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(a) section 17 of the Greater Manchester (Light Rapid Transit System) Act 1988;

(b) article 22(3) of the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996[4];

(c) article 22(3) of the Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997[5]; and

(d) article 24(3) of the Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998[6].

General duty in respect of construction and maintenance
     4. —(1) This article applies in relation to any tramway authorised by—

The Greater Manchester (Light Rapid Transit System) Act 1988;

The Greater Manchester (Light Rapid Transit System) (No. 2) Act 1988[7];

The Greater Manchester (Light Rapid Transit System) Act 1990[8];

The Greater Manchester (Light Rapid Transit System) (No. 2) Act 1990[9];

The Greater Manchester (Light Rapid Transit System) Act 1991[10];

The Greater Manchester (Light Rapid Transit System) Act 1992[11];

The Greater Manchester (Light Rapid Transit System) Act 1994[12];

The Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996;

The Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997;

The Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998;

The Greater Manchester (Light Rapid Transit System) (Airport Extension Order 1997) (Moor Road Modification) Order 1999[13];

The Greater Manchester (Light Rapid Transit System) (Mumps Surface Crossing) Order 2001[14]; and

The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002[15].

    (2) Where a tramway is constructed along a street or in any place to which the public has access (including a place to which the public has access only on making a payment) the Executive shall take such care as in all the circumstances is reasonable to ensure that the tramway is constructed and maintained so that the street or other place is safe for others.

    (3) When considering what measures are required under paragraph (2) the Executive shall have particular regard to the character and usage of the street or other place and to those who could reasonably be expected to use it.

Liability in respect of repair of streets
     5. —(1) In an action against the Executive in respect of damage resulting from any failure by it to maintain a street pursuant to its duty under—

(a) article 13 of the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996;

(b) article 14 of the Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997; and

(c) article 14 of the Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998;

it shall be a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the Executive had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

    (2) For the purposes of a defence under paragraph (1), the court shall in particular have regard to the following matters—

(a) the character of the street including its use for a railway, tramroad or tramway, and the traffic which was reasonably to be expected to use it;

(b) the standard of maintenance appropriate for a street of that character and used by such traffic;

(c) the state of repair in which a reasonable person would have expected to find the street;

(d) whether the Executive knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and

(e) where the Executive could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed;

but for the purposes of such a defence it is not relevant that the Executive had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that the Executive had given him proper instructions with regard to the maintenance of the street and that he had carried out those instructions.

Cessation of general road maintenance liability
     6. Section 28 of the Tramways Act 1870[16] (repair of part of road where tramway is laid) shall cease to apply to any part of the Executive's undertaking and, accordingly section 14 (application of Tramways Act 1870) of the Greater Manchester (Light Rapid Transit System) Act 1988 is amended by the insertion in subsection (9) of "28" after "sections".



Signed by the authority of the Secretary of State


Ellis Harvey
Head of the Transport and Works Act Orders Unit Department for Transport

20th February 2006

[2] 1992 c. 42, as amended by S.I. 1995/1541 and S.I. 1998/2226.back

[3] 1988 c. i.back

[4] S.I. 1996/2714.back

[5] S.I. 1997/1266.back

[6] S.I. 1998/1936 as amended by S.I. 2001/224.back

[7] 1988 c. ii.back

[8] 1990 c. xv.back

[9] 1990 c. xxiii.back

[10] 1991 c. xvi as amended by S.I. 2003/2907.back

[11] 1992 c. xviii.back

[12] 1994 c. vi.back

[13] S.I. 1999/217.back

[14] S.I. 2001/1368.back

[15] S.I. 2002/1327.back

[16] 1870 c. 78.back

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