Transport And Works, England PART 1 PRELIMINARY Citation and commencement 1 This Order may be cited as the Rixton and Warburton Bridge Order 2024 and comes into force on 30th May 2024. Interpretation 2 In this Order— “ the 1863 Act ” means the Rixton and Warburton Bridge Act 1863 ; “ the 1890 Act ” means the Manchester Ship Canal (Various Powers) Act 1890 ; “ the 1984 Act ” means the Road Traffic Regulation Act 1984 ; “ the 2000 Act ” means the Transport Act 2000 ; “ the 2006 Act ” means the Companies Act 2006 ; “ Account ” means the account containing a person’s details for the purposes of paying a toll or charge for a vehicle, or registering a discount, in respect of the Rixton and Warburton Bridge which is identified by a unique account number; “ address ” includes, except in article 15(3), any number or address used for the purposes of electronic transmission; “ authorised activities ” means the operation, use and maintenance of the Rixton and Warburton Bridge and the exercise of any power, authority or discretion for the time being vested in or exercisable by MSCC under this Order or otherwise; “ bridge road ” means, except in Schedule 6, the length of the highway commencing from the A57 Manchester Road in the north at national grid reference SJ6915390429 to Warburton Bridge Road at national grid reference SJ6980489711 in the south; “ building ” includes any structure or erection or any part of a building, structure or erection; “ the Canal ” means the Manchester Ship Canal; “ Change of Control ” means the obtaining of Control of the Company by any person or group of connected persons who did not previously hold Control of the Company; “ the Company ” means Rixton and Warburton Bridge Company Limited (Company No. 13617881) incorporated under the 2006 Act and having its registered office at Maritime Centre, Port of Liverpool, Liverpool L21 1LA; “ completion of the Improvements ” means completion of the Improvements so that the same is complete in accordance with the relevant construction contract or contracts; “ concession agreement ” means a legally binding arrangement which may be comprised in one or more documents that makes provision for financing, refinancing, operation, maintenance or any other matter in respect of the Rixton and Warburton Bridge; “ Control ” has the meaning given in section 1124(2) of the Corporation Tax Act 2010 ; “ electronic transmission ” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form, and in this definition “ electronic communications network ” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 2003; “ exemptions register ” means the register of vehicles exempt from tolls maintained by MSCC in accordance with article 8 (tolls) and Schedule 2 (register of vehicles exempt from tolls); “ harbour master ” means the officer appointed by MSCC from time to time to execute the office of harbour master and includes any assistants and subordinates in so far as such assistants and subordinates are duly authorised to act on behalf the harbour master; “ Improvements ” means the works specified in Schedule 6 of this Order; “ local highway authorities ” means Warrington Borough Council and Trafford Borough Council in their respective roles as highway authorities in respect of the bridge road under the Highways Act 1980 ; “ maintain ” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “ maintenance ” is to be construed accordingly; “ Manchester Ship Canal Acts and Orders 1885 to 2012 ” means those Acts and Orders set out in Schedule 3 (Manchester Ship Canal Acts and Orders); “ MSCC ” means The Manchester Ship Canal Company Limited; “ registered keeper ”, in relation to a motor vehicle means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 ; “ reserve fund ” means a fund to be used exclusively for the maintenance and operation of the Rixton and Warburton Bridge; “ Rixton and Warburton Bridge ” means the bridge known as the Rixton and Warburton Bridge authorised by the 1863 Act and the 1890 Act together with the bridge road as shown in the plan in Schedule 5 and all toll booths or other toll collection facilities constructed on the said bridge or the bridge road; “ the transfer date ” means the day appointed by MSCC by ordinary resolution which must be a day at least 4 weeks after the day on which this Order comes into force; “ the Undertaking ” means the Rixton and Warburton Bridge undertaking and includes— all statutory and other powers and duties of MSCC conferred or imposed on MSCC by or under any provision of the Manchester Ship Canal Acts and Orders 1885 to 2012; the property, rights, liabilities and obligations, including all lands, works, buildings, machinery, stores and other real and personal property, assets and effects, contractual rights and obligations, and other rights and privileges vested in or enjoyed by MSCC, in respect of the Rixton and Warburton Bridge; and in relation to the transfer of the Undertaking, means those statutory and other powers and duties, property, rights, liabilities and obligations of MSCC as they exist immediately before the transfer date in respect of the Rixton and Warburton Bridge; and “ vehicle ” means a mechanically propelled vehicle intended or adapted for use on roads including a trailer. PART 2 OPERATIONAL Offences and power to make byelaws 3 1 MSCC may make and enforce byelaws regulating the use and operation of the Rixton and Warburton Bridge, the maintenance of order on and about the Rixton and Warburton Bridge and the conduct of all persons including employees of MSCC while on and about the Rixton and Warburton Bridge. 2 Without limiting the scope of paragraph (1), byelaws under this article may make provision— a with respect to the payment of tolls and the evasion of payment of tolls; b with respect to requirements for persons in charge of a vehicle that is used on the Rixton and Warburton Bridge to— i display a document in that vehicle; or ii carry in or fix equipment to that vehicle, and with respect to the failure to do so or the failure to do so in accordance with MSCC’s requirements; c with respect to interference with, or obstruction of, the operation of the Rixton and Warburton Bridge or other facilities provided in connection with the Rixton and Warburton Bridge; d with respect to the prevention of nuisances on the Rixton and Warburton Bridge; e with respect to the safeguarding of the operation, navigation and use of the Canal arising from the operation of the Rixton and Warburton Bridge f for the recovery, safe custody and re-delivery or disposal of any property or vehicles left on the Rixton and Warburton Bridge and for fixing the charges made in respect of any such property or vehicles; g to prohibit vehicles from stopping or remaining at rest in prescribed places on the bridge road or elsewhere in or about the Rixton and Warburton Bridge, except in prescribed circumstances; h to require any person in charge of a vehicle which is at rest by reason of breakdown in a prescribed place on the bridge road to take prescribed steps for reporting that fact and the position and circumstances in which the vehicle is at rest; i to prohibit any person, other than a constable or an appointed person— i from carrying out, or attempting to carry out, a repair, adjustment or refuelling of a vehicle to which a byelaw-making provision under sub-paragraph (g) applies, except with permission expressly given by a constable or an appointed person; and ii from moving, or attempting to move, such a vehicle from the position in which it is at rest; j to empower a constable or an appointed person to remove from its position to a prescribed area a vehicle which is for the time being at rest in a prescribed place on the bridge road— i in contravention of the byelaws; ii by reason of breakdown; iii without any person being in charge of it; or iv with the person in charge of it not being present in or on it; k in the case of a vehicle which is so removed or which at the request of the person in charge of it is repaired, adjusted or refuelled (instead of being removed) by an appointed person, to require the prescribed person to pay a charge of an amount to be determined in accordance with such scales and other provisions as may be prescribed; l to prohibit a person from obstructing any action taken by a constable or an appointed person for the purpose of removing a vehicle in accordance with the byelaws; m to ensure the safety of vehicles passing over the Rixton and Warburton Bridge; n to regulate the traffic on the Rixton and Warburton Bridge; and o to restrict and regulate the passage of dangerous goods or traffic on the Rixton and Warburton Bridge. 3 Byelaws under this article may— a designate places on the Rixton and Warburton Bridge at which tolls (other than tolls with respect to which a prepayment has been made) are to be paid or become due to be paid; b make provision as to the persons by whom, and the manner in which, such tolls or other charges are to be paid; c make provision for securing that vehicles in respect of which tolls are payable do not use the Rixton and Warburton Bridge without payment of the tolls; and d make provision for preventing a vehicle which— i having used the Rixton and Warburton Bridge; or ii being about to use the Rixton and Warburton Bridge, has arrived at the place at which a toll is payable in respect of it from proceeding beyond that place without a toll having been paid. 4 Byelaws made under this article may provide for a notice specifying— a the categories of vehicles in respect of which tolls are payable; and b the amount of the tolls in respect of each category, to be displayed at each place designated in accordance with paragraph (3)(a). 5 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. 6 Without prejudice to paragraph (5), where MSCC considers it expedient to do so it may prosecute legal proceedings in respect of offences under this Order. 7 Without prejudice to paragraph (5), a person who without reasonable excuse— a refuses or fails to pay a toll for which that person is liable; or b attempts to evade payment of such a toll, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. 8 Without prejudice to the taking of proceedings for an offence included in byelaws by virtue of paragraph (5), if the contravention of, or failure to comply with, any byelaw under this article is attended with danger or annoyance to the public or MSCC or hindrance to MSCC in the operation of the Rixton and Warburton Bridge or safety of the operation and navigation of the Canal, MSCC may summarily take action to obviate or remove the danger, annoyance or hindrance. 9 Byelaws under this article may not come into operation until they have been confirmed by the Secretary of State. 10 At least 28 days before applying for any byelaws to be confirmed under this article, MSCC must 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. 11 For at least 28 days before an application is made under this article for byelaws to be confirmed, a copy of the byelaws will be kept at the principal office of MSCC and will at all reasonable hours be open to public inspection without payment. 12 MSCC must, at the request of any person, supply that person with a copy of any such byelaws on payment of such reasonable sum as MSCC may determine. 13 The Secretary of State may charge MSCC such fees in respect of any byelaws submitted for confirmation under this article as the Secretary of State may consider appropriate for the purpose of defraying any administrative expenses incurred by the Secretary of State in connection with such confirmation. 14 A copy of the byelaws when confirmed must be printed and deposited at the principal office of MSCC and must at all reasonable hours be open to public inspection without payment, and MSCC must, at the request of any person, supply that person with a copy of any such byelaws on payment of such reasonable sum as MSCC determines. 15 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 MSCC stating— a that the byelaws were made by MSCC; 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, will be rebuttable evidence of the facts stated in the certificate. 16 The provisions of Part 1 of the Road Traffic Offenders Act 1988 in relation to evidence will apply to the prosecution of offences under this provision. 17 Byelaws made under this article may be varied or revoked by subsequent byelaws and byelaws made under this article may also vary or revoke any byelaws made under any other provision in respect of the Rixton and Warburton Bridge at any time. 18 The byelaws in Schedule 4 (the Rixton and Warburton Bridge Byelaws 2024)— a are to be treated as byelaws made by MSCC under paragraph (1) and subsequently confirmed by the Secretary of State on the date this Order comes into force; and b continue to have effect until such time as they are amended or revoked by further byelaws made under paragraph (1). 19 In this article— “ appointed person ” means a person appointed by MSCC who may only act as such when wearing a uniform of a description approved by MSCC; “ breakdown ”, in relation to a vehicle, includes mechanical defect, lack of fuel, oil or water required for the vehicle, and any other circumstances in which a person in charge of the vehicle could not immediately, safely and without damage to the vehicle or its accessories, drive it under its own power away from the Rixton and Warburton Bridge; and “ prescribed ” means prescribed by byelaws made under this Order. Closing the Rixton and Warburton Bridge 4 1 MSCC may whenever in its opinion it is necessary to do so whether in case of emergency or for the purpose of or in connection with the authorised activities close all or any part of the Rixton and Warburton Bridge whether wholly or partially. 2 Where MSCC proposes to close any of the Rixton and Warburton Bridge it must except in an emergency— a consult with the local highway authorities not less than 28 days before any such closure; b give not less than 28 days’ notice by advertisement in at least one local newspaper circulating in the area; and c display signs throughout the period of such closure at convenient situations on the roads communicating with any public access road to the Rixton and Warburton Bridge giving visible warning of the closure. 3 MSCC must reopen the Rixton and Warburton Bridge following closure under paragraph (1), without unnecessary delay, and at the earliest appropriate opportunity having regard to safety. PART 3 TRANSFER OF THE UNDERTAKING Transfer of the Undertaking 5 1 Provided that MSCC has Control of the Company on the transfer date, all statutory and other powers and duties comprised in the Undertaking (including under the provisions of this Order) except for article 11 (protection of the Canal) of this Order are transferred from MSCC to the Company on the transfer date, and from that date MSCC ceases to have any such duties or powers in respect of the Undertaking. 2 On the transfer date, the Undertaking is transferred to and vests in the Company and from that date MSCC ceases to have any property, rights, liabilities and obligations in respect of the Undertaking. 3 On and after the transfer date any statutory provision of local application or document (other than a document referred to in article 6 (saving of agreements, etc)) has, so far as it relates to the Rixton and Warburton Bridge, effect (except where the context otherwise requires and subject to any necessary modifications) as if any reference however worded and whether express or implied— a to MSCC, were construed as a reference to the Company; and b to any officer or employee of MSCC, were construed as a reference to an officer or employee of the Company who corresponds as nearly as may be to the first-mentioned officer or employee. 4 MSCC must not appoint the transfer date before the Improvements have been completed and MSCC has served a notice on the local highway authorities confirming the date on which the completion of the Improvements occurred. 5 Any Change of Control of the Company may only occur with consent of the Secretary of State on such terms and conditions as it thinks fit. Saving of agreements, etc. 6 All sales, conveyances, leases, grants, assurances, deeds, contracts, bonds, agreements, notices and demands entered into or made by MSCC in relation to the Undertaking and in force immediately before the transfer date are, on and after that date, as binding and of as full force and effect in every respect against or in favour of the Company as they have previously been against or in favour of MSCC and may be enforced as fully and effectively as if instead of MSCC the Company had been a party, or otherwise bound by it or entitled to the benefit of it. Continuance of proceedings 7 Nothing in this Order releases, discharges or suspends any action, arbitration or other proceeding, or any cause of action, arbitration or other proceeding, pending or existing immediately before the transfer date— a by or in favour of or against MSCC; or b by or in favour of or against the Company as agent for MSCC, in relation to the Undertaking, and any such action, arbitration or other proceeding or cause of action, arbitration or other proceeding may be maintained, prosecuted or continued by or in favour of or against MSCC or, in the case of sub-paragraph (b), the Company and may be amended in such manner as may be necessary for that purpose. PART 4 TOLLING, CONCESSION AND FINANCING ARRANGEMENTS Tolls 8 1 Once the Improvements have been completed and MSCC has served a notice on the local highway authorities confirming the date on which the completion of the Improvements occurred, the tolls recoverable from users of Rixton and Warburton Bridge under the 1863 Act are to be those specified in Schedule 1 of this Order and must be paid in accordance with the provisions of this Order. 2 Where tolls or charges payable under or by virtue of this Order remain unpaid after they have become due for payment, the person to whom they are payable may recover from the person liable to pay them the amount of the tolls or charges together with all other reasonable costs and expenses including administrative expenses, enforcement expenses and interest arising out of any such failure to pay. 3 MSCC may appoint any person to collect tolls or charges as its agent. 4 The person by whom tolls under this Order and penalty charges imposed in connection with this Order are payable in respect of a motor vehicle is the registered keeper. 5 MSCC must establish and maintain an exemptions register in accordance with Schedule 2 (register of exemption from tolls). 6 Tolls may not be charged in respect of vehicles where the particulars of the vehicle have been entered upon the exemptions register. 7 The tolls or charges charged in accordance with this article may be applied by MSCC for any purposes in connection with the safe efficient and economic management, operation and maintenance of the Rixton and Warburton Bridge, including but not limited to— a paying the costs and expenses incurred in designing, constructing, managing, operating and maintaining the Rixton and Warburton Bridge or any costs associated with financing any of the same; b providing such funds as are, or are likely to be, necessary to discharge the obligations of MSCC pursuant to a concession agreement; c paying the interest on, and repaying the principal of, monies borrowed in respect of the Rixton and Warburton Bridge; d making payment into any reserve fund provided in respect of the Rixton and Warburton Bridge; e providing funds for, meeting expenses incurred in, or the cost of securing any necessary authority for maintenance and operation of, the Rixton and Warburton Bridge or works to the Rixton and Warburton Bridge; and f providing a reasonable rate of return on investment in the Undertaking. Payment of tolls 9 1 Subject to paragraphs (5) and (11), a toll recoverable under the 1863 Act and paid in accordance with the provisions of this Order and any byelaws made under this Order, must be paid by such method as may be specified by MSCC or such other method as MSCC may in the particular circumstances of the case accept. 2 Without limiting the scope of paragraph (1), except where MSCC elects in accordance with paragraph (5), tolls may be payable— a when demanded by a person authorised by MSCC or its agent in that behalf at a place designated by MSCC for the collection of tolls; or b by inserting the appropriate payment for a toll at any appropriate collection point. 3 MSCC or its agent may enter into an agreement (“composition agreement”) under which persons compound, on such terms as may be provided by the agreement, for the payment of tolls in respect of the use of the Rixton and Warburton Bridge. 4 A composition agreement may relate to use on such number of occasions or during such period as may be provided by the agreement. 5 Where the condition described in paragraph (12) applies MSCC may elect that, instead of any other method of payment, tolls may be payable by means of entering into a composition agreement in which case MSCC may require that method to apply exclusively. 6 Where MSCC has elected pursuant to paragraph (5) that the exclusive method of paying tolls is to be by means of entering into a composition agreement, such a composition agreement may be entered into— a on the day concerned, the first day concerned or (where it relates to a single journey) the day of the journey concerned; b on a day falling within the period of 64 days immediately preceding the day concerned, the first day concerned, or (where it relates to a single journey) the day of the journey concerned; or c on the day after the day concerned, the first day concerned, or (where it relates to a single journey) the day of the journey concerned. 7 The following provisions apply to composition agreements— a a composition agreement must be specific to a particular vehicle; b that vehicle must be identified by its registration mark; and c a person entering into a composition agreement with MSCC must specify to MSCC or its agent the registration mark of the vehicle to which the composition agreement relates. 8 Where a composition agreement is entered into or purported to be entered into, and payment is to be made to MSCC otherwise than in cash, and payment is not received by MSCC or its agents (whether because a cheque is dishonoured or otherwise), the toll or tolls to which the composition agreement relates is to be treated as not paid and the composition agreement will be void. 9 MSCC may require a vehicle that is subject to a composition agreement to display a document in that vehicle or carry in or fix equipment to that vehicle. 10 MSCC may impose such reasonable conditions upon the making of a composition agreement as it considers appropriate including in relation to the transfer of the benefit of composition agreements or refund of payments. 11 A composition agreement may provide for a discount or waiver of any toll or part of any toll in respect of the use of the Rixton and Warburton Bridge. 12 The condition referred to in paragraph (5) is fulfilled when the method of payment for use of the Rixton and Warburton Bridge is not secured by the use of barriers preventing vehicles from proceeding until a toll is paid. 13 Methods of payments of the tolls under this Order may include but are not limited to payments made in person, by phone, using a credit card or debit card, or by App. 14 In this article— “ App ” means a software application for use on an electronic device which provides for payment by credit card or debit card and which is provided by MSCC for that purpose; “ credit card ” means a card or similar thing issued to any person, use of which enables the holder to defer payment; and “ debit card ” means a card or similar thing issued by any person, use of which causes a payment to be made by the electronic transfer of funds from any current account of the holder at a bank or other institution providing banking facilities. Power to enter into concession agreements and lease or transfer the Undertaking, etc. 10 1 MSCC may, on such terms as it sees fit, at any time and for any period, enter into one or more concession agreements and for that purpose may provide for the exercise of the powers of MSCC in respect of the authorised activities or any part of them, together with the rights and obligations of MSCC in relation to them, by any other person and other matters incidental or subsidiary to them or consequential to them, and the defraying of, or the making of contributions towards the costs of the matters whether by MSCC or any other person. 2 MSCC may charge the whole or any part of the Undertaking on such terms and conditions as it thinks fit. 3 MSCC may, with the consent of the Secretary of State, transfer, lease, or sell or dispose of the whole or any part of the Undertaking, on such terms and conditions as it thinks fit. 4 Subject to paragraph (3), MSCC may grant on such terms and conditions as it thinks fit to any person or take from any person a lease, licence or any other interest in or right over any land, including land comprising or comprised in the Rixton and Warburton Bridge, if it appears to MSCC expedient to do so for the purpose of or in connection with the exercise by that person of any or all of the authorised activities. 5 The exercise of the powers of any enactment by any person in accordance with any agreement under paragraph (1), or any sale, lease, charge or disposal under paragraphs (2) and (3), is to be subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by MSCC. 6 For the purposes of the transfer of the Undertaking from MSCC to the Company under article 5 (transfer of the Undertaking), the making of this Order constitutes confirmation of the consent of the Secretary of State required under paragraph (3). Protection of the Canal 11 1 The exercise of the powers under article 5(4) (transfer of the Undertaking) and under article 10 (power to enter into concession agreements and lease or transfer the Undertaking, etc.) are subject to such requirements as may be imposed by MSCC so as to ensure the safe operation, navigation and use of the Canal. 2 The exercise of any powers conferred by this Order or by the provisions of the 1863 Act and the 1890 Act for the purpose of, or in connection with operation, maintenance or improvement of the Rixton and Warburton Bridge must not interfere with the operation, navigation or use of the Canal without prior written approval of MSCC which may be granted subject to such conditions as may be imposed by MSCC so as to ensure the safe operation, navigation and use of the Canal. 3 Except as expressly provided, nothing in this Order is to prejudice the rights, powers and duties of the harbour master and MSCC under the Manchester Ship Canal Acts and Orders 1885 to 2012 in relation to the operation, navigation and use of the Canal. Application of landlord and tenant law 12 1 This article applies to— a any agreement for leasing to any person the whole or any part of the Rixton and Warburton Bridge or the right to operate the same; and b any agreement entered into by MSCC with any person for the carrying out of the authorised activities or any part of them, so far as any such agreement relates to the terms on which any land is subject to a lease granted by or under that agreement. 2 No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies. 3 Accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to— a exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter; b confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or c restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease. Application of the 2000 Act 13 1 Regulations made pursuant to section 173 (penalty charges) of the 2000 Act will have effect in respect of the Rixton and Warburton Bridge as if the tolls and charges charged in accordance with the Order were charges payable pursuant to a charging scheme made by order under Part 3 of the 2000 Act and will apply to MSCC as if MSCC were an authority listed in section 163 of the 2000 Act. 2 The imposition and payment of penalty charges in connection with the Order will be in accordance with such regulations as the Secretary of State may make pursuant to section 173 of the 2000 Act. 3 Sections 174 (examination, entry, search and seizure), 175 (immobilisation etc.) and 176 (equipment etc.) of the 2000 Act have effect in respect of the Rixton and Warburton Bridge as if Part 4 of this Order was a charging scheme made by order under Part 3 of the 2000 Act. Modification of Transport Charges &c. (Miscellaneous Provisions) Act 1954 14 In its application to the Undertaking section 6(3) of the Transport Charges &c. (Miscellaneous Provisions) Act 1954 (revision of charges) has effect as if for the reference to the paid-up share capital of the Undertaking there were substituted a reference to any amounts invested in the Undertaking by MSCC and any successor company. PART 5 MISCELLANEOUS AND GENERAL Service of notices 15 1 A notice or other document required or authorised to be served for the purposes of this Order may be served— a by post; or b with the consent of the recipient and subject to paragraphs (5) to (8), by electronic transmission. 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 or monitoring officer. 3 For the purposes of section 7 (references to service by post) 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 that person of a notice or document under paragraph (1) is, if that person 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, the last known address of that person 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 the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by— a addressing it to that person 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 Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement will be taken to be fulfilled where the recipient of the notice or other document to be transmitted has given prior consent to the use of electronic transmission either in writing or by electronic transmission. 6 Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable. 7 Any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8). 8 Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order— a that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and b such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given. 9 This article does not exclude the employment of any method of service not expressly provided for by it. Amendments 16 . Section 48 (power to take tolls for passing over Bridge and Roads) of the 1863 Act is amended as follows— a delete “Persons, Animals, and Carriages, from Time to Time” and insert “vehicles” ; b after “any Tolls not exceeding the” insert “tolls recoverable in accordance with the Rixton and Warburton Bridge Order 2024” ; and c delete the words from “following; (that is to say,)” until the end of section 48. Repeals 17 Sections 49, 51-68 and 70-74 of the 1863 Act are repealed. Obligation to provide accounts information 18 1 Following any transfer of the Undertaking to the Company under article 5 (transfer of Undertaking) of this Order, the Company will publish audited annual accounts in line with UK GAAP and Part 15 of the 2006 Act as if it is not exempt from those requirements under section 477 of the 2006 Act . 2 In this article, “ UK GAAP ” means the Generally Accepted Accounting Practice in the UK and is the body of accounting standards published by the UK’s Financial Reporting Council. Signed by authority of the Secretary of State for Transport Natasha Kopala Head of the Transport and Works Act Orders Unit Department for Transport 9th May 2024