Croydon Tramlink Act 1994 Part I Preliminary Short title 1 This Act may be cited as the Croydon Tramlink Act 1994. Interpretation 2 1 In this Act, unless the context otherwise requires, the several words and expressions to which meanings are assigned by the Acts wholly or partly incorporated herewith have the same respective meanings, and— “the Act of 1845” means the Railways Clauses Consolidation Act 1845; “the Act of 1870” means the Tramways Act 1870; “the Act of 1965” means the Compulsory Purchase Act 1965; “the Act of 1991” means the New Roads and Street Works Act 1991; “the authorised railways” means the railways authorised by this Act, including, where the context so admits, any railway adapted for use, and worked as part of Tramlink under section 16 (Agreements with British Railways Board) of this Act; “the authorised works” means the works authorised by this Act; “carriageway” has the same meaning as in the Highways Act 1980; “the Corporation” means London Regional Transport; “the Council” means the Council of the London borough of Croydon; “enactment” means any enactment, whether public general or local, and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment; “existing” means existing at the passing of this Act; “highway authority” has the same meaning as in the Highways Act 1980; “the limits of deviation” mean the limits so shown on the deposited plans and, where, in the case of a work in any street, no such limits are shown for that work, the boundaries of the street (including any verge or roadside waste adjoining it); “the limits of land to be acquired or used” means the limits marked “Limit of land to be acquired or used” on the deposited plans; “the railways board” means the British Railways Board, and, in relation to any land or other property, includes any person who holds or uses that property for railway purposes and who derives title to that property from or under the British Railways Board or under any person deriving title from the British Railways Board; “sewerage undertaker” has the same meaning as in the Water Industry Act 1991; “statutory undertaker” means a licence holder under Part I of the Electricity Act 1989, a public gas supplier within the meaning of Part I of the Gas Act 1986, the National Rivers Authority and a water undertaker within the meaning of the Water Industry Act 1991 or any of such bodies; “street” has the meaning given by section 329 of the Highways Act 1980 and includes a bridleway, cycle track or footpath as defined in the said section 329 and any way laid out or used as a cycleway; “traffic sign” has the meaning given by section 64 of the Road Traffic Regulation Act 1984; “Tramlink” means the light rail transit system comprising the authorised railways including such railways designated as tramways, and all works and conveniences provided in connection with any of those railways, as that system is constructed, extended or altered from time to time; “tramway” means any railway, or any part of a railway, authorised by this Act and thereby designated as a tramway; “the tribunal” means the Lands Tribunal. 2 Unless the context otherwise requires, any reference in this Act to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Act. 3 a Except as mentioned in paragraph (b) below, all distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length, and distances between points on a railway shall be taken to be measured along the railway. b This subsection does not apply to distances or lengths stated in the following provisions of this Act:— section 13 (Power to deviate); section 15 (Gauge of railways and restrictions on working). 4 Any reference in this Act to rights over land includes reference to the right to do, or to place and maintain, anything in, on or under the land, or in the air space above its surface. 5 Any reference in this Act to access to any place includes egress from that place. Incorporation and application of enactments relating to railways 3 1 The following enactments, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Act, are incorporated with and form part of this Act, and this Act shall be deemed to be the special Act for the purposes of those enactments:— the Act of 1845 (except sections 7 to 9, 11 to 15, 17, 19, 20, 22, 23, 46 to 62, 94, 95, 112 to 124 and 138); and section 4 of the Railways Clauses Act 1863. 2 In the enactments incorporated by subsection (1) above— a the expression “the company” means the Corporation; and b sections 18 and 21 of the Act of 1845 shall not extend to regulate the relations between the Corporation and any other person in respect of any matter or thing concerning which those relations are regulated in any respect by Part III of the Act of 1991; and c in section 4 of the said Act of 1863, the words “and subject to the limitations contained in sections eleven, twelve and fifteen of those Acts respectively,” and the proviso shall be omitted. 3 The following enactments shall not apply to Tramlink:— the Highway (Railway Crossings) Act 1839; in the Railway Regulation Act 1842, sections 9 and 10; in the Regulation of Railways Act 1868, section 22; in the Regulation of Railways Act 1889, sections 1, 3, 4 and 6; in the Road and Rail Traffic Act 1933, sections 41 and 42. Application of Tramways Act 1870 4 1 Subject as provided in subsection (2) below, the following provisions of Parts II and III of the Act of 1870, so far as they are applicable for the purposes and are not inconsistent with or varied by the provisions of this Act, apply to any tramway, and for that purpose are incorporated with and form part of this Act:— sections 25, 26, 29 and 30, 34, 41, 49, 50, 53, 54 and 57. 2 a In the provisions of the Act of 1870 applied by subsection (1) above, the expression “the special Act” means this Act and “the promoters” means the Corporation. b The provisions of the Act of 1870 applied by subsection (1) above shall have effect subject to the following modifications:— i in section 25, for the words “the road”, there shall be substituted the words “the part of the road in which it is laid” and the words from “and shall not be opened” to the end of that section shall be omitted; ii in section 26, for the words from “the following regulations” to the end of the section, there shall be substituted the words “the provisions of the special Act”; iii in section 30, for the words from “also subject to” to the end of the section, there shall be substituted the words “the special Act”; iv in section 34, the words from “No carriage used” to the end of the section shall be omitted; v in sections 49, 50, 53 and 54, for the penalty specified in each of those sections, there shall be substituted a fine not exceeding level 3 on the standard scale and in the said section 54 the words from “or under licence” to “by this Act provided” shall be omitted. 3 This section shall have effect notwithstanding the repeal by the Transport and Works Act 1992 of the provisions of the Act of 1870 referred to in subsection (1) above. Application of Part I of Compulsory Purchase Act 1965 5 1 Part I of the Act of 1965 (except section 4 and paragraph 3 (3) of Schedule 3), in so far as it is applicable for the purposes and is not inconsistent with the provisions of this Act, shall apply to the compulsory acquisition of land under this Act as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under the said Act of 1981. 2 Section 11 (1) of the Act of 1965 (which empowers the acquiring authority to enter upon and take possession of land the subject of a notice to treat after giving not less than 14 days' notice) as so applied shall have effect as if for the word “fourteen” there were substituted, in respect of the lands over which rights only are required, the word “twenty-eight” and, in the case of any other lands, the word “ninety-one”. 3 The Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under this Act. Part II Works Power to make works 6 1 Subject to the provisions of this Act, the Corporation may, in the lines or situations shown on the deposited plans and according to the levels shown on the deposited sections, make and maintain the works in the London boroughs of Merton, Sutton, Croydon and Bromley specified in Part I of Schedule 1 to this Act, with all necessary works and conveniences connected therewith. 2 Notwithstanding anything in this Act or shown on the deposited plans or the deposited sections but without prejudice to the provisions of section 13 (Power to deviate) of this Act, the Corporation may, with the consent of the owners, lessees and occupiers of the lands affected, construct the whole or part of Works Nos. 10 and 11 and so much of Work No. 7 as lies within the London borough of Bromley in lines or situations and in accordance with levels, dimensions and descriptions other than the lines or situations, levels, dimensions and descriptions shown on the deposited plans and the deposited sections or specified in Part I of Schedule 1 to this Act. Further works and powers 7 1 Subject to the provisions of this Act (and, in so far as the same are shown on the deposited plans and the deposited sections, in the lines or situations and according to the levels so shown), the Corporation may exercise the powers and make and maintain the further works, described in Part II of Schedule 1 to this Act, in the London boroughs of Merton, Sutton, Croydon and Bromley with all necessary works and conveniences connected therewith. 2 Without prejudice to the specific powers conferred by subsection (1) above, for the purposes of constructing or maintaining the authorised railways in or adjoining any street, the Corporation may, with the consent of the highway authority— a increase the width of the carriageway of the street by reducing the width of any footway, cycle track or verge or other land within the boundary of the street; b alter or interfere with the level of any kerb, footway, cycle track, verge or other land within the boundary of the street; or c at any stopping place on a tramway reduce the width of the carriageway of the street by forming a reserved area in the street or by setting forward the kerbline of the street and providing access for vehicles to adjoining premises and a footway on the side of that kerbline nearest to those premises. 3 No footway shall, under subsection (2) above, be reduced to a less width than 1·80 metres (5 feet 11 inches). 4 Where the carriageway, or part of the carriageway, of any street in which a tramway is laid is of sufficient width to provide not less than 3 metres of width for vehicular traffic in each permitted direction clear of the tramway path (as determined in accordance with the clearance required by the Secretary of State), the Corporation may, with the consent of the highway authority, carry out such works as may be required to deter, but not prevent, the passage of vehicular traffic along the tramway, by raising the level of the part of the carriageway occupied by the tramway path above the level of the adjoining carriageway or by placing a kerb or other obstruction along the edge of that adjoining carriageway. 5 Notwithstanding section 25 of the Act of 1870 as applied by this Act, in the case of any part of the length of a tramway which is situated clear of the carriageway or footway of any street, the Corporation may, with the consent of the highway authority, lay and maintain the tramway in such manner that the uppermost surface of the rails is not on a level with the surface of the ground in which it is laid. 6 Subject to the provisions of this Act, the Corporation may— a in relation to Work No. 3, lay down single, double or interlacing lines in lieu of triple lines, either when constructing that work or at any time thereafter; b lay down double lines in lieu of single lines or single lines in lieu of double lines or interlacing lines in lieu of double or single lines on any of the tramways, either when constructing them or at any time thereafter, and construct or take up and reconstruct any such tramway or associated work in such position in the street or land in which it is authorised to be constructed as they think fit; and c make, maintain, alter and remove such crossings, passing places, sidings, junctions and other works, in addition to those specified in and authorised by this Act, as they find necessary or convenient for the efficient working of Tramlink, for the purposes of the control of traffic or for providing access to any premises. 7 The powers of subsection (6) above shall not be exercised in any street which is a highway without the consent of the highway authority. Works in street 8 1 Subject to the provisions of this Act, the Corporation may, for the purposes of Work No. 4C, make and maintain permanent openings in so much of any street as is within the limits of deviation for that work. 2 The Corporation shall not be required to purchase any part of the surface of, or any easement in, any street in which they are authorised by this section to make and maintain any permanent opening, or to make any payment in respect of any such permanent opening, or for breaking up or interfering with the surface of any such street. Requirements applicable to tramways 9 1 The tramways shall be so laid and maintained that the distance between the sides of the widest carriages to be used on the tramways when passing one another thereon shall not be less than 380 millimetres (15 inches). 2 a On completion of any tramway the Corporation shall provide traffic signs to give warning to other traffic of the presence of the tramway. b Subject to any directions and any other requirements given or imposed by the Secretary of State with respect to such a traffic sign, the places at which the traffic signs are displayed shall be such as may be approved by the highway authority. 3 a Where a tramway has been constructed in a street in such manner that— i the uppermost surface of the rails is level with the surface of the street; or ii the level of the width of the carriageway occupied by the tramway path is altered as provided in section 7 (4) (Further works and powers) of this Act; works for the purpose, or having the effect, of altering the level of the part of the street in which the tramway is situated shall not be carried out without the consent of the Corporation. b Consent under paragraph (a) above may be given subject to such reasonable terms and conditions as the Corporation may require, but shall not be unreasonably withheld, and any difference arising under this paragraph shall be determined by the Secretary of State. Level crossings 10 1 The Corporation may, in the construction of the authorised railways, carry the same with a single or double line across and on the level of the streets specified in Schedule 2 to this Act. 2 The Corporation may, subject to such requirements as the Secretary of State may from time to time lay down, provide, maintain and operate at or near any such level crossing such barriers, lights, traffic signs and automatic or other devices and appliances as may be approved by the Secretary of State. 3 In the exercise of the powers of this section, the Corporation may alter or interfere with the level of any street upon which any railway or associated work is to be laid. Subsidiary works 11 1 Subject to the provisions of this Act the Corporation may, for the purposes of Tramlink and associated traffic control— a within the limits of deviation make, lay down, place, erect, repair, alter, renew, maintain, operate and use rails, rail fixings, plates, sleepers, channels, conduits, tubes, stations, platforms, islands, gates, junctions, points, turntables, turnouts, crossings, temporary or permanent cross-overs, passing places, pillars, posts, poles, brackets, wires, subways, manholes, shafts, engines, dynamos, substations, transformers, switchgear, cabling, signalling, monitoring and communications equipment, together with subsidiary and incidental machinery, apparatus, works and appliances; and b in, or under any street in which it may be necessary or convenient, or in other land over which the Corporation have or obtain sufficient rights, lay, place, form, erect, maintain, renew and repair drains, ditches and culverts, electric wires, conductors, cables, brackets, posts, tubes, substations, boxes and other electrical apparatus for connecting the authorised railways and associated works with any electricity generating station or substations or for the purposes of signalling, monitoring and communication in connection with Tramlink. 2 The provisions of sections 158 and 159 of, and paragraph 3 of Schedule 13 to, the Water Industry Act 1991 (street works) shall apply to apparatus and works referred to in subsection (1) above as they apply to relevant pipes and service pipes but as if— a for any reference to a water undertaker there were substituted a reference to the Corporation; and b paragraph 3 (6) of Schedule 13 were omitted. 3 The Corporation may, for the purposes of Tramlink, alter, renew and maintain the parapet of any bridge under which the authorised railways are to be situated, or construct any other works for the safety of persons passing over any such bridge. 4 In constructing stations and stopping places for the purposes of Tramlink the Corporation shall make provision, in so far as it is in the circumstances both practicable and reasonable and without prejudice to any requirement having effect under or by virtue of the Chronically Sick and Disabled Persons Act 1970, for the needs of members of the public using Tramlink who are disabled or elderly. 5 Nothing in this section shall prejudice the generality of sections 6 (Power to make works) and 7 (Further works and powers) of this Act. Provision of accommodation for apparatus 12 Where the Corporation lay down conduits for the accommodation of cables or other apparatus for the purposes of Tramlink or associated traffic control under section 11 (Subsidiary works) of this Act, they may, in pursuance of those powers, provide in, or in connection with, such conduits accommodation for the apparatus of any other person, and manholes and other facilities for access to such accommodation, and may permit the use of such conduits on such terms and conditions as may be agreed between the Corporation and such other person. Power to deviate 13 In the execution of the authorised works the Corporation may, except as may be otherwise provided by this Act, deviate from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to such extent downwards as may be found necessary or convenient. Plans to be approved by Secretary of State before works commenced 14 1 Before constructing any of the authorised railways the Corporation shall submit to the Secretary of State for his approval plans, sections and particulars of their proposals concerning— a permanent way or track; b signalling; and c lighting. 2 Any such works shall be constructed and maintained in accordance with such plans, sections and particulars approved by the Secretary of State. 3 The Corporation shall submit for the approval of the Secretary of State details of their proposals for the rolling stock to be used on Tramlink and any rolling stock so used shall be constructed and maintained in accordance with particulars approved by the Secretary of State. Gauge of railways and restrictions on working 15 1 The authorised railways to be constructed shall be constructed on a gauge of 1,435 millimetres (4 feet 8½ inches) and the motive power to be used shall be electrical energy or such other motive power as the Secretary of State may approve. 2 No part of Tramlink shall be used for, or in connection with, the conveyance of passengers without the written permission of the Secretary of State and the Corporation shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using Tramlink. 3 If, without reasonable excuse, the Corporation contravene the provisions of subsection (2) above they shall for each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale. 4 Without prejudice to the generality of subsection (2) above, traction cables of the overhead line equipment of any tramway, and of so much of any authorised railway as is comprised in any level crossing, shall be erected at a height agreed by the Secretary of State and, if at any place a height of less than 5·63 metres (18 feet 6 inches) above the surface of the ground is so agreed for a cable, the Corporation shall, in accordance with section 9 (2) (Requirements applicable to tramways) of this Act, erect such traffic signs as may be directed by the Secretary of State to give warning of the cable. Agreements with British Railways Board 16 1 In this section— “the affected properties” means any land described in the deposited book of reference which is owned by the railways board or in which the railways board have an interest; and “the specified works” means so much of Works Nos. 1, 1A, 1B, 1C, 1D, 2, 2A, 3, 3A, 7, 8 and 9 as will be constructed under, on or over any of the affected properties. 2 Any work of alteration or adaptation of property of the railways board which may be necessary in order to construct the specified works and thereafter, the use, maintenance, repair and renewal of such property and of the specified works shall be carried out and regulated by the Corporation or the railways board, or by the Corporation and the railways board jointly, in accordance with such terms and conditions as may be agreed in writing between the Corporation and the railways board. 3 a Any agreement made under this section may relate to the whole or part of the affected properties and may contain such incidental, consequential or supplementary provisions as may be so agreed, including (but without prejudice to the generality of the foregoing) provisions— i with respect to the defraying of, or the making of contributions towards, the cost of such works of alteration or adaptation or the costs of such maintenance, repair and renewal as are referred to in subsection (2) above by the Corporation or by the railways board or by the Corporation and railways board jointly; and ii for the exercise by the railways board, or by the Corporation, or by the railways board and the Corporation jointly, of all or any of the powers and rights of the railways board and the Corporation (as the case may be) in respect of any part of the specified works under any enactment or contract. b The exercise by the Corporation or the railways board or by the Corporation and the railways board jointly, of any powers and rights under any enactment or contract pursuant to any such agreement as is authorised by paragraph (a) above shall be subject to all statutory and contractual provisions relating thereto as would apply if such powers and rights were exercised by the Corporation or the railways board (as the case may be) alone, and accordingly such provisions shall with any necessary modifications, apply to the exercise of such powers and rights by the Corporation or the railways board, or by the Corporation and the railways board jointly, as the case may be. 4 In constructing the specified works the Corporation may, on such terms as shall be agreed with the railways board, re-align so much of the railways board’s railway as lies within the limits of deviation of those works in such position and on such terms as shall be agreed between the Corporation and the railways board. 5 The Corporation and the railways board may enter into, and carry into effect, agreements for the transfer to the Corporation of— a any part of the affected properties, b any lands, works or other property held in connection with any part of the affected properties, and c any rights and obligations (whether or not statutory) of the railways board relating to any part of the affected properties. 6 Where agreement is made for the transfer to the Corporation of any railway or former railway comprised within the affected properties under subsection (5) above, the Corporation may adapt for use, maintain, use and work that railway as part of Tramlink in accordance with the provisions of the Act of 1845 and the Railways Clauses Act 1863 incorporated with this Act and the provisions of the Railway Regulation Acts 1840 to 1889 applicable to Tramlink. Discontinuance of existing railway services 17 The provisions of section 54 of the Transport Act 1962 and section 37 of, and Schedule 5 to, the Railways Act 1993 (proposals to discontinue railway passenger services) shall not apply in respect of the discontinuance of any existing railway passenger services from any station or on any line or, as the case may be, the discontinuance of any railway passenger or goods services provided by the railways board, where such discontinuance is for the purposes of, or in connection with, the construction of the authorised works or the transfer of any parts of any existing railway to form part of Tramlink. Temporary stoppage of streets 18 1 During and for the purpose of the execution of the authorised works, the Corporation may temporarily stop up and interfere with the whole or any part of any street to the extent of the limits of deviation, or the limits of land to be acquired or used, and may for any reasonable time divert the traffic therefrom and prevent all persons, other than those bona fide going to or from any land, house or building abutting on the said part of the street, from passing along and using the same. 2 The Corporation shall provide reasonable access for foot passengers bona fide going to or from any such land, house or building. Stopping up streets without providing substitute 19 1 This section applies in the case of any stopping up of a street or portion thereof authorised by the Act without the provision of a substitute. 2 After any stopping up to which this section applies, all rights of way over or along the street, or portion thereof, authorised to be stopped up shall be extinguished and the Corporation may, without making any payment therefor, but subject to the provisions of the Act of 1845 incorporated with this Act with respect to mines lying under or near the railways, appropriate and use for the purposes of their undertaking the site of the street, or portion thereof, so stopped up. 3 Any person who suffers loss by the extinguishment of any private right under this section shall be entitled to be paid by the Corporation compensation to be determined in case of dispute in accordance with Part I of the Land Compensation Act 1961. 4 Without prejudice to the generality of subsection (1) above, this section applies, in particular, to the stopping up of a street or portion thereof mentioned in paragraphs (viii), (ix), (xi), (xii), (xiv), (xvi), (xx), (xxii) and (xxix) of Part II of Schedule 1 to this Act. Stopping up streets in case of diversion or substitution 20 1 Except as provided in section 18 (Temporary stoppage of streets) of this Act, where this Act authorises the making of a new street, either by way of diversion of, or in substitution for, an existing street and the stopping up of the existing street or portion thereof, the stopping up shall not, in either case, take place until the highway authority are satisfied that the new street has been completed in accordance with their reasonable requirements and is open for public use or, in the case of any difference between the Corporation and the highway authority as to whether the said requirements have been complied with or as to their reasonableness, until the matter in dispute has been determined by arbitration and the new street has been completed accordingly. 2 Before referring the matter to arbitration under this section the Corporation shall give to the highway authority 7 days' notice in writing of their intention to do so. 3 As from the completion of the new street to the satisfaction of the highway authority or, in the case of dispute, according to the decision of the arbitrator, all rights of way over or along the existing street, or portion thereof, authorised to be diverted or stopped up shall be extinguished, and the Corporation may, without making any payment therefor, but subject to the provisions of the Act of 1845 incorporated with this Act with respect to mines lying under or near the railways, appropriate and use for the purposes of their undertaking the site of the street, or portion thereof, diverted or stopped up so far as the same is bounded on both sides by lands in the possession of the Corporation. 4 Any person who suffers loss by the extinguishment of any private right under this section shall be entitled to be paid by the Corporation compensation to be determined in case of dispute in accordance with Part I of the Land Compensation Act 1961. Notice of interference with streets 21 Before breaking up or interfering with any street to which the public has access in connection with the construction of any of the authorised works the Corporation shall (except in case of emergency) give 14 days' notice in writing to the chief officer of the fire and police authorities for the area in which such street is situated and make such arrangements with the chief officer of police as may be reasonably necessary so as to cause as little interference with the traffic in such street during the construction of such works as may be reasonably practicable. Provisions as to repair of streets, etc 22 1 Subject to subsections (2) and (3) below, any street, or portion thereof, made, diverted or altered under this Act shall, when completed, unless otherwise agreed, be maintained by and at the expense of the Corporation for a period of 12 months from its completion and at the expiration of that period shall be maintained by and at the expense of the highway authority. 2 Subsection (3) below applies where the Corporation has under section 7 (4) (Further works and powers) of this Act raised the level of part of the carriageway of a street in which a tramway is laid; and in that subsection, so much of the carriageway whose level has been so raised is referred to as “the raised tramway path”. 3 Unless otherwise agreed with the highway authority, the raised tramway path shall be maintained by and at the expense of the Corporation for as long as the raised tramway path is required to be used primarily for the purposes of Tramlink. Underpinning of houses near works 23 The Corporation may, at their own expense, subject as hereinafter provided, underpin or otherwise strengthen any house or building within 30 metres of any of the authorised works, and for this purpose the following provisions shall have effect:— 1 At least 14 days' notice shall (except in the case of emergency) be given to the owner, lessee and occupier of the house or building intended to be so underpinned or otherwise strengthened. 2 Each such notice shall be served in manner prescribed by section 6 of the Acquisition of Land Act 1981 as if required to be served under that Act. 3 If any owner, lessee or occupier of any such house or building, within 10 days after the giving of such notice, gives a counter-notice in writing that he disputes the necessity of such underpinning or strengthening, the question of the necessity shall be settled by arbitration. 4 In any case in which any house or building has been underpinned or strengthened under the powers of this section the Corporation may, from time to time after the completion of such underpinning or strengthening, and during the execution of the authorised work in connection with which such underpinning or strengthening was done, or within five years after the opening for traffic of the authorised works, enter upon and survey such house or building and, after complying with the foregoing provisions of this section, do such further underpinning or strengthening as they may deem necessary or expedient. 5 The Corporation shall be liable to compensate the owner, lessee and occupier of every such house or building for any loss or damage which may result to them by reason of the exercise of the powers of this section. 6 Nothing in this section nor any dealing with any property in pursuance of this section shall relieve the Corporation from the liability to compensate under section 10 (2) of the Act of 1965 as applied by this Act, or under any other enactment, in respect of loss or damage arising from the execution of any works, other than works of underpinning or strengthening authorised by this section. 7 Every case of compensation under this section shall be determined in case of dispute in accordance with Part I of the Land Compensation Act 1961. Use of sewers, etc., for removing water 24 1 The Corporation may use for the discharge of any water pumped or found during the construction of the authorised works any available stream or watercourse, or any sewer or drain of any sewerage undertaker or London borough council in or through whose area or district the works may be constructed or pass, and for that purpose may lay down, take up and alter conduits, pipes and other works and may make any convenient connections with any such stream, watercourse, sewer or drain within the limits of deviation. 2 a The Corporation shall not— i discharge any water into any sewer or drain vested in or under the control of a sewerage undertaker or London borough council except with the consent of that body and subject to such terms and conditions as that body may reasonably impose; or ii make any opening into any such sewer or drain except in accordance with plans approved by, and under the superintendence (if given), of the sewerage undertaker or London borough council in which the sewer or drain is then vested. b Consent to a discharge, or approval of plans submitted, under this subsection shall not be unreasonably withheld. 3 a Section 85 of the Water Resources Act 1991 shall apply to, or to the consequence of, a discharge under this section into any controlled waters within the meaning given by section 104 (1) of that Act as if this section were excluded from the reference to any local statutory provision in section 88 (1) (f) of that Act. b In the exercise of their powers under this section the Corporation shall not damage or interfere with the bed of any watercourse forming part of a main river of the National Rivers Authority or the banks thereof within the meaning of section 72 of the Land Drainage Act 1991 or forming part of a metropolitan watercourse within the meaning assigned to that expression by paragraph 1 of Schedule 5 to the Land Drainage Act 1976. 4 The Corporation shall take all such steps as may be reasonably required to secure that any water discharged under this section shall be as free as may be reasonably practicable from any gravel, soil or other solid substance or matter in suspension. 5 Any difference arising between the Corporation, National Rivers Authority, sewerage undertaker or London borough council, as the case may be, under this section shall be determined by arbitration. Attachment of brackets, etc., to buildings for purposes of works 25 The Corporation may affix brackets, cables, wires and other apparatus required in connection with Tramlink to any building or structure; and for that purpose the provisions of subsections (2), (4) to (6), (8) and (9) of section 45 of the Public Health Act 1961 (affixing apparatus to buildings for street lighting) shall apply as if— a the attachments therein mentioned included any such apparatus; b for any reference to the street lighting authority there were substituted a reference to the Corporation; and c in the proviso to subsection (2), after the words “unreasonably withheld” there were inserted the words “or is not granted within a reasonable time”. Attachment of equipment to tramway buildings and structures 26 1 Subject to subsection (2) below, the Council may, with the consent of the Corporation, affix to any building or structure ancillary to any tramway comprised in Tramlink— a street lighting equipment; b decorative lighting equipment; c traffic signs within the meaning of section 64 of the Road Traffic Regulation Act 1984; d traffic guidance control equipment; e traffic monitoring equipment; or f any other apparatus or equipment of a like nature. 2 The power in subsection (1) above shall not be exercised in such a way as to impair the safe and efficient operation of Tramlink. 3 The consent of the Corporation under this section may only be withheld if the Corporation consider that the proposed exercise of the power would impair the safe and efficient operation of Tramlink. Provisions as to use of electrical energy 27 The following provisions shall apply to the use of electrical energy for the purposes of Tramlink:— 1 The Corporation shall employ either insulated returns or uninsulated metallic returns of low resistance. 2 The Corporation shall take all reasonable precautions in designing, constructing, placing and maintaining their electric lines and circuits and other works of all descriptions and also in working Tramlink so as to minimise the discharge of electrical currents into the ground and not— a injuriously to affect by fusion or electrolytic action any electric lines or any gas or water pipes, or other metallic pipes, structures or substances; or b injuriously to interfere with, or with the working of— i any wire, line or apparatus from time to time used for the purpose of transmitting electrical energy or of any telecommunication system; or ii the currents in any such wire, line or apparatus. 3 a The Secretary of State may make regulations under this section for regulating the use of electrical energy for the operation of Tramlink, and the design, voltage, testing and working of the overhead equipment and return circuits of the Tramlink system, including regulations— i for preventing injurious affection (by the discharge of electrical currents into the ground, fusion or electrolytic action) of electric lines or gas or water pipes or other metallic pipes, structures or substances; and ii for minimising, so far as is reasonably practicable, interference with, and with the working of, electric wires, lines and apparatus, whether such apparatus does or does not use the earth as a return. b Before making regulations under this section the Secretary of State shall consult the Corporation and the statutory undertakers. 4 The Corporation shall be deemed to take all reasonable and proper precautions against interference with, or with the working of, any wire, line or apparatus if and so long as they use, at the option of the Corporation, either such insulated returns, or such uninsulated metallic returns of low resistance and such other means of preventing injurious interference with, and with the working of, the electric wires, lines and apparatus, as may be prescribed by the regulations; and in prescribing such means the Secretary of State shall have regard to the expense involved in relation to the protection afforded. 5 The provisions of this section shall not give any right of action in respect of injurious interference with, or with the working of, any electric wire, line or apparatus, or the currents therein, unless, in the construction, erection, maintaining and working of such wire, line and apparatus, all reasonable and proper precautions, including the use of an insulated return, have been taken to minimise injurious interference therewith, and with the currents therein, by or from other electric currents. 6 If any difference arises between the Corporation and any other person with respect to anything in the foregoing provisions of this section, the difference shall, unless the parties otherwise agree, be determined by the Secretary of State, or, at his option, by an arbitrator to be appointed by him, and the costs of such determination shall be in the discretion of the Secretary of State or the arbitrator as the case may be. 7 The power to make regulations conferred on the Secretary of State by this section shall be exercisable by statutory instrument. 8 In this section— a reference to an insulated return includes reference to a return by means of a combined neutral and earth cable which is covered by an insulated sheath suitable for protection against corrosion and is approved for use below ground by the Secretary of State for the purpose of any regulations relating to the supply of electricity; and b telecommunication system has the same meaning as in the Telecommunications Act 1984. Part III Acquisition of land Power to acquire lands 28 1 Subject to the provisions of this Act, the Corporation may enter upon, take and use— a so much of the land shown on the deposited plans within the limits of deviation for the authorised works as they may require for the purposes of the authorised works or for any purpose connected with, or ancillary to, their undertaking; and b so much of any land specified in columns (1) and (2) of Part I of Schedule 3 to this Act shown on the deposited plans within the limits of land to be acquired or used as they may require for the purpose specified in relation to that land in column (3) of that Part of that Schedule. 2 Without prejudice to section 51 (As to land of Council) of this Act, the Corporation shall not under the powers of this Act without the consent of the Council acquire compulsorily any interest of the Council in the lands in the London borough of Croydon referred to in the book of reference. 3 The Corporation shall not under the powers of this Act without the consent of the railways board acquire or enter upon, take or use whether temporarily or permanently, or acquire any new rights or subsoil of— i the lands of the railways board delineated on the deposited plans and therein numbered 1, 2, 3, 4, 5, 6, 8, 10, 11, 55, 57 and 60 in the London borough of Merton; ii the lands of the railways board delineated on the deposited plans and therein numbered 6, 9, 10, 10A, 25 and 30 in the London borough of Croydon; or iii the lands of the railways board delineated on the deposited plans and therein numbered 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, 18 and 21 in the London borough of Bromley. 4 Without prejudice to subsection (3) above the Corporation may acquire the interest of any person other than the railways board in any of the lands specified in subsection (3) above for the purposes of the authorised works. Extinction of private rights of way 29 1 All private rights of way over any land that may be acquired compulsorily under this Act shall be extinguished on the acquisition of the land, whether compulsorily or by agreement, or on entry on the land in pursuance of section 11 (1) of the Act of 1965 as applied by this Act, whichever is the sooner. 2 All private rights of way over any land of which the Corporation may take temporary possession under this Act shall be suspended and unenforceable against the Corporation for so long as the Corporation shall remain in lawful possession thereof. 3 Any person who suffers loss by the extinguishment or suspension of any right under this section shall be entitled to compensation to be determined in case of dispute in accordance with Part I of the Land Compensation Act 1961. Power to acquire new rights 30 1 In this section references to the purchase by the Corporation of new rights are references to the purchase of rights to be created in favour of the Corporation. 2 The Corporation may, for the purposes of constructing, maintaining, protecting, renewing and using any of the authorised works, purchase compulsorily such new rights as they may require over any of the lands that may be acquired compulsorily under this Act instead of acquiring those lands. 3 The Act of 1965 as applied by this Act shall have effect with the modifications necessary to make it apply to the compulsory purchase of rights under subsection (2) above as it applies to the compulsory purchase of land so that, in appropriate contexts, references in that Act to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the context. 4 Without prejudice to the generality of subsection (3) above, in relation to the purchase of rights under subsection (2) above— a Part I of the Act of 1965 shall have effect with the modifications specified in Schedule 4 to this Act; and b the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation. Acquisition of part only of certain properties 31 1 Where a copy of this section is endorsed on, or annexed to, a notice to treat served under the Act of 1965 as applied by this Act, the following provisions of this section shall apply to the land subject to the notice instead of section 8 (1) of that Act. 2 Where the land subject to the notice is part only of a house, building or factory, or part only of land consisting of a house together with any park or garden belonging thereto, then, if the person on whom the notice is served, within 21 days after the day on which the notice is served on him, serves on the Corporation a counter-notice objecting to the sale of the part and stating that he is willing and able to sell the whole (hereafter in this section referred to as “the land subject to the counter-notice”), the question whether he shall be required to sell the part shall, unless the Corporation agree to take the land subject to the counter-notice, be referred to the tribunal. 3 If the said person does not serve such a counter-notice as aforesaid within 21 days after the day on which the notice to treat is served on him, or if on such a reference to the tribunal the tribunal determine that the part subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, in the case of part of land consisting of a house together with a park or garden belonging thereto, 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 said person shall be required to sell the part. 4 If, on such a reference to the tribunal, the tribunal determine that part only 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, the notice to treat shall be deemed to be a notice to treat for that part. 5 If, on such a reference to the tribunal, the tribunal determine that 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 that 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 Corporation are authorised to acquire compulsorily under this Act. 6 If the Corporation agree 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 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 Corporation are authorised to acquire compulsorily under this Act. 7 In any case where, by virtue of a determination by the tribunal under subsection (4), (5) or (6) above, a notice to treat is deemed to be a notice to treat for part of the land specified in the notice or for more land than is specified in the notice, the Corporation may, within six weeks after the tribunal make their determination, withdraw the notice to treat, and if they do so shall pay to the person on whom the notice was served compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in default of agreement by the tribunal. 8 For the purposes of subsection (7) above, the determination shall not be taken to have been made so long as— a the time for requiring the tribunal to state a case with respect to the determination has not expired; b any proceedings on points raised by a case stated have not been concluded; or c any proceedings on appeal from any decision on points raised by a case stated have not been concluded. 9 Where a person is required under this section to sell part only of a house, building or factory, or of land consisting of a house together with any park or garden belonging thereto, the Corporation shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of his interest therein. Disregard of recent improvements and interests 32 In determining a question with respect to compensation claimed in consequence of the compulsory acquisition of land (including rights) under this Act, 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, whether on the land acquired, or, as the case may be, on the land over which rights are acquired, or on any other land with which the claimant is, or was, at the time of erection, executing or making of the building, works, improvement or alteration, directly or indirectly concerned; if the tribunal are 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, as the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation. Set-off for enhancement in value of retained land 33 1 In this section “relevant land” means any land or any new rights over any land purchased by the Corporation for the purposes of the authorised works. 2 In assessing the compensation payable to any person on the purchase by the Corporation from him of any relevant land, the tribunal shall— a have regard to the extent to which the land or the remaining contiguous lands belonging to the same person may be benefited by any of the authorised works; and b set off against the value of the relevant land any increase in value of the remaining contiguous lands belonging to the same person which will accrue to him by reason of the construction of any of the authorised works. 3 The Land Compensation Act 1961 shall have effect subject to the provisions of this section. Temporary possession of land 34 1 In this section “the relevant land” means so much of any of the lands specified in Part II of Schedule 3 to this Act as is not within the limits of deviation for any of the authorised works. 2 Subject to the provisions of this section, the Corporation may take temporary possession of and use the relevant land for the provision of working sites and access for construction purposes. 3 Not less than 28 days before entering upon and taking temporary possession of the relevant land the Corporation shall give notice to the owners and occupiers of the land. 4 a The Corporation shall not, without the agreement of the owners and occupiers, remain in possession of any part of the relevant land under the powers of this section after a period of 18 months from the completion of the authorised works. b Before giving up possession of the relevant land, the Corporation shall remove all temporary works and restore the relevant land to the reasonable satisfaction of the owners and occupiers thereof; but the Corporation shall not be required to replace a building removed by them under this section. 5 a The Corporation shall not be empowered to purchase compulsorily, or be required to purchase, any part of the relevant land. b The Corporation shall compensate the owners and occupiers of the relevant land for any loss or damage which may result to them by reason of the exercise of the powers of this section in relation to the relevant land. c Nothing in this section shall relieve the Corporation from liability to compensate under section 6 or 43 of the Act of 1845 or section 10 (2) of the Act of 1965 as incorporated or applied by this 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 (b) above. 6 Every case of compensation under this section shall be determined in case of dispute in accordance with Part I of the Land Compensation Act 1961. Provision for mortgagors in certain cases 35 1 This section applies where— a the whole or part of the interest of a resident owner occupier (“the relevant owner”) in land is acquired in consequence of the construction of Tramlink; b at the date of the passing of this Act the interest is subject to one or more mortgages; c at the valuation date, the principal, interest and costs secured on the land by that mortgage or those mortgages (“the mortgage debt”) exceeds 90 per cent. of the open market value of the whole of the relevant owner’s interest in the land; and d the whole of the mortgage debt is required by the mortgagee or mortgagees to be repaid on the disposal by the relevant owner of the interest in the land to be acquired as mentioned in paragraph (a) above. 2 Where this section applies the acquiring authority may, if so required by the relevant owner, either— a lend to him on the terms mentioned in subsection (3) below a sum equal to the amount by which the mortgage debt exceeds 90 per cent. of the open market value of the whole of his interest in the land at the valuation date; or b if another person lends that sum to the relevant owner on the terms mentioned in subsection (3) or on other terms acceptable to the relevant owner, guarantee any default on the part of the relevant owner in the payment of that loan and of all interest payable under it. 3 Any loan made under subsection (2) (a) above shall, unless otherwise agreed between the parties, be made on the same terms (except as to security) as those on which the mortgage (or, if there was more than one, the last mortgage) referred to in subsection (1) (b) above was made. 4 Any loan made under subsection (2) (a) above shall, if the acquiring authority so require, be secured— a by way of a second mortgage, on any land purchased by the relevant owner within two years from the valuation date; and b where only part of the relevant owner’s interest in the land has been acquired, by way of a first mortgage on the land retained by the relevant owner (in addition to the mortgage referred to in paragraph (a) above). 5 Where the acquiring authority enter into a guarantee under subsection (2) (b) above, the relevant owner and his personal representatives shall indemnify the acquiring authority against all actions, proceedings, liability, claims, damages, costs and expenses in relation to or arising out of the guarantee. 6 For the purposes of this section an interest in land shall be taken to be acquired in consequence of the construction of Tramlink if— a it is acquired by the Corporation for the purposes of the Act; or b it is acquired by the Corporation or the Council in pursuance of any undertaking given to a Parliamentary Committee during the passage through Parliament of the Bill for this Act or any undertaking or agreement given to a person in consideration of his refraining from opposition to that Bill. 7 In this section— “acquiring authority” means the Corporation or, as the case may be, the Council; “the mortgage debt” means the principal, interest and costs referred to in subsection (1) (c) above; “the relevant owner” means the owner occupier referred to in subsection (1) above; “resident owner occupier” has the same meaning as in Chapter II of Part VI of the Town and Country Planning Act 1990; and “valuation date” means the date on which the relevant owner’s interest falls to be valued for the purposes of the acquisition (whether under the enactments relating to compulsory purchase or under the agreement or undertaking concerned). Correction of errors in deposited plans and book of reference 36 1 If the deposited plans or the deposited book of reference are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the Corporation, after giving not less than 10 days' notice to the owner, lessee and occupier of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction thereof. 2 If on any such application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices shall certify the fact accordingly and shall in their certificate state in what respect any matter is misstated or wrongly described. 3 The certificate shall be deposited in the office of the Clerk of the Parliaments, and a copy thereof in the Private Bill Office, House of Commons, and with the proper officer of the London borough council for the area in which the land is situated and thereupon the deposited plans and the deposited book of reference shall be deemed to be corrected according to the certificate, and it shall be lawful for the Corporation to take the land or, as the case may be, a right over the land and execute the works in accordance with the certificate. 4 A person with whom a copy of the certificate is deposited under this section shall keep it with the other documents to which it relates. Period of compulsory purchase of lands or rights 37 1 The powers of the Corporation for the compulsory acquisition of the lands and rights which they are authorised to acquire by this Part of this Act shall not be exercised after the expiration of five years from the passing of this Act. 2 The powers of the Corporation for the compulsory acquisition of the said lands and rights shall, for the purposes of this section, be deemed to have been exercised if notice to treat has been served in respect of those lands and rights. Extinguishment of powers of compulsory purchase of lands or rights 38 1 The compulsory purchase powers shall cease to have effect if— a a period of not less than 3 years beginning with the day on which this Act is passed has expired; b none of those powers has been exercised; and c after the expiry of the said period of 3 years, a resolution in pursuance of this section is passed by each of the following:— i the Council; ii the Council of the London borough of Merton; and iii the Council of the London borough of Bromley. 2 For the purposes of this section— a “compulsory purchase powers” means the powers of the Corporation for the compulsory acquisition of lands or rights under this Part of this Act; and b the compulsory purchase powers shall be deemed to have been exercised if notice to treat has been served under those powers in respect of any land or rights. Part IV Miscellaneous and general Crown rights 39 1 Nothing in this Act affects prejudicially any estate, right, power, privilege or exemption of the Crown and, without prejudice to the generality of the foregoing, nothing in this Act authorises the Corporation to take, use or in any manner interfere with any land or hereditaments or any rights of whatsoever description— a belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or b belonging to Her Majesty in right of Her Crown and under the management (pursuant to any statute or otherwise) of the Secretary of State, without his consent in writing; or c belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department. 2 A consent under subsection (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate. 3 Nothing in this section shall prejudice or affect the exercise of statutory powers to carry out works in or affecting any highway vested in or maintained by the Secretary of State. Environmental protection 40 The following provisions shall, unless otherwise agreed in writing between the Corporation and the Council, have effect:— 1 In this section— “construction” includes placing, alteration and renewal; “plans” includes sections, drawings, specifications, particulars and descriptions (including descriptions of methods of construction); “the specified works” means so much of Works Nos. 3, 3A, 3B, 4, 5 and 6 as may be constructed in the London borough of Croydon. 2 The Corporation shall, before commencing the construction of the specified works, supply to the Council proper and sufficient plans thereof for their approval and shall not commence the specified works until plans thereof have been approved in writing by the Council, or settled by arbitration in accordance with subsection (5) below: Provided that if within 56 days after such plans have been supplied to the Council they shall not have notified their disapproval thereof and the grounds of their disapproval, they shall be deemed to have approved the plans as supplied: 3 The construction of the specified works shall, when commenced, be carried out in accordance with the plans as approved by the Council or deemed to have been so approved or settled by arbitration in accordance with subsection (5) below. 4 The Council may not withhold their approval under this section except in respect of any detail of the plans which— a in their reasonable opinion will cause unacceptable detriment to the environment or to the amenity of the borough; and b is susceptible of a reasonable alternative which will not in their reasonable opinion cause such detriment. 5 Any difference arising between the Corporation and the Council under this section shall be referred to and settled by arbitration but the Corporation and the Council shall use their best endeavours to ensure that proceedings before an arbitrator commence in every case within 7 days of the Corporation or the Council registering such a difference. Power to lop trees overhanging railway 41 1 The Corporation may cut and lop any trees in or near any railway forming part of Tramlink which may in any way interfere with the construction or working of the railway or cables, wires or other apparatus, or with the clear and safe passage of carriages and their passengers. 2 In exercising the powers of this section the Corporation shall do no unnecessary damage to trees and shall pay compensation to any person who may sustain damage by reason of the exercise of the powers. 3 Every case of compensation under subsection (2) above shall be determined in case of dispute in accordance with Part I of the Land Compensation Act 1961. Traffic control 42 1 The Corporation shall not exercise the powers conferred by section 11 (Subsidiary works) of this Act in relation to any signalling, monitoring or communication equipment the purpose of which is to control traffic on any tramway comprised in Tramlink except with the consent of the Secretary of State. 2 Subject to any general or specific directions given by the Secretary of State, the Corporation shall not exercise the powers conferred by that section in relation to any signalling, monitoring or communication equipment the purpose of which is to control general traffic on the street in which the tramway is laid as well as traffic on the tramway itself except with the consent of the highway authority. 3 Subject to any general or specific directions given by the Secretary of State, the highway authority shall, unless otherwise agreed with the Corporation, operate any such signalling, monitoring or communications equipment as is referred to in subsection (1) above if the purpose of operating that equipment is to control general traffic on the street in which the tramway is laid as well as traffic on the tramway itself. Removal of obstructions 43 1 If any obstruction to traffic on Tramlink is caused by— a a vehicle on any tramway or at any level crossing waiting, loading, unloading or breaking down; or b a load falling on any tramway or at any level crossing from a vehicle; the person in charge of the vehicle shall forthwith remove the vehicle or the load so as to prevent the continuance of the obstruction and, if he fails to do so, the Corporation may remove the vehicle or load, taking all necessary steps for that purpose, and may recover from any person responsible the expenses reasonably incurred in doing so. 2 In subsection (1) above “person responsible” means— a in the case of a vehicle waiting, loading, unloading or breaking down— i the owner of the vehicle at the time at which it became an obstruction to traffic on Tramlink unless he shows that he was not concerned in, or aware of, the vehicle being put or left in that place at that time; and ii the person by whom the vehicle was put or left in the place in which it became an obstruction to traffic on Tramlink; and b in the case of a load falling from a vehicle— i the owner of the vehicle at the time of that event unless he shows that he was not concerned in, or aware of, the vehicle being put or left, or as the case may be, being in the place at which the load fell from it; and ii the person in charge of the vehicle at the time when the load fell from it. 3 For the purposes of this section 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. For better prevention of trespass on railways 44 1 Any person who trespasses upon any railway lines or sidings or in any tunnel or upon any embankment, cutting or similar work forming part of any railway comprised in Tramlink which is not designated as a tramway, or upon any other lands of the Corporation to which the public are not admitted in dangerous proximity to any such lines or other works or to any electrical apparatus used for or in connection with the working of any such railway, 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 section unless it is proved to the satisfaction of the court before which complaint is laid that public warning has been given to persons not to trespass upon the railways comprised in Tramlink by notice clearly exhibited and maintained at the station on Tramlink nearest to the place where the offence is alleged to have been committed. Penalty fares 45 1 The Secretary of State may, at the request of the Corporation, by order provide that any enactment (whether passed before or after this Act) relating to the imposition by the Corporation of penalty fares on passengers travelling on a bus service or a train service shall have effect, as from such date as may be specified in the order, with respect to passengers travelling on Tramlink with such modifications as may be specified in the order. 2 Any order under subsection (1) above, and any order revoking such an order, may contain such supplementary, incidental and consequential provisions (including transitional provisions) as may appear to the Secretary of State to be necessary or expedient. 3 The power to make an order conferred on the Secretary of State by subsection (1) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. 4 The Secretary of State may recover from the Corporation payment of administrative costs reasonably incurred by him in connection with an application for an order under subsection (1) above and, where the order is made, in connection with the making of the order subject to a maximum payment of £5,000 in respect of the application for and making of any such order. Byelaws relating to Tramlink 46 1 The Corporation may make byelaws regulating the use of and working of, and travel on, Tramlink, the maintenance of order on Tramlink and on the Corporation’s premises or other facilities provided in connection with Tramlink and the conduct of all persons including officers and servants of the Corporation while on those premises. 2 Without prejudice to the generality of subsection (1) above, byelaws under this section may contain provisions— a with respect to tickets issued for travel on Tramlink, 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 working of Tramlink or other facilities provided in connection with Tramlink; c with respect to the use of tobacco or other substances and the prevention of nuisances; d for regulating the passage of bicycles and other vehicles on ways and other places intended for the use of persons on foot within railway premises of the Corporation, not being premises within the boundary of any street; e for the safe custody and delivery or disposal of property found in premises of the Corporation forming part of, or provided in connection with, Tramlink, or elsewhere on Tramlink and for fixing the charges which may be made in respect thereof; and f for prohibiting or restricting the placing or leaving of any vehicle without its driver on any authorised railway, or in premises of the Corporation forming part of Tramlink. 3 Byelaws made under this section may provide that any person contravening them shall be liable on summary conviction to a fine not exceeding for each offence level 3 on the standard scale. 4 Without prejudice to the taking of proceedings under subsection (3) above, if the contravention of any byelaw having effect under this section is attended with danger or annoyance to the public, or hindrance to the Corporation in the conduct of Tramlink, it shall be lawful for the Corporation summarily to take action to obviate or remove the danger, annoyance or hindrance. 5 The power of making byelaws under this section shall include power to vary or repeal any byelaw previously made under this section. 6 Subsections (5) to (11) of section 67 of the Transport Act 1962 (confirmation of byelaws) shall apply to any byelaws made by the Corporation under this section as they apply to any byelaws made under that section. Carriages on Tramlink deemed public service vehicles 47 1 On such day as may be appointed under subsection (2) below, regulations made, or having effect as if made, under section 25 or 60 (1) (k) of the Public Passenger Vehicles Act 1981 (regulation of conduct of passengers and lost property) shall have effect as if the carriages used on Tramlink were public service vehicles used in the provision of a local service within the meaning of the Transport Act 1985. 2 a The Corporation may by resolution appoint a day for the purpose of any regulation mentioned in subsection (1) above, the day so appointed being fixed in accordance with paragraph (b) below. b The Corporation shall publish in a newspaper circulating in the area in which Tramlink is situated, notice— i of the passing of any such resolution and of the day fixed thereby; and ii of the general effect of the enactments for the purposes of which the day has been fixed; and the day so fixed shall not be earlier than the expiration of 28 days from the date of the publication of the notice. c A photostatic or other reproduction certified by the secretary of the Corporation to be a true reproduction of a page, or part of a page, of any newspaper bearing the date of its publication and containing the notice mentioned in paragraph (b) above shall be evidence of the publication of the notice and of the date of publication. Proposed discontinuance of services on Tramlink 48 The provisions of Schedule 5 to the Railways Act 1993 (procedure for closure of certain railway passenger services) shall apply in relation to any passenger services operating on Tramlink as if those services were for the time being designated in an order under section 49 (3) of that Act as railway passenger services in relation to which that Schedule is to have effect. Application of Railways Act 1993 49 For the avoidance of doubt it is hereby declared that Tramlink shall be deemed to be a tramway for the purposes of Part I of the Railways Act 1993. Transfer of functions 50 1 The Secretary of State may by order provide that all or any of the functions of the Corporation arising under this Act shall be transferred to and vested in any other person. 2 A transfer order may be made so as to transfer and vest such functions in a person for such period as may be specified in that order or for so long as the order remains in force. 3 Without prejudice to the power of the Secretary of State to revoke or amend a transfer order, a transfer order may specify circumstances in which that order shall cease to have effect before the expiry of any period specified in any such order. 4 A transfer order may include such supplementary, incidental, transitional and consequential provisions as the Secretary of State may consider to be necessary or expedient. 5 Upon expiry of any period specified in a transfer order in accordance with subsection (2) above or upon a transfer order being revoked or otherwise ceasing to have effect, the functions of the Corporation which were transferred by that order shall, by virtue of this subsection but subject to the effect of any further transfer order, be transferred to and vested in the Corporation but such vesting in the Corporation shall not make the Corporation subject to any of the liabilities of the person in whom those functions had previously been vested (other than liabilities which arise pursuant to any undertaking given to a Parliamentary Committee during the passage through Parliament of the Bill for this Act or any undertaking or agreement given to a person in consideration of his refraining from opposition to that Bill). 6 Notwithstanding the provisions of section 50 (2) of the Fair Trading Act 1973 the Director General of Fair Trading may make a monopoly reference, within the meaning of that Act, in respect of services consisting of the carriage of passengers or goods by rail on the authorised railways at any time during which the functions of the Corporation under this Act in respect of the provision of any of those services have been transferred to and are vested in any other person by virtue of a transfer order. 7 Subject to subsection (8) below, while the functions of the Corporation under this Act in respect of the provision of passenger services are vested in a transferee by virtue of a transfer order, it shall be the duty of the Committee to consider and, where it appears to them to be desirable, make recommendations with respect to any matter affecting such services which is— a the subject of representations (other than representations appearing to the Committee to be frivolous) made to the Committee by or on behalf of users of those services; or b referred to the Committee by the Secretary of State or by the transferee; or c in the opinion of the Committee a matter to which consideration ought to be given; and copies of the minutes, conclusions and recommendations of the Committee shall be sent to the Secretary of State, the transferee and to such person as may be directed by the Secretary of State. 8 a Subsection (7) above shall apply only after the opening for passenger services of the railway comprised within the authorised works and nothing in that subsection shall entitle the Committee to consider the charges made for any services, or to consider any question relating to the discontinuance or reduction of railway services or, subject to paragraph (b) below, any matter which is the subject of a monopoly reference by the Director General of Fair Trading pursuant to subsection (6) above. b Nothing in subsection (8) (a) above shall affect consideration under section 81 of the Fair Trading Act 1973 of any representations made by the Committee pursuant to that section or preclude the Committee from being heard orally under that section. 9 The power to make a transfer order shall be exercisable by statutory instrument. 10 The Secretary of State may recover from the Corporation payment of administrative costs reasonably incurred by him in connection with an application for an order under this section and, where the order is made, in connection with the making of the order subject to a maximum payment of £5,000 in respect of the application for and making of any such order. 11 In this section— “the Committee” means the London Regional Passengers' Committee; “functions” includes powers, duties and obligations; “transferee” means the person to whom the functions of the Corporation under this Act in respect of the provision of passenger services have been transferred by virtue of a transfer order; and “transfer order” means an order made under this section. As to land of Council 51 1 Notwithstanding the provisions of section 123 (2) of the Local Government Act 1972, where land held by the Council is shown on the deposited plans within the limits of deviation for the authorised works or within the limits of land to be acquired or used, the Council may dispose of that land to the Corporation for a consideration less than the best that can reasonably be obtained. 2 Where by virtue of subsection (1) above the Council dispose of land which is held— a for the purposes of section 164 of the Public Health Act 1875 (pleasure grounds); or b in accordance with section 10 of the Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds), the land shall by virtue of the disposal be freed from any trust arising solely by virtue of its being land held in trust for enjoyment by the public in accordance with the said section 164 or, as the case may be, the said section 10. 3 Subsection (4) below shall apply if— a the construction of the authorised works shall not have begun within the period specified in section 55 (2) (Planning permission) of this Act, or b the provisions of this Act which confer power to construct, maintain and operate so much of Tramlink as is situated, or is to be situated, on the designated land are repealed, and at the end of that period or (as the case may be) on the day on which the provisions are repealed any land which adjoins the designated land is held by the Council or any other person on terms (however expressed and whether imposed by or under statute or any other instrument) requiring the land to be preserved or regulated as a park, recreation ground or public open space for the enjoyment of the public. 4 Where this subsection applies, the Secretary of State may, on an application made in accordance with subsection (5) below by any interested person, make an order vesting the designated land or any part of that land in such person as he may determine on the same terms as the adjoining land is held or on such other terms as he shall consider appropriate, being terms which secure that the designated land (or that part of it) is preserved or regulated as a park, recreational ground or public open space for the enjoyment of the public. 5 An application under subsection (4) above shall be made in writing and— a in a case falling within paragraph (a) of subsection (3) above, within 12 months of the end of the period referred to in that paragraph, or b in a case falling within paragraph (b) of that subsection, within 12 months of the repeal of the provisions referred to in that paragraph. 6 The Secretary of State shall not make an order under subsection (4) above in relation to any land unless he is satisfied that the land is no longer required for the purposes of Tramlink; and before making such an order he shall give to the owner, lessee or occupier of the land the opportunity of making representations. 7 In this section— “the designated land” means so much of the land in the London borough of Croydon shown numbered 5A, 76, 78, 79, 81, 98, 99, 102, 104, 106, 108, 112, 118 and 126 on the deposited plans, and so much of the land in the London borough of Bromley shown numbered 1 on those plans, as may be acquired for the purposes of Tramlink pursuant to the powers conferred by this Act; and “the adjoining land” means the land adjoining the designated land and referred to in subsection (3) above. Power of Council to make agreements 52 The Council may enter into and carry into effect agreements with respect to the construction, maintenance, use and operation of Tramlink or any part or parts thereof and as to any other matters incidental or subsidiary thereto or consequential thereon. As to application of certain railway enactments 53 1 Any enactment by which any railway or former railway of the railways board comprised within the affected properties was authorised shall have effect subject to the provisions of this Act. 2 Nothing in subsection (1) above shall prejudice any express statutory provision for— a the protection of the owner, lessee or occupier of any specifically designated property; or b the protection or benefit of any public trustees or commissioners, corporation or other person, specifically named in such provision. 3 In this section “affected properties” has the same meaning as in section 16 (Agreements with British Railways Board) of this Act. Saving for Reservoirs Act 1975 54 Nothing in this Act shall affect the application of the Reservoirs Act 1975. Planning permission 55 1 In this section “Part 11 development” means development permitted by article 3 of, and Part 11 of Schedule 2 to, the Town and Country Planning General Development Order 1988 (which permits development authorised by private Act designating specifically both the nature of the development thereby authorised and the land on which it may be carried out). 2 Subject to the provisions of subsection (3) below, in its application to development authorised by this Act, the planning permission granted for Part 11 development shall have effect as if the authority to develop given by this Act were limited to development begun within 10 years of the passing of this Act. 3 Subsection (2) above shall not apply to the carrying out of any development consisting of the alteration, maintenance or repair of works authorised by this Act or the substitution of new works therefor. 4 Without prejudice to the planning permission granted for Part 11 development, it is hereby declared for the avoidance of doubt that, for the purposes of Part 17 of Schedule 2 to the said Order of 1988 (which permits certain development by statutory undertakers)— a the tramways comprised in Tramlink and the works and conveniences connected with those tramways shall be taken to be a tramway undertaking within Class H of that Part of that Schedule; and b the authorised railways other than tramways comprised in Tramlink and the works and conveniences connected with those railways shall be taken to be a light railway undertaking within Class A of that Part of that Schedule. For protection of British Railways Board 56 For the protection of the railways board the following provisions shall, unless otherwise agreed in writing between the Corporation and the railways board for the purposes of this section, have effect:— 1 In this section— “construction” includes reconstruction and, where the context so admits, includes maintenance and repair of the specified works; “the engineer” means an engineer to be appointed by the railways board; “plans” includes sections, drawings, particulars and schedules of construction; “railway property” means any railway of the railways board, and any works, apparatus and equipment of the railways board connected therewith and includes any land held or used by the railways board for the purposes of such railway or works; and “the specified works” means so much of the authorised works as may be situated upon, across, under, over or within 15 metres of railway property or may in any way affect railway property. 2 The exercise by the Corporation against the railways board of the powers of section 11 (3) of the Act of 1965 shall be confined to lands which the Corporation are empowered to acquire compulsorily under section 28 (Power to acquire lands) of this Act. 3 In its application to the service on the railways board of notice of entry in respect of the following lands:— the lands of the railways board delineated on the deposited plans and therein numbered 56, 57, 58, 60, 62, 66, 84, 85, 86, 87, 88, 89, 90 and 91 in the London borough of Croydon, section 11 (1) of the Act of 1965 (as incorporated by section 5 (1) (Application of Part I of Compulsory Purchase Act 1965) of this Act) shall have effect as if for the word “fourteen” there were substituted the words “one hundred and eighty”. 4 No part of the track formation of the authorised railways shall be constructed so as to pass beneath the track formation of any operational railway of the railways board: Provided that this subsection shall not preclude the construction of track formation beneath a bridge carrying an operational railway of the railways board. 5 Except with the consent of the railways board— a the Corporation shall not in the exercise of the powers of this Act interrupt or prejudicially affect pedestrian or vehicular access to any operational station of the railways board or any other railway property; and b the provisions of section 29 (Extinction of private rights of way) of this Act shall not apply to any right of access of the railways board to any railway property: Provided that such consent shall not be unreasonably withheld but may be given subject to reasonable conditions. 6 The Corporation shall not under the powers of this Act enter upon any railway property for the purpose of exercising its powers under section 41 (Power to lop trees overhanging railway) of this Act without the consent of the railways board which shall not be unreasonably withheld but which may be given subject to reasonable conditions. 7 a The Corporation shall, before commencing the construction of the specified works, furnish to the railways board such proper and sufficient plans thereof (including, in the case of the works described in paragraphs (xiii), (xiv), (xx) and (xxi) of Part II of Schedule 1 to this Act, particulars as to the working methods and the regulation of traffic in the vicinity of the works) as may reasonably be required by the engineer and shall not commence the specified works until plans thereof have been approved in writing by the engineer or settled by arbitration as provided in paragraph (b) below; b The engineer’s approval under paragraph (a) above shall not be unreasonably withheld and any question of whether it has been unreasonably withheld shall be settled by arbitration, and in any event if within 56 days after such plans have been furnished to the railways board the engineer has not notified his disapproval thereof and the grounds of his disapproval, he shall be deemed to have approved the plans as submitted. 8 If within 56 days after such plans have been furnished to the railways board, the railways board give notice to the Corporation that the railways board themselves desire to construct any part of the specified works, which in the opinion of the engineer will or may affect the stability of railway property and the safe operation of the railways of the railways board, then, if the Corporation desire such part of the specified works to be constructed, the railways board shall construct it with all reasonable dispatch on behalf of, and to the reasonable satisfaction of, the Corporation in accordance with the plans approved or deemed to be approved or settled as aforesaid. 9 Upon signifying his approval or disapproval of the plans the engineer may specify any protective works, whether temporary or permanent, which in his opinion should be carried out before the commencement of the construction of the specified works to ensure the stability of railway property, the continuation of safe and effective operation of the railways of the railways board (including any relocation of works, apparatus and equipment necessitated by the specified works) and the comfort and safety of their passengers who may be affected by the specified works, and such protective works as may be reasonably necessary for those purposes shall be constructed by the railways board with all reasonable dispatch or, if the railways board so desire, such protective works shall be carried out by the Corporation at their own expense, and the Corporation shall not commence the construction of the specified works until the engineer has notified the Corporation that the protective works have been satisfactorily completed. 10 The Corporation shall give to the engineer not less than 56 days' notice of their intention to commence the construction of any of the specified works and also, except in emergency (when they shall give such notice as may be reasonably practicable), of their intention to carry out any works for the repair or maintenance of the specified works insofar as such works of repair or maintenance affect or interfere with railway property. 11 The construction of the specified works and of any protective works carried out by the Corporation by virtue of the provisions of subsection (9) above shall, when commenced, be carried out with all reasonable dispatch in accordance with the plans approved or deemed to be approved or settled as aforesaid and under the supervision (if given), and to the reasonable satisfaction, of the engineer, and in such manner as to cause as little damage as may be to railway property and as little interference as may be with the conduct of traffic on the railways of the railways board and the use by passengers of railway property and, if any damage to railway property or any such interference is caused by the carrying out of the specified works, the Corporation shall, notwithstanding any such approval as aforesaid, make good such damage and shall pay to the railways board all reasonable expenses which the railways board may reasonably incur and compensation for any loss which they may sustain by reason of any such damage or interference: Provided that nothing in this subsection shall impose any liability on the Corporation with respect to any damage, cost, expense or loss which is attributable to the act, neglect or default of the railways board or their servants or agents. 12 Without prejudice to the generality of subsections (9) and (11) above, the railways board may, in approving the plans of or in supervising the carrying out of the specified works or of any protective works carried out by the Corporation by virtue of the provisions of subsection (9) above, impose reasonable conditions with a view to ensuring that— a nothing shall be done by or on behalf of the Corporation which impedes the free, uninterrupted and safe flow of passengers to and from the Wimbledon, Mitcham Junction, West Croydon, East Croydon, Elmers End, Birkbeck and Beckenham Junction stations of the railways board; b dust sheets and other works and working methods are used so as to prevent, so far as practicable, any dust or dirt from the relevant works affecting such passengers; and c adequate signing of all alterations of routes for passengers and of any hazards or obstructions to the free movement of passengers is provided. 13 The Corporation shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and shall supply him with all such information as he may reasonably require with regard to the specified works or the method of construction thereof. 14 During the construction of any works by the railways board under this section the railways board shall at all times afford reasonable facilities to the Corporation and their agents for access to those works, and shall supply the Corporation with such information as they may reasonably require with regard to such works or the method of construction thereof. 15 If any alterations or additions, either permanent or temporary, to railway property are reasonably necessary during the construction of the specified works, or during a period of 12 months after the completion thereof, by reason of the construction of the specified works, such alterations and additions may be carried out by the railways board and, if the railways board give to the Corporation reasonable notice of their intention to carry out such alterations or additions, the Corporation shall pay to the railways board the reasonable cost thereof including, in respect of permanent alterations and additions, a capitalised sum representing any increase in the costs which may be expected to be reasonably incurred by the railways board in maintaining, working and, when necessary, renewing any such alterations or additions: Provided that, if the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving shall be set off against any sum payable by the Corporation to the railways board under this section. 16 The Corporation shall repay to the railways board all reasonable costs, charges and expenses reasonably incurred by the railways board— a in constructing any part of the specified works on behalf of the Corporation as provided by subsection (8) above or in constructing any protective works under the provisions of subsection (9) above, including, in respect of any permanent protective works, a capitalised sum representing the costs which may be expected to be reasonably incurred by the railways board in maintaining and renewing such works; b in respect of the employment of any inspectors, signalmen, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works; c in respect of any special traffic working resulting from any speed restrictions which may, in the opinion of the engineer, require to be imposed by reason of the construction or failure of the specified works, or from the substitution or diversion of services which may be reasonably necessary for the same reason; d in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason of the construction or failure of the specified works; e in respect of the supervision by the engineer of the construction of the specified works. 17 The Corporation shall be responsible for, and make good to the railways board, all reasonable costs, charges, damages and expenses not otherwise provided for in this section which may be occasioned to, or reasonably incurred by, the railways board— a by reason of the construction of the specified works (as opposed to their existence) or the failure thereof; or b by reason of any act or omission of the Corporation or of any person in their employ, or of their contractors or others whilst engaged upon the construction of the specified works; and the Corporation shall indemnify the railways board from and against all claims and demands arising out of or in connection with the construction of the specified works or any such failure, act or omission as aforesaid, and the fact that any act or thing may have been done in accordance with any requirement of the engineer or under his supervision, shall not (if it was not attributable to the act, neglect or default of the railways board, or of any person in their employ, or of their contractors or agents) excuse the Corporation from any liability under the provisions of this section: Provided that the railways board shall give to the Corporation reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the Corporation. 18 Any difference arising between the Corporation and the railways board under this section (other than a difference as to the meaning or construction of this section) shall be referred to and settled by arbitration. Protection of certain bodies and persons 57 Schedule 5 to this Act shall have effect for protecting the interests of the bodies and persons specified in that Schedule. Arbitration 58 Where under this Act any difference (other than a difference to which the provisions of the Act of 1965 as applied by this Act apply) is to be determined by arbitration, then, unless otherwise provided, the difference 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.