## Time limit for exercise of powers of acquisition 

40. —(1) After the end of the period of 5 years beginning with the day on which this Order comes into force— 

(a) no notice to treat is to be served under Part 1 of the 1965 Act, as applied to the acquisition of land by article 29 (application of Part 1 of the 1965 Act); and 

(b) no declaration is to be executed under section 4 (execution of declaration) of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied to this Order by article 30 (application of Compulsory Purchase (Vesting Declarations) Act 1981). 

(2) The power conferred by article 34 (temporary use of land for construction of works) to enter upon and take temporary possession of land ceases at the end of the period mentioned in paragraph (1); but this paragraph does not prevent the Authority from remaining in possession of land in accordance with article 34 after the end of that period, if the land was entered and possession of it was taken before the end of that period. 

## Power to operate and use tramway system 

## OPERATION OF TRAMWAY SYSTEM 

## PART 4 

41. —(1) The Authority may operate and use the authorised tramway and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods. 

(2) Subject to paragraph (4) and section 54 (powers of disposal agreements for operation etc.) of the 1989 Act (as applied by article 4 (application of the Midland Metro Acts)), the Authority has, for the purpose of operating the authorised tramway, the exclusive right— 

(a) to use the rails, foundations, cables, masts, overhead wires and other apparatus used for the operation of the authorised tramway; and 

(b) to occupy that part of the street in which that apparatus is situated. 

(3) Any person who, without the consent of the Authority or other reasonable excuse, uses the apparatus mentioned in paragraph (2) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. 

(4) Nothing in this article restricts the exercise of any public right of way over any part of a street in which the apparatus referred to in paragraph (2) is situated, except to the extent that the exercise of the right is constrained by the presence of the apparatus. 

## Power to charge fares 

42.  The Authority may demand, take and recover or waive such charges for carrying passengers or goods on tramcars using the authorised tramway or for any other services or facilities provided in connection with the operation of the authorised tramway, as it thinks fit. 

## Traffic signs 

43. —(1) The Authority may, for the purposes of, or in connection with the construction or operation of the authorised tramway, place or maintain traffic signs on any street in which the authorised tramway is laid or which gives access to such a street, or on any street in connection with any instrument made under article 44 (traffic regulation) or any other street as reasonably required for conveying information to traffic. 

(2) The Authority— 

(a) must consult with the traffic authority as to the placing of signs; and 

