Page:South Yorkshire Light Rail Transit Act 1989(ukla19890019en).pdf/19

Rh (2) In subsection (4) of the said section 41 and in subsection (4) of section 43 (Byelaws relating to bus stations, etc.) of the Act of 1988, the reference to action to obviate or remove danger, annoyance or hindrance includes—

(a) in the case of a vehicle parked in any part of any LRT premises which is not a public highway, in contravention of any byelaw having effect under the said section 41, or, as the case may be;

(b) in the case of a vehicle parked in any part of a bus station which is not a public highway, in contravention of any byelaw having effect under the said section 43;

action to fix to the vehicle a device or appliance for the purpose of preventing it from being driven or put in motion, together with a notice specifying the steps to be taken to secure the release of the vehicle from the device or appliance.

Powers of disposal, agreements for operation, etc.

28.—(1) The Executive may, with the consent of the Secretary of State, sell, lease, charge or otherwise dispose of, on such terms and conditions as they think fit, the whole or any part of the LRT system or the right to operate the LRT system.

(2) Without prejudice to the generality of subsection (1) above, the Executive may enter into and carry into effect agreements with other persons with respect to any of the following matters, namely the construction, maintenance, use and operation of the LRT system, or any part or parts of that system. by any other person, and other matters incidental or subsidiary thereto or consequential thereon, and the defraying of, or the making of contributions towards, the cost of the matters aforesaid by the Executive or any other person.

(3) Any agreement under subsection (2) above may provide (inter alia) for the exercise by any person of the powers of the Executive in respect of the LRT system. or any part or parts thereof, and for the transfer to any person of the LRT system, or any part or parts thereof, together with the rights and obligations of the Executive in relation thereto.

(4) The exercise of the powers of any enactment by any person in pursuance of any sale, lease, charge or disposal under subsection (1) above, or any agreement under subsection (2) above, shall be subject to the same restrictions, liabilities and obligations as would apply under the Act of 1988 and this Act, or under any agreement or undertaking concerning the exercise of the powers of those Acts, if those powers were exercised by the Executive.

(5) The railways board may enter into and carry into effect agreements with the Executive under subsection (2) above.

(6) text=Section 45 (Leases and agreements for operation of LRT system) of the Act of 1988 is hereby repealed.

Arbitration.

29. Where under this Act any difference (other than a difference to which the provisions of the, as applied by the Act of 1988 and 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.

Planning permission.

30.—(1) Subject to subsection (2) below, in its application to development authorised by this Act, the planning permission specified in subsection (3) below shall have effect as if the authority to develop given by this Act were limited to development begun within 10 years after the passing of this Act.