month, or
(ii) in any other case, a reference to notice of 3 months.
17 

(1) The undertaker may compulsorily acquire such easements or other rights over any land referred to in paragraph (1)(a) or (b) of article 15 (power to acquire land) above 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 6 to this Order), where the undertaker acquires a right over land under paragraph (1) above the undertaker shall not be required to acquire a greater interest in it.
(3) Schedule 6 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.
18 

(1) The undertaker may compulsorily acquire so much of the subsoil of the land referred to in paragraph (1)(a) or (b) of article 15 (power to acquire land) above 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) above the undertaker shall not be required to acquire an interest in any other part of the land.
(3) Paragraph (2) above shall not prevent article 24 (acquisition of part of certain properties) below from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
19 

(1) This article applies to the land specified in Schedule 7 to this Order.
(2) In the case of land to which this article applies, the undertaker’s powers of compulsory acquisition under article 15 (power to acquire land) above shall be limited to the acquisition of, or of rights in, so much of the subsoil of the land as may be required for the purposes of the authorised works.
(3) Where the undertaker acquires any part of, or rights in, the subsoil of land to which this article applies, it shall not be required to acquire a greater interest in the land or an interest in any other part of it.
(4) References in this article to the subsoil of land are references to the subsoil lying more than 9 metres beneath the level of the surface of the land; and for this purpose “the level of the surface of the land” means—
(a) in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building,
(b) in the case of a river, dock, canal, navigation, watercourse or other water area, the level of the surface of the ground nearest to it which is at all times above water level, or
(c) in any other case, ground surface level.
20 

(1) The undertaker may enter upon and appropriate so much of the subsoil of any street shown on the land plan and described in the book of reference as may be required for the purposes of the authorised works and may use the subsoil for those purposes or any other purpose connected with or ancillary to its railway undertaking.
(2) The power under paragraph (1) above 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.
(3) The undertaker shall not be required to pay any compensation for the exercise of the powers conferred by paragraph (1) above where the street is a highway; but where the street is not a highway any person suffering loss by the exercise of that power shall be entitled to compensation to be determined, in case of dispute, under Part I of the  Land Compensation Act 1961.
(4) Paragraphs (2) and (3) above shall not apply in relation to—
(a) any subway or underground building, or
(b) any cellar, vault, arch or other construction in or on a street which forms part of a building fronting onto the street.
21 

(1) The undertaker may, in connection with the carrying out of the authorised works—
(a) enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 8 to this Order for the purpose specified in relation to that land in column (3)of that Schedule relating to the authorised works specified in column (4) of that Schedule,
(b) remove any buildings and vegetation from that land, and
(c) construct temporary works (including the provision of means of access) and buildings on the land.
(2) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
(3) The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work or works specified in relation to that land in column (4) of Schedule 8 to this Order.
(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker shall not be required to replace a building removed under this article.
(5) The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
(6) Any dispute as to a person’s entitlement to compensation under paragraph (5) above, or as to the amount of the compensation, shall be determined under Part I of the  Land Compensation Act 1961.
(7) Without prejudice to article 33 (no double recovery) below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5) above.
(8) The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1) above except that the undertaker shall not be precluded from—
(a) acquiring new rights over any part of that land under article 17 (powers to acquire new rights) above, or
(b) acquiring any part of the subsoil (or rights in the subsoil) of that land under article 18 (powers to acquire subsoil only) above or in accordance with article 19 (cases where powers of acquisition limited to subsoil) above.
(9) Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
(10) In this article “building” includes structure or any other erection.
22 

(1) At any time during the maintenance period relating to any of the scheduled works, the undertaker may—
(a) enter upon and take temporary possession of any land within [] metres from that work if such possession is reasonably required for the purpose of, or in connection with, maintaining the work or any ancillary works connected with it,
(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
(2) Paragraph (1) above shall not authorise the undertaker to take temporary possession of—
(a) any house or garden belonging to a house, or
(b) any building (other than a house) if it is for the time being occupied.
(3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.
(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
(6) The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
(7) Any dispute as to a person’s entitlement to compensation under paragraph (6) above, or as to the amount of the compensation, shall be determined under Part I of the  Land Compensation Act 1961.
(8) Without prejudice to article 33 (no double recovery) below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6) above.
(9) Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
(10) In this article—
(a) “the maintenance period”, in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use,
(b) “building” includes structure or any other erection, and
(c) any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of the point on the surface below which the work is situated.
23 

(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—
(a) any interest in land, or
(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
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) above “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.
24 

(1) This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 16 (application of Part I of  Compulsory Purchase Act 1965) above) in any case where—
(a) a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”), and
(b) a copy of this article is served on the owner with the notice to treat.
(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—
(a) without material detriment to the remainder of the land subject to the counter-notice, or
(b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
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—
(a) without material detriment to the remainder of the land subject to the counter-notice, or
(b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
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—
(a) the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice, but
(b) the material detriment is confined to a part of the land subject to the counter-notice,
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—
(a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and
(b) that the material detriment is not confined to a part of the land subject to the counter-notice,
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 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.
25 

(1) All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished—
(a) as from the acquisition of the land by the undertaker, whether compulsorily or by agreement, or
(b) on the entry on the land by the undertaker under section 11(1) of the 1965 Act,
whichever is sooner.
(2) 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.
(3) 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  Land Compensation Act 1961.
(4) This article does not apply in relation to any right of way to which section 271 or 272 of the  Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) or paragraph 2 of Schedule 9 (provisions relating to statutory undertakers etc.) to this Order applies.
26 

(1) The powers conferred by this Order to acquire land or rights over land compulsorily, and the power conferred by article 21 (temporary use of land for construction of works) above to enter upon and take temporary possession of land, shall cease at the end of the period of 5 years beginning on the day on which this Order comes into force.
(2) Paragraph (1) above shall not prevent the undertaker remaining in possession of land in accordance with article 21 above after the end of that period, if the land was entered and possession of it was taken before the end of that period.
PART IV
27 
The undertaker may operate and use the railways and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.
28 

(1) Where pursuant to regulations made under section 41 of the  Transport and Works Act 1992 (approval of works, plant and equipment) approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the railways authorised by this Order, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railways so authorised.
(2) If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
29 
A person who—
(a) enters a factory, workshop or workplace in pursuance of the provisions of article 13 (safeguarding works to buildings) or 14 (power to survey and investigate land) above, and
(b) discloses to any person any information obtained by him relating to any manufacturing process or trade secret,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.
30 
The provisions of Schedule 9 (provisions relating to statutory undertakers etc.) to this Order shall have effect.
31 
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the sections, the land plan and the works plan to the Secretary of State for certification that they are, respectively, the book of reference, sections and plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of its contents.
32 

(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 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) above is, if he has given an address for service, that address, and otherwise—
(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
(b) in any other case, his last known address at the time of service.
(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—
(a) addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
(5) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
33 
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.
34 
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.
SCHEDULE 1
Article 1



SCHEDULE 2
Articles 3 and 15


(1) (2) (3)
Area Number of land shown on land plan Purpose for which land may be acquired
  
SCHEDULE 3
Article 5


(1) (2)
Area Street subject to street works
 
SCHEDULE 4
Article 6
PART I

(1) (2) (3) (4)
Area Street to be stopped up Extent of stopping up New street to be substituted
   
PART II

(1) (2) (3)
Area Street to be stopped up Extent of stopping up
  
SCHEDULE 5
Article 7


(1) (2) (3)
Area Street to be stopped up Extent of temporary stopping up
  
SCHEDULE 6
Article 17
1 
The enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.
2 

(1) Without prejudice to the generality of paragraph 1 above, the  Land Compensation Act 1973 shall have effect subject to the modifications set out in sub-paragraphs (2) and (3) below.
(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4 below—
(a) for the words “land is acquired or taken” there shall be substituted the words “a right over land is purchased”, and
(b) for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.
(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 below—
(a) for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over land consisting”,
(b) for the word “severance” there shall be substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”,
(c) for the words “part proposed” there shall be substituted the words “right proposed”, and
(d) for the words “part is” there shall be substituted the words “right is”.
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 to be read (according to the requirements of the particular context) as referring to, or as including references to—
(a) the right acquired or to be acquired, or
(b) the land over which the right is or is to be exercisable.
(2) Without prejudice to the generality of sub-paragraph (1) above, 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—“
7 
In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage(if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”
5 
For section 8 of the 1965 Act (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following—“
8 

(1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—
(a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal (“the tribunal”); and
(b) before the tribunal has determined that question the person satisfies the tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and—
(i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land, or
(ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,
the [] Order 199[] (“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—
(a) section 9(4) (failure by owners to convey),
(b) paragraph 10(3) of Schedule 1 (owners under incapacity),
(c) paragraph 2(3) of Schedule 2 (absent and untraced owners), and
(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),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.
SCHEDULE 7
Article 19


(1) (2)
Area Number of land shown on land plan
 
SCHEDULE 8
Article 21


(1) (2) (3) (4)
Area Number of land shown on land plan Purpose for which temporary possession may be taken Authorised work
   
SCHEDULE 9
Article 30
1 

(1) Sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers etc. and power of statutory undertakers etc. to remove or re-site apparatus) shall apply in relation to any land acquired or appropriated by the undertaker under this Order subject to the following provisions of this paragraph; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) shall have effect accordingly.
(2) In the provisions of the 1990 Act, as applied by sub-paragraph (1) above, references to the appropriate Minister are references to the Secretary of State.
(3) Where any apparatus of public utility undertakers or of a public telecommunications operator is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1) above, any person who is the owner or occupier of premises to which a supply was given from that apparatus 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 effecting a connection between the premises and any other apparatus from which a supply is given.
(4) Sub-paragraph (3) above shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—
(a) the owner or occupier of premises the drains of which communicated with that sewer, or
(b) the owner of a private sewer which communicated with that sewer,
shall be entitled to recover from the undertaker compensation in respect of expenditure recently 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) above, as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 below or Part III of the  New Roads and Street Works Act 1991 applies.
(6) In this paragraph—
 “the 1990 Act” means the  Town and Country Planning Act 1990;
 “public telecommunications operator” means—
(a) a person authorised, by a licence to which section 9 of the  Telecommunications Act 1984 applies, to run a public telecommunications system, or
(b) a person to whom the telecommunications code has been applied pursuant to section 10 of that Act; and
 “public utility undertakers” has the same meaning as in the  Highways Act 1980.
2 

(1) Where a street is stopped up under article 6 (permanent stopping up of streets) of this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.
(2) Where a street is stopped up under article 6 (permanent stopping up of streets) of this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street may and, if reasonably requested so to do by the undertaker, shall—
(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it, or
(b) provide other apparatus in substitution for the existing apparatus and place it in such position as aforesaid.
(3) 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 utility in or in connection with—
(a) the execution of relocation works required in consequence of the stopping up of the street, and
(b) the doing of any other work or thing rendered necessary by the execution of relocation works.
(4) If in the course of the execution of relocation works under sub-paragraph (2) above—
(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, or
(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,
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, 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 paragraph would be payable to the statutory utility by virtue of sub-paragraph (3) above shall be reduced by the amount of that excess.
(5) For the purposes of sub-paragraph (4) above—
(a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus, and
(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.
(6) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (3) above (and having regard, where relevant, to sub-paragraph (4) above) 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.
(7) Sub-paragraphs (3) to (6) above shall not apply where the authorised works constitute major transport works for the purposes of Part III of the  New Roads and Street Works Act 1991, but instead—
(a) the allowable costs of the relocation works shall be determined in accordance with section 85 of that Act (sharing of cost of necessary measures) and any regulations for the time being having effect under that section, and
(b) the allowable costs shall be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.
(8) In this paragraph—
 “apparatus” has the same meaning as in Part III of the New Roads and Street Works Act 1991;
 “relocation works” means works executed, or apparatus provided, under sub-paragraph (2)above; and
 “statutory utility” means a statutory undertaker for the purposes of the  Highways Act 1980 or a public telecommunications operator as defined in paragraph 1(6) above.
3 

(1) Subject to the following provisions of this paragraph, the powers under article 5 (power to execute street works) of this Order to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the  Highways Act 1980)—
(a) is under the control or management of, or is maintainable by, railway or tramway undertakers or a navigation authority, or
(b) forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,
except with the consent of the undertakers or authority or, as the case may be, of the person to whom the level crossing belongs.
(2) Sub-paragraph (1) above shall not apply to the carrying out under this Order of emergency works, within the meaning of Part III of the  New Roads and Street Works Act 1991.
(3) A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.
(4) In this paragraph “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.
ADDITIONAL MODEL CLAUSES RELATING TO LEVEL CROSSINGS
LC1 

(1) In this article—
 “barrier” includes gate;
 “the highway authority” means [];
 “the new highway” means [] proposed to be constructed by the highway authority;
 “the new level crossing” means a new level crossing in [] at the point (at or in the vicinity of reference point [] where the new highway will cross the railway;
 “protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the  Road Traffic Regulation Act 1984), manual, mechanical, automatic, electrical or telephonic equipment or other devices;
 “the railway” means []
(2) The highway authority and the undertaker may enter into agreements with respect to the construction and maintenance of the new level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
(3) The undertaker may provide, maintain and operate at or near the new level crossing such barriers or other protective equipment as the Secretary of State may in writing approve.
LC2 

(1) In this article—
 “barrier” includes gate;
 “the existing level crossing” means [];
 “the highway authority” means [];
 “the level crossing enactments” means [];
 “the new highway” means [] proposed to be constructed by the highway authority;
 “the new level crossing” means a new level crossing in [] at the point (at or in the vicinity of reference point []) where the new highway will cross the railway;
 “protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the  Road Traffic Regulation Act 1984), manual, mechanical, automatic, electronic or telephonic equipment or other devices;
 “the railway”means [].
(2) The highway authority and the undertaker may enter into agreements with respect to the construction and maintenance of the new level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
(3) The undertaker may provide, maintain and operate at or near the new level crossing such barriers or other protective equipment as the Secretary of State may in writing approve.
(4) As from the completion and opening for public use of the new level crossing all rights of way over the existing level crossing shall be extinguished (subject to paragraph 2 of Schedule 9 (provisions relating to statutory undertakers etc.) to this Order ) and the provisions of the level crossing enactments shall cease to apply to it.
(5) 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  Land Compensation Act 1961.
NOTE This article should be expressed to be subject to provisions equivalent to paragraph 2 of Schedule 9.
LC3 

(1) In this article—
 “the highway authority” means [];
 “the level crossing” means [];
 “the level crossing enactments” means [];
 “the new accommodation works” means [];
 “the railway” means [];
 “the [road/bridleway/footpath]” means [].
(2) [Subject to paragraphs (3) and (4) below] the undertaker may stop up so much of the [road/bridleway/footpath] as lies within the boundaries of land owned by the undertaker.
(3) Upon the stopping up of the part of the [road/bridleway/footpath] referred to in paragraph (2) above, any right of way [other than a right of way on foot or on a pedal cycle or on horseback or leading a horse] over that part shall be extinguished (subject to paragraph 2 of Schedule 9 (provisions relating to statutory undertakers etc.) to this Order) and the level crossing enactments shall cease to apply to the level crossing.
[(4) Paragraphs (2) and (3) above shall not take effect until the new accommodation works have been completed and are open for use.]
(5) 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  Land Compensation Act 1961.
NOTE This article should be expressed to be subject to provisions equivalent to paragraph 2 of Schedule 9.
LC4 

(1) In this article—
 “the level crossing” means [];
 “the level crossing enactments” means [];
 “the protective works” means [];
 “the railway” means [];
 “the road” means [].
(2) Subject to paragraphs (3) to (5) below, the undertaker may stop up so much of the road as lies within the boundaries of land owned or occupied by the undertaker.
(3) Upon the stopping up of the part of the road referred to in paragraph (2) above, any right of way [other than a right of way on foot or on pedal cycle or on horseback or leading a horse] over that part shall be extinguished (subject to paragraph 2 of Schedule 9 (provisions relating to statutory undertakers etc. ) to this Order) and the level crossing enactments shall cease to apply to the level crossing.
(4) The undertaker shall—
(a) provide and maintain the protective works, and
(b) maintain the level crossing (including the gates) for the benefit of the owners and occupiers of the land adjoining the railway including, in particular, the owners and occupiers of any land crossed by the railway.
(5) 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 Land Compensation Act 1961.
NOTE This article should be expressed to be subject to provisions equivalent to paragraph 2 of Schedule 9.
SCHEDULE 2
Article 2(b)
ARRANGEMENT OF CLAUSESPART IPRELIMINARY1Interpretation2Application of enactments relating to railwaysPART IIWORKS PROVISIONSPrincipal powers3Power to construct works4Power to deviateStreets5Power to alter layout of streets6Power to keep apparatus in streets7Power to execute street works8Permanent stopping up of streets9Temporary stopping up of streets10Access to works11Construction and maintenance of new or altered streets12Construction of bridges and tunnels13Restoration of streets if tramway discontinued14Agreements with street authorities15Level crossingsSupplemental16Attachment of equipment to buildings for purposes of tramway17Discharge of water18Safeguarding works to buildings19Power to construct temporary tramways20Power to survey and investigate land21Mode of construction and operation of tramwayPART IIIACQUISITION AND POSSESSION OF LANDPowers of acquisition22Power to acquire land [version A: limits of deviation]22Power to acquire land [version B: specified parcels of land]23Application of Part I of Compulsory Purchase Act 196524Powers to acquire new rights25Powers to acquire subsoil only26Cases where powers of acquisition limited to subsoil27Rights under or over streetsTemporary possession of land28Temporary use of land for construction of works29Temporary use of land for maintenance of worksCompensation30Disregard of certain interests and improvementsSupplementary31Acquisition of part of certain properties32Extinction or suspension of private rights of way33Time limit for exercise of powers of acquisitionPART IVOPERATION OF TRAMWAY SYSTEM34Power to operate and use tramway system35Maintenance of approved works etc36Power to charge fares37Removal of obstructions38Traffic control39Power to lop trees overhanging tramway40Trespass on tramroads41Obstruction of construction of tramway42Power to make byelaws43Power to contract for police servicesPART VMISCELLANEOUS AND GENERAL44Power to lease or charge tramway system45Disclosure of confidential information46Statutory undertakers etc47Minerals48Saving for highway authorities49Certification of plans etc50Service of notices51No double recovery52ArbitrationSCHEDULESSchedule 1Scheduled worksSchedule 2Acquisition of certain landSchedule 3Streets subject to alteration of layoutSchedule 4Streets to be permanently stopped upPart IStreets for which a substitute is to be providedPart IIStreets for which no substitute is to be providedSchedule 5Streets to be temporarily stopped upSchedule 6Level crossingsSchedule 7Modification of compensation and compulsory purchase enactments for creation of new rightsSchedule 8Land of which only subsoil may be acquiredSchedule 9Land of which temporary possession may be takenSchedule 10Provisions relating to statutory undertakers etc
PART I
1 

(1) In this Order, unless the context otherwise requires—
 “the 1965 Act” means the  Compulsory Purchase Act 1965;
 “the Applications Rules” means the  Transport and Works (Applications and Objections Procedure) Rules 1992;
 “authorised street tramway” means any street tramway authorised by this Order;
 “authorised tramroad” means any tramroad authorised by this Order;
 “authorised tramway” means the tramway (consisting of the authorised street tramways and the authorised tramroads) authorised by this Order;
 “authorised works” means the scheduled works and any other works authorised by this Order;
 “the book of reference” means the book of reference described in rule 7(5) of the Applications Rules prepared in connection with the application for this Order;
 “carriageway” has the same meaning as in the  Highways Act 1980;
 “highway” and “highway authority” have the same meaning as in the Highways Act 1980;
 “the land plan” means the plan described in rule 7(3) of the Applications Rules prepared in connection with the application for this Order and references to land shown on that plan are references to the land so shown in pursuance of that rule;
 “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
 “owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
 “reserved track tramway” means any section of a street tramway laid along part of a street which vehicles other than tramcars are deterred or prevented from using;
 “the scheduled works” means the works specified in Schedule 1 to this Order;
 “the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order;
 “street” means a street within the meaning of section 67(1)(a) of the  Transport and Works Act 1992 and includes part of a street;
 “street authority”, in relation to a street, has the same meaning as in Part III of the  New Roads and Street Works Act 1991;
 “street tramway” means any part of a tramway which is laid along a street—
(a) whether or not the section of the street in which its rails are laid may be used by other traffic, or
(b) whether the uppermost surface of the rails is level with, or raised above, the surrounding surfaces of the street;
 “tramcar” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;
 “tramroad” means any part of a tramway which is not a street tramway;
 “tramway” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which—
(a) provide support and guidance for vehicles carried on flanged wheels, and
(b) are laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
 “the tribunal” means the Lands Tribunal;
 “the undertaker” means [];
 “vehicle” includes mobile traction unit;
 “the works plan” means the plan described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order.
(2) Where the book of reference, the sections, the land plan or the works plan was or were revised before this Order was made, any reference to it or them in this Order is to the latest version as certified under article 49 (certification of plans etc.) below.
(3) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
2 

(1) The following provisions of the  Railways Clauses Consolidation Act 1845 shall be incorporated in this Order but shall apply only in relation to the authorised tramroads—
 section 46 (crossing of roads—level crossings);
 section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
 section 61 (company to make sufficient approaches and fences to highways crossing on the level);
 section 68 (accommodation works by company);
 section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
 sections 72 and 73 (supplementary provisions relating to accommodation works);
 section 75 (omission to fasten gates);
 section 77 (presumption that minerals excepted from acquisition of land);
 sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the  Mines (Working Facilities and Support) Act 1923;
 section 145 (recovery of penalties); and
 section 152 (damage to property of company to be made good), except for the words from “and the amount of such damages” to the end.
(2) In those provisions, as incorporated in this Order—
 “the company” means the undertaker;
 “goods” includes any thing conveyed on the authorised tramroads;
 “lease” includes an agreement for a lease;
 “prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
 “the railway” means the authorised tramroads and, except where the context otherwise requires, any authorised works ancillary to the authorised tramroads;
 “the special Act” means this Order;
 “toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any authorised tramroad.
(3) In section 46 of the said Act of 1845, as incorporated in this Order, for the proviso there shall be substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”.
(4) The provisions of the Regulation of Railways Acts 1840 to 1893, except the provisions of the  Regulation of Railways Act 1871, shall not apply in relation to the authorised tramway.
(5) The provisions of the  Highway (Railway Crossings) Act 1839 shall not apply in relation to the authorised tramway.
(6) Nothing in this article shall be taken as affecting the application to the authorised tramroads of sections 32 to 34 of the  Offences Against the Person Act 1861.
PART II
3 

(1) The undertaker may construct and maintain—
(a) the tramroads described (as Works Nos.[]) in Schedule 1 to this Order,
(b) the street tramways described (as Works Nos.[]) in that Schedule, and
(c) the other scheduled works.
(2) Subject to article 4 (power to deviate) below, the scheduled works shall be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the sections.
(3) Subject to paragraph (5) below, 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, or in connection with, the control of traffic on the authorised tramway,
(b) works to alter the position of apparatus, including mains, sewers, drains and cables,
(c) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
(d) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works, and
(e) works for the benefit or protection of premises affected by the scheduled works.
(4) Subject to paragraph (5) below, the undertaker may carry out 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) Paragraphs (3) and (4) above—
(a) shall only authorise the carrying out or maintenance or works outside the [limits of deviation for] [lines or situations of] the scheduled works shown on the works plan or, where article 4(2) (power to deviate) applies, outside the boundaries of the street in question, if the works are carried out on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule, and
(b) shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
NOTE In paragraph (5)(a) second set of square bracketed words to be used, instead of first, if version B of article 22 (power to acquire land) is adopted.
4 

(1) In constructing or maintaining any of the scheduled works, the undertaker may—
[(a) deviate laterally from the lines or situations shown on the works plan within the limits of deviation for that work shown on that plan, and
(b) ]deviate vertically from the levels shown on the sections—
(i) to any extent not exceeding [] upwards, or
(ii) to any extent not exceeding [] downwards.
(2) In constructing any work shown on the works plan as situated in a street and for which no limits of deviation are shown on that plan the undertaker may deviate laterally within the boundaries of that street.
(3) The undertaker may in constructing or maintaining any of the authorised tramroads or 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) above 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.
NOTE Words in square brackets to be omitted if version B of article 22 (power to acquire land) is adopted.
5 

(1) The undertaker may alter the layout of any street specified in columns (1) and (2) of Schedule 3 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) above but subject to paragraph (3) below, the undertaker may for the purpose of constructing, maintaining or using any authorised street tramway alter the layout of the street along which the tramway is laid; and, without prejudice to the generality of the foregoing, the undertaker may—
(a) increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street,
(b) alter the level of any such kerb, footpath, 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 to the carriageway of the street for the purpose of deterring or preventing vehicles other than tramcars from passing along the tramway, and
(e) make and maintain crossovers, sidings or passing places.
(3) The powers in paragraph (2) above shall not be exercised without the consent of the street authority, but such consent shall not be unreasonably withheld.
6 

(1) The undertaker may, for the purposes of or in connection with the construction, maintenance and use of any authorised street tramway, place and maintain in any street along which the tramway is laid 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) In this article—
(a) “apparatus” has the same meaning as in Part III of the  New Roads and Street Works Act 1991,
(b) “electric line” has the meaning given by section 64(1) of the  Electricity Act 1989, and
(c) 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.
7 

(1) The undertaker may, for the purpose of exercising the powers conferred by article 6 (power to keep apparatus in streets) above and the other provisions of this Order, enter upon any street along which any authorised street tramways are laid 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) This article is subject to paragraph 3 of Schedule 10 (provisions relating to statutory undertakers etc.) to this Order.
8 

(1) Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised works, permanently stop up each of the streets specified in columns (1) and (2) of Parts I and II of Schedule 4 to this Order to the extent specified, by reference to the letters and numbers shown on the works plan, in column (3) of Parts I and II of that Schedule.
(2) No street specified in columns (1) and (2) of Part I of Schedule 4 (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 until the new street to be substituted for it, and which is specified in relation to it by reference to the letters and numbers shown on the works plan in column (4) of that Part of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use.
(3) No street specified in columns (1) to (3) of Part II of Schedule 4 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) below 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) above is that—
(a) the undertaker 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 permanently stopped up under this article—
(a) all rights of way over or along the street so stopped up shall be extinguished, and
(b) the undertaker may, without making any payment but subject to the provisions of sections 77 to 85E of, and Schedules 1 to 3 to, the  Railways Clauses Consolidation Act 1845 (which, as incorporated by this Order, relate to minerals under the authorised tramroads), appropriate and use for the purposes of its tramway undertaking so much of the site of the street as is bounded on both sides by land owned by the undertaker.
(6) 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  Land Compensation Act 1961.
(7) This article is subject to paragraph 2 of Schedule 10 (provisions relating to statutory undertakers etc.) to this Order.
9 

(1) The undertaker, during and for the purposes of the execution of the authorised works, may 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 (2) below, prevent all persons from passing along the street.
(2) The undertaker shall provide 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.
(3) Without prejudice to the generality of paragraph (1) above, the undertaker may exercise the powers of this article in relation to the streets specified in columns (1) and (2) of Schedule 5 to this Order to the extent specified, by reference to the letters and numbers shown on the works plan, in column (3) to that Schedule.
(4) The undertaker shall not exercise the powers of this article—
(a) in relation to any street specified as mentioned in paragraph (3) above 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.
(5) The provisions of the  New Roads and Street Works Act 1991 mentioned in paragraph (6) below 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 article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the undertaker.
(6) The provisions of the New Roads and Street Works Act 1991 referred to in paragraph (5) above are—
 section 54 (advance notice of certain works);
 section 55 (notice of starting date of works);
 section 59 (general duty of street authority to co-ordinate works);
 section 60 (general duty of undertakers to co-operate);
 section 69 (works likely to affect other apparatus in the street);
 section 76 (liability for cost of temporary traffic regulation);
 section 77 (liability for cost of use of alternative route); andall such other provisions as apply for the purposes of the provisions mentioned above.
10 
The undertaker may, for the purposes of the scheduled works, form and lay out means of access or improve existing means of access in such location or locations within the [limits of deviation for] [lines or situations of] those works shown on the works plan or, where article 4(2) (power to deviate) above applies, within the boundaries of the street in question as may be approved by the highway authority, but such approval shall not be unreasonably withheld.
NOTE Second set of square bracketed works to be used, instead of first, if version B of article 22 (power to acquire land) is adopted.
11 

(1) Any street (other than [specified private streets] ) to be constructed under this Order shall be completed to the reasonable satisfaction of the highway authority and shall, unless otherwise agreed, be maintained by and at the expense of the undertaker for a period of 24 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 the undertaker for a period of 24 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) above do not apply in relation to the structure of any bridge or tunnel carrying a street over or under any tramroad of the undertaker.
(4) Nothing in this article shall prejudice the operation of section 87 of the  New Roads and Street Works Act 1991 (prospectively maintainable highways); and the undertaker shall not by reason of any duty under this article to maintain a street be taken to be the street authority in relation to that street for the purposes of Part III of that Act.
(5) Nothing in this article shall have effect in relation to street works as respects which the provisions of Part III of the New Roads and Street Works Act 1991 apply.
NOTE Where a private street is to be constructed it should be excepted from paragraph (1) and the article should specify the person by whom the street is to be maintained at the expiry of the 24-month period.
12 
Any bridge or tunnel to be constructed under this Order for carrying a highway over or under a tramroad shall be constructed in accordance with plans and specifications approved by the highway authority, but such approval shall not be unreasonably withheld.
13 
If the undertaker 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 the 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 to as good a condition as that in which it was before the tramway was laid.
14 

(1) A street authority and the undertaker may enter into agreements with respect to—
(a) the construction of any new street (including any structure carrying the street over or under a tramroad) under the powers conferred by this Order,
(b) the maintenance of the structure of any bridge or tunnel carrying a street over or under a tramroad,
(c) any stopping up, alteration or diversion of a street under the powers conferred by this Order, or
(d) the execution in the street of any of the works referred to in article 7(1) (power to execute street works) above.
(2) Such an agreement may, without prejudice to the generality of paragraph (1) above—
(a) delegate to the street authority 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.
15 

(1) The undertaker may construct the authorised tramways so as to carry them on the level across the highways specified in Schedule 6 to this Order.
(2) The undertaker may provide, maintain and operate at or near any new level crossing such barriers or other protective equipment as the Secretary of State may in writing approve.
(3) Without prejudice to the generality of article 5 (power to alter layout of streets) above, the undertaker may in the exercise of the powers of this article alter the level of any highway specified in Schedule 6 to this Order.
(4) The highway authority may enter into agreements with the undertaker with respect to the construction and maintenance of any new level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
(5) In this article—
 “barrier” includes gate;
 “new level crossing” means the place at which an authorised tramroad crosses a highway on the level under the powers conferred by this article;
 “protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the  Road Traffic Regulation Act 1984), manual, mechanical, automatic, electrical or telephonic equipment or other devices.
16 

(1) Subject to the following provisions of this article, the undertaker may affix to any building any brackets, cables, wires, insulators and other apparatus required in connection with the authorised tramway.
(2) The undertaker shall not under this article affix any apparatus to a building without the 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.
(3) Where—
(a) the undertaker 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.
(4) Where apparatus is affixed to a building under this article—
(a) any owner for the time being of the building may serve on the undertaker not less than 28 days notice requiring the undertaker at its own expense temporarily to remove the apparatus during any reconstruction or repair of the building if such removal is reasonably necessary for that purpose, and
(b) the undertaker shall have the right as against any person having an interest in the building to maintain the apparatus.
(5) The undertaker 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 (4)(b) above; 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  Land Compensation Act 1961.
(6) 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 the 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.
17 

(1) The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown on the land plan or in any street along which any authorised street tramway is laid, 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.
(7) In this article—
(a) “public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the National Rivers Authority, an internal drainage board, a local authority, a joint planning board, the Commission for the New Towns, an urban development corporation or a harbour authority within the meaning of the  Harbours Act 1964,
(b) “watercourse” includes all 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.
18 

(1) Subject to the following provisions of this article the undertaker may at its own expense and from time to time carry out such safeguarding works to any building lying within—
(a) [] metres of any authorised works relating to the construction of an underground tramroad or street tramway, or
(b) [] metres of any other authorised works,
as the undertaker 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, or
(b) after the completion of the construction of that part of the authorised works, 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 the undertaker may enter and survey any building falling within paragraph (1) above and any land belonging to it.
(4) For the purpose of carrying out safeguarding works under this article to a building the undertaker may (subject to paragraphs (5) and (6) below)—
(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) above to carry out safeguarding works to a building,
(b) a right under paragraph (3) above to enter a building,
(c) a right under paragraph (4)(a) above to enter a building or land, or
(d) a right under paragraph (4)(b) above to enter land,
the undertaker 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) above, specifying the safeguarding works proposed to be carried out.
(6) Where notice is served under paragraph (5)(a), (c) or (d) above, 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 52 (arbitration) below.
(7) The undertaker 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,
the undertaker shall compensate the owners and occupiers of the building for any damage sustained by them.
(9) Nothing in this article shall relieve the undertaker from any liability to pay compensation under section 10(2) of the 1965 Act.
(10) Any compensation payable under paragraph (7) or (8) above shall be determined, in case of dispute, under Part I of the  Land Compensation Act 1961.
(11) In this article—
(a) “building” includes any structure or erection or any part of a building, structure or erection,
(b) any reference to a building within a specified distance of a work includes—
(i) in the case of a work under the surface of the ground, a reference to any building within the specified distance of the point on the surface below which the work is situated, and
(ii) where a work has not commenced, a reference to a building within the specified distance of the proposed site of the work, and
(c) “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, and
(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.
NOTE The specified distance is normally 50 metres in the case of an underground tramroad or underground street tramway and 35 metres in the case of other tramway works.
19 

(1) The undertaker may, if it considers it necessary or expedient in consequence of any street 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 or near to that street a temporary tramway in lieu of the authorised street tramway.
(2) The powers conferred by this article may only be exercised with the consent of the highway authority but such consent shall not be unreasonably withheld.
(3) The provisions of article 38 (traffic control) below shall apply in relation to temporary tramways laid under this article as they apply in relation to authorised street tramways.
(4) In this article “street works” has the same meaning as in Part III of the  New Roads and Street Works Act 1991.
20 

(1) The undertaker may for the purposes of this Order—
(a) survey or investigate any land shown on the land plan or which may be affected by the authorised works,
(b) without prejudice to the generality of sub-paragraph (a) above, make trial holes in such positions as the undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples,
(c) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes, and
(d) enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (c) above.
(2) No land may be entered, or equipment placed or left on or removed from the land under paragraph (1) above, 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—
(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) 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  Land Compensation Act 1961.
21 

(1) The authorised tramway shall be operated by electricity or, in an emergency or for the purposes of maintenance, by diesel power or other means.
(2) The authorised tramway shall be constructed on a nominal gauge of 1,435 millimetres.
(3) The authorised street tramways (other than any reserved track tramways) shall be so constructed and maintained as to ensure that the uppermost surface of the rails is level with the surrounding surfaces of the street in which they are laid.
PART III
22 

(1) The undertaker may acquire compulsorily—
(a) so much of the land shown on the land plan within the limits of deviation for the scheduled works shown on that plan and described in the book of reference as may be required for the purposes of the authorised works, and
(b) so much of the land specified in columns (1) and (2) of Schedule 2 to this Order (being land shown on the land plan and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that Schedule;
and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its tramway undertaking.
(2) This article is subject to article 26(2) (cases where powers of acquisition limited to subsoil) and article 28(8) (temporary use of land for construction of works) below.
NOTE This version of article 22 is for adoption by promoters whose plans show limits of deviation for the scheduled works.
22 

(1) The undertaker may acquire compulsorily—
(a) so much of the land shown on the land plan and described in the book of reference as may be required for the purposes of the authorised works, and
(b) so much of the land specified in columns (1) and (2) of Schedule 2 to this Order (being land shown on the land plan and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that Schedule;
and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its tramway undertaking.
(2) This article is subject to article 26(2) (cases where powers of acquisition limited to subsoil) and article 28(8) (temporary use of land for construction of works) below.
NOTE This version of article 22 is for adoption by promoters whose plans do not show limits of deviation for the scheduled works.
23 

(1) Part I of the 1965 Act, insofar as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order—
(a) as it applies to a compulsory purchase to which the  Acquisition of Land Act 1981 applies, and
(b) as if this Order were a compulsory purchase order under that Act.
(2) Part I of the 1965 Act, as so applied, shall have effect as if—
(a) section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and
(b) in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days notice) for the reference to 14 days notice there were substituted—
(i) in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month, or
(ii) in any other case, a reference to notice of 3 months.
24 

(1) The undertaker may compulsorily acquire such easements or other rights over any land referred to in paragraph (1)(a) or (b) of article 22 (power to acquire land) above 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 7 to this Order), where the undertaker acquires a right over land under paragraph (1) above the undertaker shall not be required to acquire a greater interest in it.
(3) Schedule 7 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.
25 

(1) The undertaker may compulsorily acquire so much of the subsoil of the land referred to in paragraph (1)(a) or (b) of article 22 (power to acquire land) above 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) above the undertaker shall not be required to acquire an interest in any other part of the land.
(3) Paragraph (2) above shall not prevent article 31 (acquisition of part of certain properties) below from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
26 

(1) This article applies to the land specified in Schedule 8 to this Order.
(2) In the case of land to which this article applies, the undertaker’s powers of compulsory acquisition under article 22 (power to acquire land) above shall be limited to the acquisition of, or of rights in, so much of the subsoil of the land as may be required for the purposes of the authorised works.
(3) Where the undertaker acquires any part of, or rights in, the subsoil of land to which this article applies, it shall not be required to acquire a greater interest in the land or an interest in any other part of it.
(4) References in this article to the subsoil of land are references to the subsoil lying more than 9 metres beneath the level of the surface of the land; and for this purpose “the level of the surface of the land” means—
(a) in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building,
(b) in the case of a river, dock, canal, navigation, watercourse or other water area, the level of the surface of the ground nearest to it which is at all times above water level, or
(c) in any other case, ground surface level.
27 

(1) The undertaker may enter upon and appropriate so much of the subsoil of, or air-space over, any street shown on the land plan and described in the book of reference as may be required for the purposes of the authorised works and may use the subsoil and air-space for those purposes or any other purpose connected with or ancillary to its tramway undertaking.
(2) The power under paragraph (1) above 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.
(3) The undertaker shall not be required to pay any compensation for the exercise of the powers conferred by paragraph (1) above where the street is a highway; but where the street is not a highway any person suffering loss by the exercise of that power shall be entitled to compensation to be determined, in case of dispute, under Part I of the  Land Compensation Act 1961.
(4) Paragraphs (2) and (3) above shall not apply in relation to—
(a) any subway or underground building, or
(b) any cellar, vault, arch or other construction in or on a street which forms part of a building fronting on to the street.
28 

(1) The undertaker may, in connection with the carrying out of the authorised works—
(a) enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 9 to this Order for the purpose specified in relation to that land in column (3) of that Schedule relating to the authorised works specified in column (4) of that Schedule,
(b) remove any buildings and vegetation from that land, and
(c) construct temporary works (including the provision of means of access) and buildings on the land.
(2) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
(3) The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work or works specified in relation to that land in column (4) of Schedule 9 to this Order.
(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker shall not be required to replace a building removed under this article.
(5) The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
(6) Any dispute as to a person’s entitlement to compensation under paragraph (5) above, or as to the amount of the compensation, shall be determined under Part I of the  Land Compensation Act 1961.
(7) Without prejudice to article 51 (no double recovery) below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5) above.
(8) The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1) above except that the undertaker shall not be precluded from—
(a) acquiring new rights over any part of that land under article 24 (powers to acquire new rights) above, or
(b) acquiring any part of the subsoil (or rights in the subsoil) of that land under article 25 (powers to acquire subsoil only) above or in accordance with article 26 (cases where powers of acquisition limited to subsoil) above.
(9) Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
(10) In this article “building” includes structure or any other erection.
29 

(1) At any time during the maintenance period relating to any of the scheduled works, the undertaker may—
(a) enter upon and take temporary possession of any land within [] metres from that work if such possession is reasonably required for the purpose of, or in connection with, maintaining the work or any ancillary works connected with it,
(b) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
(2) Paragraph (1) above shall not authorise the undertaker to take temporary possession of—
(a) any house or garden belonging to a house, or
(b) any building (other than a house) if it is for the time being occupied.
(3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.
(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
(6) The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
(7) Any dispute as to a person’s entitlement to compensation under paragraph (6) above, or as to the amount of the compensation, shall be determined under Part I of the Land Compensation Act 1961.
(8) Without prejudice to article 51 (no double recovery) below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6) above.
(9) Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
(10) In this article—
(a) “the maintenance period”, in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use,
(b) “building” includes structure or any other erection, and
(c) any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of the point on the surface below which the work is situated.
30 

(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—
(a) any interest in land, or
(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
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) above “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.
31 

(1) This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 23 (application of Part I of  Compulsory Purchase Act 1965) above) in any case where—
(a) a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”), and
(b) a copy of this article is served on the owner with the notice to treat.
(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—
(a) without material detriment to the remainder of the land subject to the counter-notice, or
(b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
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—
(a) without material detriment to the remainder of the land subject to the counter-notice, or
(b) in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
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—
(a) the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice, but
(b) the material detriment is confined to a part of the land subject to the counter-notice,
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—
(a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and
(b) that the material detriment is not confined to a part of the land subject to the counter-notice,
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.
32 

(1) All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished—
(a) as from the acquisition of the land by the undertaker, whether compulsorily or by agreement, or
(b) on the entry on the land by the undertaker under section 11(1) of the 1965 Act,
whichever is sooner.
(2) 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.
(3) 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  Land Compensation Act 1961.
(4) This article does not apply in relation to any right of way to which section 271 or 272 of the  Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) or paragraph 2 of Schedule 10 (provisions relating to statutory undertakers etc.) to this Order applies.
33 

(1) The powers conferred by this Order to acquire land or rights over land compulsorily, and the power conferred by article 28 (temporary use of land for construction of works) above to enter upon and take temporary possession of land, shall cease at the end of the period of 5 years beginning on the day on which this Order comes into force.
(2) Paragraph (1) above shall not prevent the undertaker remaining in possession of land in accordance with article 28 above after the end of that period, if the land was entered and possession of it was taken before the end of that period.
PART IV
34 

(1) The undertaker may operate and use the authorised tramway and the other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.
(2) Subject to paragraph (4) below and to article 44 (power to lease or charge tramway system) below, the undertaker shall, for the purpose of operating the tramway, have the exclusive right—
(a) to use the rails, foundations, cables, masts, overhead wires and other apparatus used for the operation of the tramway, and
(b) to occupy any part of the street in which that apparatus is situated.
(3) Any person who, without the consent of the undertaker or other reasonable excuse, uses the apparatus mentioned in paragraph (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(4) Nothing in this article shall restrict the exercise of any public right of way over any part of a street in which apparatus is situated in pursuance of paragraph (2) above except to the extent that the exercise of the right is constrained by the presence of the apparatus.
35 

(1) Where pursuant to regulations made under section 41 of the  Transport and Works Act 1992 (approval of works, plant and equipment) approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the authorised tramway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the authorised tramway.
(2) If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
36 
The undertaker may demand, take and recover or waive such charges for carrying passengers or goods on the authorised tramway, or for any other services or facilities provided in connection with the operation of the authorised tramway, as it thinks fit.
37 

(1) If any obstruction is caused to tramcars using the authorised tramway by a vehicle waiting, loading, unloading or breaking down on any part of the tramway, the person in charge of the vehicle shall forthwith remove it; and if he fails to do so the undertaker may take all reasonable steps to remove the obstruction and may recover the expenses reasonably incurred in doing so from—
(a) any person by whom the vehicle was put or left so as to become an obstruction to tramcars, or
(b) any person who was the owner of the vehicle at that time unless he shows that he was not, at that time, concerned in or aware of the vehicle being so put or left.
(2) If any obstruction is caused to tramcars using the authorised tramways by a load falling on the tramway from a vehicle, the person in charge of the vehicle shall forthwith remove the load from the tramway; and if he fails to do so, the undertaker may take all reasonable steps to remove the load and may recover the expenses reasonably incurred in doing so from—
(a) any person who was in charge of the vehicle at the time when the load fell from it, or
(b) any person who was the owner of the vehicle at that time unless he shows that he was not concerned in, or aware of, the vehicle being in the place at which the load fell from it.
(3) For the purposes of this article the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and in determining for those purposes who was the owner of a vehicle at any time, it shall be presumed (unless the contrary appears) that the owner was the person in whose name the vehicle was at that time registered under the  Vehicles (Excise) Act 1971.
38 

(1) The undertaker may, for the purposes of, or in connection with the operation of, the authorised street tramways, place or maintain traffic signs of a type prescribed by regulations made under section 64(1)(a) of the  Road Traffic Regulation Act 1984 (“the 1984 Act”) or of a character authorised by the Secretary of State on or near any street along which the authorised street tramways are laid.
(2) The undertaker—
(a) shall consult with the traffic authority as to the placing of signs, and
(b) unless the traffic authority are unwilling to do so and subject to any directions given under section 65 of the 1984 Act, shall enter into arrangements with the traffic authority for the signs to be placed and maintained by the traffic authority.
(3) Any power conferred by section 65 of the 1984 Act to give directions to a traffic authority or local traffic authority as to traffic signs shall include a power to give directions to the undertaker as to traffic signs under this article; and, accordingly, the powers conferred by paragraph (1) above shall be exercisable subject to and in conformity with any directions given under that section.
(4) A traffic authority or other authority having power under or by virtue of the 1984 Act to place and maintain, or cause to be placed and maintained, traffic signs on or near any street along which the authorised street tramways are laid shall consult with the undertaker as to the placing of any traffic sign which would affect the operation of the authorised street tramways.
(5) Tramcars shall be taken to be public service vehicles for the purposes of section 122(2)(c) of the 1984 Act.
(6) Expressions used in this article and in the 1984 Act shall have the same meaning in this article as in that Act.
39 

(1) The undertaker may fell or lop any tree or shrub near any part of the authorised tramway, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—
(a) from obstructing or interfering with the construction, maintenance or operation of the tramway or any apparatus used for the purposes of the tramway, or
(b) from constituting a danger to passengers or other persons using the tramway.
(2) In exercising the powers in paragraph (1) above, the undertaker shall do no unnecessary damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising from the exercise of those powers.
(3) Any dispute as to a person’s entitlement to compensation under paragraph (2) above, or as to the amount of the compensation, shall be determined under Part I of the  Land Compensation Act 1961.
40 

(1) Any person who—
(a) trespasses on any authorised tramroad, or
(b) trespasses upon any land of the undertaker in dangerous proximity to the authorised tramroads or to any electrical or other apparatus used for or in connection with the operation of the authorised tramroads,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) No person shall be convicted of an offence under this article unless it is shown that a notice warning the public not to trespass upon the tramroads was clearly exhibited and maintained at the station or other stopping place on the authorised tramway nearest the place where the offence is alleged to have been committed.
41 
Any person who, without reasonable excuse, obstructs another person from constructing the authorised tramway or any other authorised work under the powers conferred by this Order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
42 

(1) The undertaker may make byelaws regulating the use and operation of, and travel on, the authorised tramway, the maintenance of order on the authorised tramway and on tramway premises or other facilities provided in connection with the authorised tramway and the conduct of all persons including employees of the undertaker while on tramway premises.
(2) Without prejudice to the generality of paragraph (1) above, byelaws under this article may make provision—
(a) with respect to tickets issued for travel on the authorised tramway, the payment of fares and charges and the evasion of payment of fares and charges;
(b) with respect to interference with, or obstruction of, the operation of the authorised tramway or other facilities provided in connection with the authorised tramway;
(c) with respect to the prevention of nuisances on tramway premises;
(d) for regulating the passage of bicycles and other vehicles on ways and other places intended for the use of persons on foot within tramway premises;
(e) for the safe custody and re-delivery or disposal of any property accidentally left on tramway premises and for fixing the charges made in respect of any such property; and
(f) for prohibiting or restricting the placing or leaving of any vehicle without its driver on any part of the authorised tramway or on tramway premises.
(3) In paragraph (1) above references to “tramway premises” are references to premises of the undertaker used for or in connection with the operation of the authorised tramway but do not include references to the inside of a tramcar or premises within the boundary of a street.
(4) Byelaws under this article may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) Without prejudice to the taking of proceedings for an offence included in byelaws by virtue of paragraph (4) above, if the contravention of, or failure to comply with, any byelaw under this article is attended with danger or annoyance to the public, or hindrance to the undertaker in the operation of the tramway, the undertaker may summarily take action to obviate or remove the danger, annoyance or hindrance.
(6) Byelaws under this article shall not come into operation until they have been confirmed by the Secretary of State.
(7) At least 28 days before applying for any byelaws to be confirmed under this article, the undertaker shall publish in such manner as may be approved by the Secretary of State a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the time during which a copy of the byelaws will be open to public inspection; and any person affected by any of the byelaws may make representations on them to the Secretary of State within a period specified in the notice, being a period of not less than 28 days.
(8) For at least 24 days before an application is made under this article for byelaws to be confirmed, a copy of the byelaws shall be kept at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment.
(9) The undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker may determine.
(10) The Secretary of State may confirm with or without modification, or may refuse to confirm, any of the byelaws submitted under this article for confirmation and, as regards any byelaws so confirmed, may fix a date on which the byelaws shall come into operation; and if no date is so fixed the byelaws shall come into operation after the expiry of 28 days after the date on which they were confirmed.
(11) The Secretary of State may charge the undertaker such fees in respect of any byelaws submitted for confirmation under this article as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.
(12) A copy of the byelaws when confirmed shall be printed and deposited at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment, and the undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker shall determine.
(13) The production of a printed copy of byelaws confirmed under this article on which is endorsed a certificate purporting to be signed by a person duly authorised by the undertaker stating—
(a) that the byelaws were made by the undertaker,
(b) that the copy is a true copy of the byelaws,
(c) that on a specified date the byelaws were confirmed by the Secretary of State, and
(d) the date when the byelaws came into operation,
shall be prima facie evidence of the facts stated in the certificate.
43 

(1) Agreements may be made—
(a) between the undertaker and the chief officer of police of any police force and the police authority, or
(b) between the undertaker and the British Railways Board,
for making available to the undertaker for the purposes of the operation of its tramway undertaking the services of members of the police force or, as the case may be, members of the British Transport Police Force.
(2) Any such agreement may be made on such terms as to payment or otherwise, and subject to such conditions, as may be specified in the agreement.
(3) Where such an agreement has been made between the undertaker and the British Railways Board, members of the British Transport Police Force may act, in accordance with the terms of the agreement, as constables in, on or in the vicinity of any tramway premises or other facilities used in connection with the authorised tramway notwithstanding the provisions of section 53(1) of the  British Transport Commission Act 1949 (which restricts them to acting in, on or in the vicinity of premises belonging to or leased to or worked by the British Railways Board etc.).
(4) In this article—
(a) “chief officer of police”, “police authority” and “police force” have the same meaning as in the  Police Act 1964,
(b) the  British Transport Police Force means the force organised under the scheme set out in the Schedule to the British Transport Police Scheme 1963 (Approval) Order 1964 made under section 69 of the  Transport Act 1962, and
(c) the reference to “tramway premises” is a reference to premises of the undertaker used for or in connection with the operation of the authorised tramway and includes a reference to the inside of a tramcar.
PART V
44 

(1) The undertaker may, with the consent of the Secretary of State—
(a) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee the right to operate the authorised tramway (or any part of it) and such related statutory rights as may be so agreed, or
(b) grant to another person (“the chargee”) a charge on the right to operate the authorised tramway (or any part of it) and such related statutory rights as may be agreed between the undertaker and the chargee.
(2) The terms of any agreement made by virtue of paragraph (1) above shall be subject to the approval of the Secretary of State.
(3) Where an agreement is made by virtue of paragraph (1) above references in this Order shall, if and to the extent that the agreement so provides, have effect as references to the lessee or, as the case may be, chargee.
45 
A person who—
(a) enters a factory, workshop or workplace in pursuance of the provisions of article 18 (safeguarding works to buildings) or 20 (power to survey and investigate land) above, and
(b) discloses to any person any information obtained by him relating to any manufacturing process or trade secret,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.
46 
The provisions of Schedule 10 (provisions relating to statutory undertakers etc.) to this Order shall have effect.
47 
Nothing in this Order shall affect the right of any person entitled to any mine or minerals of any description whatsoever under a street along which any authorised street tramway is laid to work the mine or get the minerals; but this shall not affect any liability (whether civil or criminal) of the person so entitled in respect of damage to the authorised street tramway resulting from the exercise of any such right.
48 
Nothing in this Order shall affect any power of a highway authority to widen, alter, divert or improve any highway along which a street tramway is laid.
49 
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the sections, the land plan and the works plan to the Secretary of State for certification that they are, respectively, the book of reference, sections and plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of its contents.
50 

(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 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) above is, if he has given an address for service, that address, and otherwise—
(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
(b) in any other case, his last known address at the time of service.
(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—
(a) addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
(5) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
51 
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.
52 
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.
SCHEDULE 1
Article 3



SCHEDULE 2
Articles 3 and 22


(1) (2) (3)
Area Number of land shown on land plan Purpose for which land may be acquired
  
SCHEDULE 3
Article 5


(1) (2) (3)
Area Street subject to alteration of layout Description of alteration
  
SCHEDULE 4
Article 8
PART I

(1) (2) (3) (4)
Area Street to be stopped up Extent of stopping up New street to be substituted
   
PART II

(1) (2) (3)
Area Street to be stopped up Extent of stopping up
  
SCHEDULE 5
Article 9


(1) (2) (3)
Area Street to be stopped up Extent of temporary stopping up
  
SCHEDULE 6
Article 15


(1) (2)
Area Highway to be crossed on the level
 
SCHEDULE 7
Article 24
1 
The enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.
2 

(1) Without prejudice to the generality of paragraph 1 above, the  Land Compensation Act 1973 shall have effect subject to the modifications set out in sub-paragraphs (2) and (3) below.
(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4 below—
(a) for the words “land is acquired or taken” there shall be substituted the words “a right over land is purchased”, and
(b) for the words “acquired or taken from him” there shall be substituted the words “over which the right is exercisable”.
(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 below—
(a) for the word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over land consisting”,
(b) for the word “severance” there shall be substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”,
(c) for the words “part proposed” there shall be substituted the words “right proposed”, and
(d) for the words “part is” there shall be substituted the words “right is”.
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—
(a) the right acquired or to be acquired, or
(b) the land over which the right is or is to be exercisable.
(2) Without prejudice to the generality of sub-paragraph (1) above, 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—“
7 
In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage(if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”
5 
For section 8 of the 1965 Act (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following—“
8 

(1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—
(a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal (“the tribunal”); and
(b) before the tribunal has determined that question the person satisfies the tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land and—
(i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land, or
(ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,
the [] Order 199[] (“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—
(a) section 9(4) (failure by owners to convey),
(b) paragraph 10(3) of Schedule 1 (owners under incapacity),
(c) paragraph 2(3) of Schedule 2 (absent and untraced owners), and
(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),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.
SCHEDULE 8
Article 26


(1) (2)
Area Number of land shown on land plan
 
SCHEDULE 9
Article 28


(1) (2) (3) (4)
Area Number of land shown on land plan Purpose for which temporary possession may be taken Authorised work
   
SCHEDULE 10
Article 46
1 

(1) Sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers etc. and power of statutory undertakers etc. to remove or re-site apparatus) shall apply in relation to any land acquired or appropriated by the undertaker under this Order subject to the following provisions of this paragraph; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) shall have effect accordingly.
(2) In the provisions of the 1990 Act, as applied by sub-paragraph (1) above, references to the appropriate Minister are references to the Secretary of State.
(3) Where any apparatus of public utility undertakers or of a public telecommunications operator is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1) above, any person who is the owner or occupier of premises to which a supply was given from that apparatus 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 effecting a connection between the premises and any other apparatus from which a supply is given.
(4) Sub-paragraph (3) above shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that paragraph, any person who is—
(a) the owner or occupier of premises the drains of which communicated with that sewer, or
(b) the owner of a private sewer which communicated with that sewer,
shall be entitled to recover from the undertaker compensation in respect of expenditure recently 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) above, as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 below or Part III of the  New Roads and Street Works Act 1991 applies.
(6) In this paragraph—
 “the 1990 Act” means the  Town and Country Planning Act 1990;
 “public telecommunications operator” means—
(a) a person authorised, by a licence to which section 9 of the  Telecommunications Act 1984 applies, to run a public telecommunications system, or
(b) a person to whom the telecommunications code has been applied pursuant to section 10 of that Act; and
 “public utility undertakers” has the same meaning as in the  Highways Act 1980.
2 

(1) Where a street is stopped up under article 8 (permanent stopping up of streets) of this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.
(2) Where a street is stopped up under article 8 (permanent stopping up of streets) of this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street may and, if reasonably requested so to do by the undertaker, shall—
(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it, or
(b) provide other apparatus in substitution for the existing apparatus and place it in such position as aforesaid.
(3) 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 utility in or in connection with—
(a) the execution of relocation works required in consequence of the stopping up of the street, and
(b) the doing of any other work or thing rendered necessary by the execution of relocation works.
(4) If in the course of the execution of relocation works under sub-paragraph (2) above—
(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, or
(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,
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, 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 paragraph would be payable to the statutory utility by virtue of sub-paragraph (3) above shall be reduced by the amount of that excess.
(5) For the purposes of sub-paragraph (4) above—
(a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus, and
(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.
(6) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (3) above (and having regard, where relevant, to sub-paragraph (4) above) 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.
(7) Sub-paragraphs (3) to (6) above shall not apply where the authorised works constitute major transport works for the purposes of Part III of the  New Roads and Street Works Act 1991, but instead—
(a) the allowable costs of the relocation works shall be determined in accordance with section 85 of that Act (sharing of costs of necessary measures) and any regulations for the time being having effect under that section, and
(b) the allowable costs shall be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.
(8) In this paragraph—
 “apparatus” has the same meaning as in Part III of the New Roads and Street Works Act 1991;
 “relocation works” means works executed, or apparatus provided, under sub-paragraph (2)above; and
 “statutory utility” means a statutory undertaker for the purposes of the  Highways Act 1980 or a public telecommunications operator as defined in paragraph 1(6) above.
3 

(1) Subject to the following provisions of this paragraph, the powers under article 7 (power to execute street works) of this Order to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)—
(a) is under the control or management of, or is maintainable by, railway or tramway undertakers or a navigation authority, or
(b) forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,
except with the consent of the undertakers or authority or, as the case may be, of the person to whom the level crossing belongs.
(2) Sub-paragraph (1) above shall not apply to the carrying out under this Order of emergency works, within the meaning of Part III of the New Roads and Street Works Act 1991.
(3) A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.
(4) In this paragraph “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.