The Rixton and Warburton Bridge Order 2024

SCHEDULE 1 LEVEL OF TOLLS

Article 8 PART 1 LEVEL OF TOLLS Tolls 1 (1) The maximum tolls that MSCC may demand and take in respect of passing over the Rixton and Warburton Bridge are £1.00 as may be adjusted in accordance with sub-paragraphs (2) and (5). (2) MSCC may make an adjustment in April of any year in the amount of tolls specified in sub-paragraph (1), as may be revised under sub-paragraph (5), and any such adjustment will be no more than the percentage difference between the consumer price index for February of that year and the consumer price index for the month of February immediately preceding the making of this Order and then subtracting one per cent. (3) References in sub-paragraph (2) to the consumer price index are to the monthly United Kingdom index of Consumer Prices (for all items) published by the Office for National Statistics (or such other measure of consumer price inflation which replaces it). (4) If that index is not published for any month, those references are to any other index, or substitute for that index, for that month published by that office for that month. (5) The amount of toll specified in sub-paragraph (1), as may be adjusted in accordance with sub-paragraph (2), will be revised by the amount of any changes to the VAT. (6) MSCC may only charge the toll under sub-paragraph (1) up to a maximum of two crossings over the Rixton and Warburton Bridge per day. (7) In this article, “VAT” means Value Added Tax or any other tax replacing that tax. 2 (1) Subject to article 8(7) (tolls) and sub-paragraphs (2) and (3) MSCC at any time by resolution may determine— (a) the amount of any tolls under paragraph 1, provided it does not exceed the maximum amount set out in that paragraph; or (b) different level of tolls for different classes of vehicles provided it does not exceed the maximum amount set out in paragraph 1; or (c) the classification of vehicles or classes of vehicles in respect of which tolls may be charged in accordance with paragraph 1. (2) Whenever MSCC proposes to exercise its power in accordance with sub-paragraph (1) MSCC must publish in at least one local newspaper circulating in the area in which the Rixton and Warburton Bridge is situated, a notice substantially in the form set out in Part 2 of this Schedule. (3) MSCC may charge the tolls set out in a notice given under sub-paragraph (2) from the day 28 days after that on which the notice referred to in sub-paragraph (2) is published. (4) The toll in respect of any vehicle or class of vehicles may not be varied pursuant to this paragraph if less than 12 months have passed following the previous exercise by MSCC of its powers under this paragraph. 3 (1) Whenever MSCC proposes to revise the toll that applies in respect of any vehicle or class of vehicles pursuant to paragraph 2 MSCC must publish a notice substantially in the form set out in Part 2 of this Schedule— (a) in at least one local newspaper circulating in the area in which the Rixton and Warburton Bridge is situated; and (b) send an electronic transmission to the person registered to any Account. (2) MSCC may charge the tolls set out in a notice given under sub-paragraph (1) from the day 28 days after that on which the notice referred to in sub-paragraph (1) is published. Local residents’ discount 4 Subject to the provisions of paragraph 5 of this Part of the Schedule, MSCC must apply a discount of 50% to tolls payable in respect of passing over the Rixton and Warburton Bridge in respect of a vehicle for which the registered keeper is a local resident. 5 (1) The obligation under paragraph 4 in respect of local residents’ discount may be modified or discharged— (a) by agreement between the undertaker and the local highway authorities executed as a deed in respect of the Rixton and Warburton Bridge; or (b) by the Secretary of State in accordance with provisions of this Part of the Schedule. (2) Any request by MSCC for agreement under section 5(1)(a) must be made to the monitoring officer of the relevant local highway authority. (3) The undertaker may, at any time after the expiry of the period of five years beginning with the date on which this Order comes into force, apply to the Secretary of State for the local residents’ discount— (a) to have effect subject to such modifications as may be specified in the application; or (b) to be discharged, and must notify the local highway authorities and any other persons as the Secretary of State considers appropriate as soon as any such application is made. (4) An application under sub-paragraph (2), for the modification of the obligation under paragraph 4 of this Part of the Schedule may not specify a modification imposing an obligation on any other person other than the undertaker. (5) Where an application is made to the Secretary of State under sub-paragraph (2), the Secretary of State must consult the local highway authorities before deciding the application. (6) When deciding an application under sub-paragraph (2) the Secretary of State must have regard to— (a) any responses by the local highway authorities to the consultation under sub-paragraph (5); (b) the adequacy of the revenue from tolls to meet the purposes set out in article 8(7); and (c) the need to mitigate impacts of the tolls on local residents. (7) After having regard to the matters set out in this sub-paragraph and any other matters which the Secretary of State considers to be relevant the Secretary of State may determine that the obligation in respect of the local residents’ discount— (a) continues to have effect without modification; (b) is discharged; or (c) continues to have effect subject to the modifications specified in the application or such other modification as the Secretary of State considers necessary. (8) The Secretary of State must give notice of the determination to the undertaker and the local highway authorities within three months of the date of the application and provide full reasons for the decision. (9) Where the Secretary of State determines under this paragraph that the obligation in respect of the local residents’ discount has effect subject to modifications specified in the application, the obligation as modified will be enforceable not less than 28 days after the date on which notice of the determination is published in accordance with sub-paragraph (12) or such other date as the Secretary of State may determine. (10) An application to the Secretary of State under sub-paragraph (3) must include the following information— (a) the name and address of the undertaker; (b) sufficient information to enable identification of the obligation which the undertaker wishes to have modified or discharged; (c) the undertaker’s reasons for applying for the modification or discharge of that obligation; and (d) such other information as the Secretary of State considers necessary to enable the Secretary of State to determine the application. (11) When the Secretary of State receives an application for the modification or discharge of an obligation under sub-paragraph (3) the undertaker will arrange for the application to be publicised by— (a) posting notice of the application on or near the land to which the obligation relates for not less than 21 days; or (b) publishing notice of the application in a local newspaper circulating in the locality in which that land is situated and on the undertaker’s website. (12) When the Secretary of State issues the notice of determination under sub-paragraph (9) the undertaker will arrange for the notice of determination to be publicised by— (a) posting notice of the application on or near the land to which the obligation relates for not less than 21 days; and (b) publishing notice of the application in a local newspaper circulating in the locality in which that land is situated and on the undertaker’s website. (13) The notice referred to in paragraph (7) must include the following— (a) the name of the undertaker; (b) details of the obligation that is proposed to be modified or discharged; (c) an address or website where members of the public may inspect copies of the application; (d) the address or email address to which any person who wishes to make representations may write; and (e) a date (no later than 21 days beginning on the date that the notice is posted or published) by which such representations should be made to the Secretary of State. (14) Section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to an obligation under paragraph 2 of Part 1 of this Schedule. (15) In this paragraph and in paragraph 4— “local resident” means a person who permanently resides at a property in one of the following postcodes— WA3 6; WA13 9; or M31 4; “local residents’ discount” means the discount applied by paragraph 4 of this Part to the tolls payable in respect of passing over the Rixton and Warburton Bridge; and “undertaker” means MSCC or the Company if the power under article 5 (transfer of Undertaking) or under article 10(3) (power to enter into concession agreements and lease or transfer the Undertaking, etc.) of this Order has been exercised, being the undertaker bound by obligations under paragraph 4 of this Part of the Schedule. No tolls during construction of the Improvements 6 MSCC may not charge any toll in respect of passing over the Rixton and Warburton Bridge once the Improvements have commenced until the Improvements have been completed and MSCC has served a notice on the local highway authorities confirming the date on which the Improvements have been completed. PART 2 FORM OF NOTICE THE RIXTON AND WARBURTON BRIDGE ORDER 2023: NOTICE OF REVISION OF [TOLLS] [VEHICLE CLASSIFICATIONS] The [tolls/vehicle classifications] applicable to the Rixton and Warburton Bridge shall be: [state revised tolls/vehicle classifications]. The revisions set out above shall take effect [on a date not less than 28 days after the date of the notice]. Signed: ……………………………………………. *On behalf of: ………………………………..…… Date: ……………………………………………… Name and status of signatory: ……………………. *Delete or amend as appropriate