Channel Tunnel Act 1987

• (a) prescribing that route as the route for the special roads;

• (b) prescribing both those classes of traffic; and

• (c) specifying that date as the date on which those special roads were to become trunk roads.

• (2) The roads to which sub-paragraph (1) above applies are—

• (a) so much of the roads forming Works Nos. 31 and 32 as lie, in the case of Work No. 31, between its commencement and a point on the road 690 metres from that commencement and, in the case of Work No. 32, between its commencement and a point on the road 875 metres from that commencement; and

• (b) the slip roads forming or forming part of Works Nos. 34A and 34D.

• (3) On the date on which this Act is passed the roads mentioned in sub-paragraph (4) below shall become trunk roads as if they had become so by virtue of an order under section 10(2) of the Highways Act 1980 specifying that date as the date on which they were to become trunk roads.

• (4) Those roads are—

• (a) such parts of the roads forming Works Nos. 31 and 32 as do not on that date become trunk roads and special roads by virtue of sub-paragraph (1) above;

• (b) the roads forming Works Nos. 33, 34F, 44A and 44B; and

• (c) the slip roads forming or forming part of Works Nos. 34B and 34E and the trunk road parts of Works Nos. 38A, 38B, 38C and 38D.

• (5) The roads forming—

• (a) in the case of each of Works Nos. 38A and 38C, the part from its commencement to a point certified by the Secretary of State for the purposes of sub-paragraph (4)(c) above; and

• (b) in the case of each of Works Nos. 38B and 38D, the part from a point so certified to its termination;

shall be the trunk road parts of those works for those purposes.

7

• (1) On the date certified by the Secretary of State as the date on which any highway constructed in pursuance of this Schedule, other than one to which paragraph 6 above applies, is open for public use, that highway shall be transferred to the Kent County Council and, following that transfer, shall be treated for the purposes of the Highways Act 1980 as if it had been so transferred by virtue of an order made under the provision of that Act which applies in relation to its construction by virtue of paragraph 8 below.

• (2) The Secretary of State may classify any highway proposed to be constructed in pursuance of this Schedule, other than one to which paragraph 6 above applies, in any manner in which, and for any purposes for which, he could classify that highway under section 12(3) of that Act.

• (3) On the date of its transfer under sub-paragraph (1) above to the Kent County Council any highway classified under sub-paragraph (2) above shall become a highway classified in the manner and for the purposes in question as if so classified under section 12(3) of that Act.

Regulation of construction of works

8

The construction by the Secretary of State of a highway in pursuance of this Act shall be treated as the construction of a highway in pursuance of—

• (a) a scheme under section 16 of the Highways Act 1980, in the case of the roads mentioned in paragraph 6(2) above;

• (b) section 24(1) of that Act, in the case of the roads mentioned in paragraph 6(4) above;

• (c) an order under section 18 of that Act made in relation to the roads which become trunk roads and special roads by virtue of paragraph 6(1) above, in the case of the road forming Work No. 34C; and

• (d) an order under section 14 of that Act made in relation to the roads which become trunk roads by virtue of paragraph 6(3) above, in any other case.

Status of ancillary operations and works

9

• (1) The carrying out of any of the A20 improvement works which is not the construction of a highway and the stopping up of any highway in pursuance of Part II of this Schedule shall be treated as having been authorised by an order under section 14 of the Highways Act 1980 made in relation to the roads which become trunk roads by virtue of paragraph 6(3) above.

• (2) Subject to sections 21 and 22 of that Act as they apply by virtue of sub-paragraph (1) above, the stopping up of any highway in pursuance of Part II of this Schedule shall not affect any rights—

• (a) of statutory undertakers in respect of any apparatus of theirs which immediately before the date on which this Act is passed is under, in, on, over, along or across that highway; or

• (b) of any sewerage authority in respect of any sewers or sewage disposal works of theirs which immediately before that date are under, in, on, over, along or across that highway.

Application of Highways Act powers to provisions of this Schedule

10

• (1) Any provision of Part I or II of this Schedule relating to any operation or work which by virtue of any of the preceding provisions of this Part of this Schedule is to be treated as authorised by an order under section 14 or 18 of the Highways Act 1980 shall be treated for the purposes of that Act as provisions of such an order.

• (2) The provisions of paragraph 6(1) above shall be treated for those purposes as provisions of a scheme under section 16 of that Act.

Regulation of traffic on new roads

11

• (1) Subject to sub-paragraph (2) below, any power under the Road Traffic Regulation Act 1984 to make an order or to give a direction with respect to any road shall be exercisable in relation to any road forming or forming part of any of the A20 improvement works before that road is open for public use, in any case where it appears to the Secretary of State to be expedient that the order or (as the case may be) the direction should have effect immediately on the road’s becoming open for public use.

• (2) The procedure otherwise applicable under that Act in relation to the making of any such order or the giving of any such direction shall apply in any such case with such modifications as the Secretary of State may determine; and he shall publish notice of those modifications in such manner as appears to him to be appropriate for bringing them to the notice of persons likely to be affected by the provisions of any such order or (as the case may be) by any such direction.

SCHEDULE 5

Part I — Purposes for which Certain Land may be Acquired or Used Under Section 8

Part II — Purposes for which Certain Land may be Acquired or Used under Section 36

Part III — Supplementary

Provision enabling owners and lessees to require purchase of their interests

1

• (1) If the Secretary of State makes an order under section 38(1) of this Act extending the time within which a notice to treat may be served in respect of any land the following provisions of this paragraph shall have effect as from the coming into operation of that order.

• (2) If any owner or lessee of any of that land gives notice in writing to the appropriate authority that he desires his interest in any part of the land specified in the notice to be acquired by the appropriate authority, the appropriate authority shall, within the period of three months after the receipt of such notice—

• (a) enter into an agreement with him for the acquisition of his interest in the land or such part thereof as may be specified in the agreement; or

• (b) serve on him a notice to treat for the compulsory acquisition of his interest in the land specified in his notice, or in such part thereof as may be required by the appropriate authority; or

• (c) serve on him notice in writing of their intention not to proceed with the purchase of his interest in the land specified in his notice.

• (3) Where notice is given under sub-paragraph (2) above by an owner or lessee in respect of his interest in land specified in the notice, then—

• (a) if the appropriate authority—

• (i) fails to comply with the requirements of that sub-paragraph; or

• (ii) withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph; or

• (iii) serves on him notice in compliance with paragraph (c) of that sub-paragraph;

the power of the appropriate authority to serve a notice to treat in respect of that person’s interest in the land so specified shall cease; or

• (b) if the owner’s or lessee’s interest in part only of that land is acquired in pursuance of an agreement under paragraph (a) of that sub-paragraph, or a notice to treat served by virtue of paragraph (b) of that sub-paragraph, the power of the appropriate authority to serve a notice to treat in respect of that person’s interest in the remainder of that land shall cease.

• (4) In this paragraph “lessee” means a person who holds an interest under a lease for a period of which not less than 21 years is unexpired at the date of the giving of any notice by that person under sub-paragraph (2) above.

• (5) This paragraph shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than 9 metres below the surface of the land or, in the case of a work below a watercourse or other area of water, the surface of the adjoining ground which is at all times above water level.

Acquisition of subsoil or rights in land

2

• (1) The appropriate authority may, under section 8 or 36 of this Act—

• (a) acquire only so much as may be required for the purposes mentioned in those sections of the subsoil and under-surface of; or

• (b) create and acquire such easements or rights as may be required for those purposes in;

any land to which that section relates, not being land specified in the table in sub-paragraph (3) below, without being required to acquire any greater interest.

• (2) The provisions of Part I of the Compulsory Purchase Act 1965, as applied by section 37 of this Act, and the enactments relating to compensation for the compulsory purchase of land, shall with the necessary modifications (including the adaptations of that Part of that Act specified in paragraph 8 below) have effect in relation to the creation and acquisition of such easements or rights as if it were the purchase of land within the meaning of that Part of that Act, and any notice to treat in respect of any such easement or right shall describe its nature.

• (3) Notwithstanding the provisions of section 8 of this Act, the Secretary of State shall not acquire compulsorily under that section any interest in any part of any land specified in the following table, except the subsoil or under-surface or easements or rights in the subsoil and under-surface as provided by sub-paragraph (1) above—

(1)	(2)
Area	Number of land shown on deposited plans
District of Shepway—	District of Shepway—
town of Folkestone	59 to 88
parish of Hawkinge	1 to 17
District of Dover—	District of Dover—
parish of Capel-le-Ferne	1 to 98
parish of Hougham Without	1 and 3 to 51
town of Dover	1 to 6, 19, 20, 21 and 32

• (4) For the purposes of sub-paragraph (3) above the subsoil and under-surface of any land specified in the table in that sub-paragraph shall not include any subsoil or under-surface which is within 9 metres of the level of the surface of the ground or, in the case of a building on the land, the level of the surface of the ground adjoining the building or, in the case of a watercourse or other area of water, the level of the surface of the adjoining ground which is at all times above water level.

Acquisition of part only of certain properties

3

• (1) Where a copy of this paragraph is endorsed on, or annexed to, a notice to treat served under Part I of the Compulsory Purchase Act 1965, as applied by section 37 of this Act, the following provisions of this paragraph 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 the period of two months beginning with the day on which the notice is served on him, serves on the appropriate authority a counter-notice objecting to the sale of the part and stating that he is willing and able to sell the whole (in this paragraph below referred to as “the land subject to the counter-notice”), the question whether he shall be required to sell the part shall, unless the appropriate authority agrees to take the land subject to the counter-notice, be referred to the Upper Tribunal.

• (3) If the said person does not serve such a counter-notice as aforesaid within the period of two months beginning with the day on which the notice to treat is served on him, or if on such a reference to the Upper Tribunal the tribunal determines 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 any 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 Upper Tribunal, the tribunal determines 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 Upper Tribunal, the tribunal determines 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 appropriate authority is authorised to acquire compulsorily under section 8 or 36 of this Act.

• (6) If the appropriate authority agrees to take the land subject to the counter-notice, or if the Upper Tribunal determines 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 appropriate authority is authorised to acquire compulsorily under section 8 or 36 of this Act.

• (7) In any case where, by virtue of a determination by the Upper Tribunal under sub-paragraph (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 appropriate authority may, within six weeks after the tribunal makes its determination, withdraw the notice to treat and, if this is done, shall pay to the person on whom the notice to treat 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 sub-paragraph (7) above, the determination shall not be deemed to be 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 so stated have not been concluded; or

• (c) any proceedings on appeal from any decision on points raised by a case so stated have not been concluded.

• (9) Where a person is required under this paragraph 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, compensation shall be payable to him for any loss sustained by him due to the severance of that part in addition to the value of his interest therein.

Minerals

4

• (1) Subject to sub-paragraph (2) below, Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to lands within the limits of land to be acquired as if those lands were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.

• (2) In the application of that Schedule to lands which the Secretary of State is authorised to acquire under section 36 of this Act, the prescribed distance in relation to any seam of minerals lying under land adjoining works forming part of the A20 improvement works shall be such a lateral distance from those works on every side as is equal at every point along those works to one half of the depth of the seam below the natural surface of the ground at that point or forty yards, whichever is the greater.

Extinguishment of private rights of way

5

• (1) All private rights of way over any land which may be acquired compulsorily under this Act shall be extinguished on the acquisition of the land, whether compulsorily or by agreement, or on the entry on the land in pursuance of section 11(1) of the Compulsory Purchase Act 1965, as applied by section 37 of this Act, whichever is sooner.

• (2) Any person who suffers loss by the extinguishment of any right under this paragraph shall be entitled to compensation.

Provisions as to compensation

6

• (1) In determining a question with respect to compensation claimed in consequence of the compulsory acquisition of land under this Act, the Upper 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 on any other land with which the claimant is (or was at the time of the erection, execution or making of the building, works, improvement or alteration) directly or indirectly concerned;

if the tribunal are satisfied that the creation of the interest, or (as the case may be) the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

• (2) Any dispute as to a person’s entitlement to compensation under any provision of this paragraph, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

Correction of deposited plans

7

• (1) If the deposited plans or the book of reference to those plans are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the appropriate authority, after giving not less than ten 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 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 of the House of Commons and with the proper officer of each County Council or London Borough Council in whose area is situated the land to which the certificate relates, and thereupon the deposited plans or the book of reference thereto (as the case may be) shall be deemed to be corrected according to the certificate, and it shall be lawful for the appropriate authority, in accordance with the certificate, to proceed under this Act as if the deposited plans or the book of reference had always been in the corrected form.

• (4) A person with whom a copy of the certificate is deposited under this paragraph shall keep it with the documents to which it relates.

Adaptation of Part I of the Compulsory Purchase Act 1965

8

In relation to the compulsory creation and acquisition of an easement or right in land (in any enactment amended by this paragraph referred to as “a right over land”) by virtue of paragraph 2 above, Part I of the Compulsory Purchase Act 1965 applies with the following modifications—

• (a) For section 7 (which relates to compensation) there shall be substituted the following—

(7) (1) In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right. (2) The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words “land is acquired or taken” there shall be substituted “a right over land is purchased” and for the words “acquired or taken from him” there shall be substituted “over which the right is exercisable”.

;

• (b) For section 8(1) (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following—

(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or factory or of a park or garden belonging to a house (hereafter in this subsection referred to as “the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (hereafter in this section referred to as “the Tribunal”); and (b) before the Tribunal has determined that question the person satisfies the Tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land; and— (i) where that land consists of a house, building or factory, that it cannot be made subject to the right without material detriment to it; or (ii) where that land consists of such a park or garden, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house to which it belongs; the compulsory purchase order shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the Tribunal directs. (1A) Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1) above shall be determined by the Tribunal. (1B) Where in consequence of a determination of the Tribunal that it is satisfied as mentioned in subsection (1) above the compulsory purchase order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the acquiring authority to withdraw the notice. (1C) The modifications subject to which subsection (1) of section 58 of the Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to the duty of the Tribunal in determining whether it is satisfied as mentioned in subsection (1) above, are that at the beginning of paragraphs (a) and (b) there shall be inserted the words “a right over”, for the word “severance” there shall be substituted “right on the whole of the house, building or factory or of the house and the park or garden” and for the words “part proposed” and “part is” there shall be substituted respectively “rights proposed” and “right is”.

;

• (c) The following provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land, namely—

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority;

• (d) Section 11 (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) shall be modified correspondingly;

• (e) Section 20 (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question;

• (f) Section 22 (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation; and

• (g) Paragraph 2(1) of Schedule 1 (power of owners to sell to the acquiring authority) shall be modified to empower all persons who are seised or possessed of or entitled to any of the land over which a right is required by the acquiring authority to grant that right to the authority and to enter all necessary agreements for the purpose.

SCHEDULE 6

Tunnel system railway to be a “railway” under the Regulation of Railways Act 1871

1

In section 2 of the Regulation of Railways Act 1871 (interpretation of terms), in the definition of “railway” there shall be inserted after the word “Parliament”, where it first occurs, the words “ the Channel Tunnel Act 1987 ”.

Disapplication of enactments in the case of the Concessionaires and through service operators

2

Section 4 (duty of railway company to make returns of overtime worked by certain employees) . . . of the Regulation of Railways Act 1889 and the Railway Companies (Accounts and Returns) Act 1911 shall not apply to the Concessionaires or to any through service operator.

Extension of enactments in relation to through service operators

3

In the following enactments, the expressions “company” and “railway company” shall be treated as including (in so far as they do not already do so) any through service operator—

Modification of enactments applying to Concessionaires and through service operators

4

• (1) In their application to—

• (a) the Concessionaires or any through service operator;

• (b) any railway of the Concessionaires or any station or other works or premises connected therewith; or

• (c) any train of the Concessionaires or any through service operator;

the enactments specified in column (1) of the following table (which create the offences broadly described in column (2) of the table) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in the enactment were, instead of that specified in column (3) of the table, a fine not exceeding the level specified in column (4) of the table.

(1)	(2)	(3)	(4)
Enactment	Description of offence	Maximum fine otherwise applicable (level on standard scale)	Maximum fine (level on standard scale)
Section 16 of the Railway Regulation Act 1840.	Obstruction of officers of railway company or trespass upon railway.	Level 1	Level 3
Section 17 of the Railway Regulation Act 1842.	Misconduct of persons employed on railways.	Level 1	Level 3
Section 22 of the Regulation of Railways Act 1868.	Provision and improper use of means of communication.	Level 1	Level 2
The Regulation of Railways Act 1889—	The Regulation of Railways Act 1889—	The Regulation of Railways Act 1889—	The Regulation of Railways Act 1889—
section 5(1).	Failure to produce ticket, to pay fare or to give name and address.	Level 1	Level 2
section 5(3).	Travel with intent to avoid payment of fare.	Level 2	Level 3

• (2) In such application—

• (a) section 16 of the Act of 1840 shall have effect as if the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding one month; and

• (b) section 17 of the Act of 1842 shall have effect as if, instead of the power to award imprisonment for a period not exceeding two months, the court had power to award imprisonment for a period not exceeding three months; and

• (c) section 5(2) of the Act of 1889 (power to arrest passenger who fails to produce ticket and refuses to give his name and address) shall have effect as if after the word “refuses” there were inserted the words “ or fails ”.

Extension of sections 55 and 56 of the British Transport Commission Act 1949 in relation to the tunnel system railway

5

Sections 55 (penalty for trespass on railways, etc.) and 56 (penalty for stone throwing, etc., on railways) of the British Transport Commission Act 1949 shall apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work comprised in the tunnel system as they apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work belonging to a successor of the British Railways Board within the meaning of the Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 .

Interpretation

6

In this Schedule “through service operator” means a person, other than the Concessionaires or the Railways Board, operating services for the carriage of passengers or goods by rail by way of the tunnel system.

SCHEDULE 7

Part I — Highways and Traffic

1

• (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the appropriate authority and the highway authority concerned, have effect for the protection of the highway authorities referred to in this Part.

• (2) In this Part of this Schedule—

• “appropriate authority” does not include the Secretary of State or the County Council;

• “highway” means a highway maintainable by the highway authority;

• “highway authority” means—

• (a) in the case of a trunk road, the Secretary of State ; and

• (b) in the case of other highways, the local highway authority.

2

Wherever in this Part of this Schedule provision is made with respect to the approval or consent of the highway authority, that approval or consent shall be in writing and subject to such reasonable terms and conditions as the highway authority may require, but shall not be unreasonably withheld.

3

Before carrying out any work for the construction or maintenance of any part of the works authorised by this Act which will involve interference with a highway, or the traffic in any highway, or before temporarily stopping up any highway, the appropriate authority shall consult the highway authority—

• (a) as to the time when the work shall be commenced, and as to the extent of the surface of the highway which it may be reasonably necessary for the appropriate authority to occupy, or the nature of the interference which may be caused to traffic in the carrying out of the work, or as to the time during which, and the extent to which, the highway shall be stopped up (as the case may be); and

• (b) as to the conditions under which the work shall be carried out or the highway shall be stopped up (as the case may be);

so as to reduce so far as possible inconvenience to the public and to ensure the safety of the public.

4

• (1) Any such work involving interference with a highway shall not be carried out, the surface of the highway shall not be occupied, the highway shall not be stopped up by the appropriate authority and the interference with traffic shall not be caused except at such time, to such extent and in accordance with such conditions as may be submitted to and approved by the highway authority.

• (2) If, within 28 days after the submission to them of proposals for compliance with this paragraph, the highway authority have not approved them or disapproved them, they shall be deemed to have approved the proposals as submitted.

5

The highway authority may require that the works authorised by this Act, so far as they involve any serious interference with the movement of traffic in any highway, shall be carried on, so far as reasonably practicable, continuously day and night and the appropriate authority shall take all such steps as may be reasonably necessary to reduce so far as possible the period of such interference.

6

It shall not be lawful for the appropriate authority in exercise of their powers under this Act to place any hoardings on any part of any highway except for such period and in such manner as shall be reasonably necessary.

7

• (1) The appropriate authority shall not, without the consent of the highway authority, make a junction between any road and a highway or an intended highway except in accordance with plans, sections and specifications submitted to and approved by the highway authority and if, within 28 days after such plans, sections and specifications have been submitted, the highway authority have not approved or disapproved them, they shall be deemed to have approved the plans, sections and specifications as submitted.

• (2) For the purposes of this paragraph the plans, sections and specifications of a junction with a highway or intended highway shall include plans, sections and specifications of all works within the highway or (as the case may be) intended highway which are required for the purposes of or in connection with the junction.

8

The appropriate authority shall not, without the consent of the highway authority, construct any part of the works authorised by this Act under and within 8 metres of the surface of any highway except in accordance with plans and sections submitted to, and approved by, the highway authority and if within 28 days after such plans and sections have been submitted the highway authority have not approved or disapproved them, they shall be deemed to have approved the plans and sections as submitted.

9

In the construction of any part of the said works under a highway no part thereof shall, except with the consent of the highway authority, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than two metres to the surface of the highway.

10

• (1) The provisions of this paragraph have effect in relation to, and to the construction of, any new bridge, or any extension or alteration of an existing bridge, carrying any part of the works authorised by this Act over a highway or carrying a highway over any part of those works, and any such new bridge, or (as the case may be) any bridge so extended or altered, is in this paragraph referred to as “the bridge”.

• (2) Before commencing the construction of, or the carrying out of any work in connection with, the bridge which involves interference with a highway, the appropriate authority shall submit to the highway authority for their approval plans, sections, drawings and particulars (below in this paragraph referred to as “plans”) relating thereto, and the bridge shall not be constructed and the works shall not be carried out except in accordance with the plans submitted to, and approved by, the highway authority.

• (3) If within 28 days after the plans have been submitted the highway authority have not approved or disapproved them, they shall be deemed to have approved the plans as submitted.

• (4) Any part of the construction of the bridge or any part of any work as aforesaid which involves interference with a highway shall be carried out under the supervision (if given) and to the reasonable satisfaction of the highway authority.

• (5) In constructing the bridge, or in carrying out any work in connection therewith which involves interference with any highway, the appropriate authority shall, in such manner and at such time as the highway authority may reasonably require, make good all damage caused to the highway by reason or in consequence of the construction of the bridge or the carrying out of the work.

• (6) If the bridge carries any part of the works authorised by this Act over any highway—

• (a) it shall be constructed in such manner as to prevent so far as may be reasonably practicable the dripping of water from the bridge; and

• (b) the highway authority may, at the cost of the appropriate authority, provide and place such lamps and apparatus as may from time to time be reasonably necessary for efficiently lighting any highway under or in the vicinity of the bridge.

11

The appropriate authority shall secure that so much of the works authorised by this Act as is constructed under any highway shall be so designed, constructed and maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and the appropriate authority shall indemnify the highway authority against, and make good to the highway authority, the expenses which the highway authority may reasonably incur in the maintenance or repair of any highway, or any tunnels, sewers, drains or apparatus therein, by reason of non-compliance with the provisions of this paragraph.

12

It shall be lawful for an officer of the highway authority duly appointed for the purpose, at all reasonable times, on giving to the appropriate authority such notice as may in the circumstances be reasonable, to enter upon and inspect any part of the works authorised by this Act which is in or over any highway, or which may affect any highway or any property of the highway authority, during the carrying out of the work, and the appropriate authority shall give to such engineer or surveyor or officer all reasonable facilities for such inspection and, if he shall be of opinion that the construction of the work is attended with danger to any highway or to any property of the highway authority on or under any highway, the appropriate authority shall adopt such measures and precautions as may be reasonably necessary for the purpose of preventing any damage or injury thereto.

13

The appropriate authority shall not alter, disturb or in any way interfere with any property of the highway authority on or under any highway, or the access thereto, without the consent of the highway authority, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary shall be made by the highway authority or the appropriate authority as the highway authority think fit, and the expense reasonably incurred by the highway authority in so doing shall be repaid to the highway authority by the appropriate authority.

14

The appropriate authority shall not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by this Act.

15

If the highway authority, after giving to the appropriate authority not less than 28 days’ notice (or, in case of emergency, such notice as is reasonably practicable) of their intention to do so, incur any additional expense in the signposting of traffic diversions or the taking of other measures in relation thereto, or in the repair of any highway by reason of the diversion thereto of traffic from a road of a higher standard, in consequence of the construction of the works authorised by this Act, the appropriate authority shall repay to the highway authority the amount of any such expense reasonably so incurred.

16

• (1) The appropriate authority shall not, except with the consent of the highway authority, deposit any soil or materials, or stand any vehicle or plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person, or, except with the like consent, deposit any soil or materials on any highway outside a hoarding, and, unless the consent of the highway authority is given within 28 days after request therefor, it shall be deemed to have been refused.

• (2) The expense reasonably incurred by the highway authority in removing any soil or materials deposited on any highway in contravention of this paragraph shall be repaid to the highway authority by the appropriate authority.

17

The appropriate authority shall, if reasonably so required by the highway authority, provide and maintain to the reasonable satisfaction of the highway authority, during such time as the appropriate authority may occupy any part of a highway for the purpose of the construction of any part of the works authorised by this Act, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway.

18

• (1) Where any part of any highway shall have been broken up or disturbed by the appropriate authority and not permanently stopped up or diverted they shall make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the highway authority, and shall maintain the same to the reasonable satisfaction of the highway authority for such time as may be reasonably required for the permanent reinstatement of the highway.

• (2) The reinstatement of that part of the highway shall in the first instance be of a temporary nature only and the permanent reinstatement thereof shall be carried out by the highway authority so soon as reasonably practicable after the completion of the temporary reinstatement, and the expense reasonably incurred by the highway authority in so doing shall be repaid to the highway authority by the appropriate authority.

19

The appropriate authority shall make compensation to the highway authority for any subsidence of, or damage to, any highway or any property of the highway authority on or under any highway which may be caused by, or in consequence of, any act or default of the appropriate authority, their contractors, servants or agents, whether such damage or subsidence shall happen during the construction of the works authorised by this Act or at any time thereafter.

20

The fact that any act or thing may have been done in accordance with plans approved by the highway authority or under their supervision shall not (if it was not attributable to the act, neglect or default of the highway authority or of any person in their employ or their contractors or agents) exonerate the appropriate authority from any liability, or affect any claim for damages, under this Part of this Schedule or otherwise.

21

• (1) Except as provided in sub-paragraph (2) below, any difference arising between the appropriate authority and the highway authority under this Part of this Schedule shall be determined by the Secretary of State or, at his option, by arbitration.

• (2) Where the Secretary of State is the highway authority concerned any such difference shall be determined by arbitration.

Part II — Protection of the Railways Board

1

• (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the appropriate authority and the Railways Board, have effect for the protection of that board.

• (2) In this Part of this Schedule—

2

The appropriate authority shall not under the powers conferred by section 8 of this Act acquire compulsorily any railway property but may create and acquire such easements and rights as may reasonably be required for the purposes specified in that section in any such property delineated on the deposited plans.

3

• (1) The appropriate authority shall, before commencing the construction of the specified works, supply to the Railways Board such proper and sufficient plans thereof as may reasonably be required and shall not commence the specified works until plans thereof have been approved in writing by the engineer of the Railways Board or settled by arbitration.

• (2) If within 28 days after such plans have been supplied to the Railways Board their engineer shall not have notified his disapproval thereof and the grounds of his disapproval, he shall be deemed to have approved the plans as submitted.

4

If within 28 days after such plans have been supplied to the Railways Board the Railways Board give notice to the appropriate authority that the Railways Board desire themselves to construct any part of the specified works forming part of Work No. 1 which, in the opinion of the engineer of the Railways Board, will or may affect the stability of railway property then, if the appropriate authority 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 appropriate authority in accordance with the plans approved or deemed to be approved or settled as aforesaid and under the supervision (if given) of the appropriate authority.

5

Upon signifying his approval or disapproval of the plans the engineer of the Railways Board may specify any protective works, whether temporary or permanent, which in his opinion should be carried out before the construction of the specified works to ensure the safety and stability of railway property; and such protective works as may be reasonably necessary for those purposes shall be constructed by the Railways Board with all reasonable dispatch, and the appropriate authority shall not commence the construction of the specified works until the Railways Board shall have notified the appropriate authority that the protective works have been completed.

6

The appropriate authority shall give to the engineer of the Railways Board not less than 28 days’ notice of their intention to commence the construction of any of the specified works and, 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 in so far as such works of repair or maintenance affect or interfere with railway property.

7

• (1) The construction of the specified works 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 of the Railways Board, and in such manner as to cause as little damage to railway property as may be and as little interference as may be with the conduct of traffic on the railways of the Railways Board.

• (2) If any damage to railway property or any such interference shall be caused by the carrying out of the specified works, the appropriate authority shall, notwithstanding any such approval as aforesaid, make good such damage and pay to the Railways Board reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any such damage or interference.

• (3) Nothing in this paragraph shall impose any liability on the appropriate authority with respect to any damage, costs, expenses or loss attributable to the act, neglect or default of the Railways Board or their servants, contractors or agents.

8

The appropriate authority shall at all times afford reasonable facilities to the engineer of the Railways Board for access to the specified works during their construction and shall supply to him all such information as he may reasonably require with regard to the specified works or the method of construction thereof.

9

The Railways Board shall at all times afford reasonable facilities to the appropriate authority and their agents for access to any works carried out by the Railways Board under this Part of this Schedule during their construction, and shall supply to the appropriate authority such information as they may reasonably require with regard to such works or the method of construction thereof.

10

• (1) If any alteration or addition, whether permanent or temporary, to railway property shall be reasonably necessary during the construction of the specified works, or during a period of twelve months after their completion in consequence of their construction, such alterations and additions may be carried out by the Railways Board.

• (2) If the Railways Board give to the appropriate authority reasonable notice of their intention to carry out such alterations or additions, the appropriate authority 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.

• (3) 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 appropriate authority to the Railways Board under this Part of this Schedule.

11

The appropriate authority shall repay to the Railways Board costs reasonably incurred by the Railways Board—

• (a) in constructing any part of the specified works on behalf of the appropriate authority as provided by paragraph 4 above or in constructing any protective works under paragraph 5 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 shall be reasonably necessary to appoint for inspecting, watching and lighting railway property and signalling railway traffic and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction of the specified works;

• (c) in respect of any special traffic working upon any existing railways of the Railways Board resulting from any speed restrictions, or any substitution or diversion of services, which may, in the opinion of the Railways Board, be required by reason or in consequence of the construction of the specified works;

• (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 or in consequence of the construction of the specified works;

• (e) in respect of the supervision by the engineer of the Railways Board of the construction of the specified works.

12

• (1) Subject to sub-paragraph (2) below, the appropriate authority shall be responsible for, and make good to the Railways Board, costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to, or reasonably incurred by, the Railways Board—

• (a) by reason of the construction of the specified works; or

• (b) by reason of any act or omission of the appropriate authority, or of any person in their employ, or of their contractors or others whilst engaged upon the construction of the specified works;

and the appropriate authority shall indemnify the Railways Board from and against claims and demands arising out of, or in connection with, the construction of the specified works or any such act or omission.

• (2) The fact that any act or thing may have been done in accordance with plans approved by the engineer of the Railways Board, or in accordance with any requirement made by him, 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 appropriate authority from any liability under this Part of this Schedule.

• (3) The Railways Board shall give to the appropriate authority reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the appropriate authority.

13

Any difference arising between the appropriate authority and the Railways Board under this Part of this Schedule shall be determined by arbitration.

Part III — Protection of Navigation

1

• (1) The following provisions of this Part of this Schedule shall have effect in relation to tidal works for the protection of navigation.

• (2) In this Part of this Schedule—

2

• (1) A tidal work shall not be constructed, extended, enlarged, altered, renewed, replaced or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.

• (2) The Secretary of State’s primary concern in exercising his powers under sub–paragraph (1) above shall be to prevent danger to navigation; but he shall have regard, in exercising those powers in relation to such part of the sea wall as is a tidal work, to—

• (a) any factors that have been or may be taken into account by the county planning authority in deciding under paragraph 3 of Schedule 3 to this Act whether to approve plans and specifications of the sea wall;

• (b) any decision of that authority with respect to the approval of any such plans and specifications; and

• (c) any conditions imposed on the grant of any such approval;

with a view to securing that his exercise of those powers is consistent so far as practicable with any decision that has been or may be made by that authority under that paragraph.

• (3) In case of contravention of this paragraph or of any condition or restriction imposed under this paragraph—

• (a) the Secretary of State may by notice in writing require the Concessionaires, at their own expense, to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Concessionaires, they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice; or

• (b) if it appears to the Secretary of State urgently necessary to do so, he may himself remove the tidal work or part of it and restore the site to its former condition;

and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Concessionaires.

3

The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work, or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Concessionaires.

4

• (1) The Concessionaires shall, at or near a tidal work, during the whole time of the construction, extension, enlargement, alteration, renewal, replacement or reconstruction thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.

• (2) If the Concessionaires fail to comply in any respect with a direction given under this paragraph they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

5

• (1) After the completion of a tidal work the Concessionaires shall, at the outer extremity thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Trinity House shall from time to time direct.

• (2) If the Concessionaires fail to comply in any respect with a direction given under this paragraph they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

6

• (1) Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Concessionaires at their own expense either to repair and restore the work, or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State may think proper.

• (2) Where part of a work is situated on or over land above the level of mean high water springs and that part is in such condition as to interfere, or to cause reasonable apprehension that it may interfere, with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this paragraph.

• (3) If on the expiration of 30 days from the date on which a notice under this paragraph is served upon the Concessionaires they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Concessionaires.

7

• (1) In case of injury to or destruction or decay of a tidal work, or any part thereof, the Concessionaires shall forthwith notify the Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Trinity House shall from time to time direct.

• (2) If the Concessionaires fail to notify the Trinity House as required by this paragraph or to comply in any respect with a direction given under this paragraph, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

8

• (1) In proceedings for an offence under paragraph 4, 5 or 7 above it shall be a defence for the Concessionaires to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

• (2) If in any case the defence provided by sub-paragraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person, the Concessionaires shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven days before the hearing, they have served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in their possession.

Part IV — Protection of Dover Harbour Board

1

The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the Concessionaires and the Dover Harbour Board (in this Part referred to as “the Harbour Board”), have effect for the protection of the Harbour Board.

2

In this Part of this Schedule—

3

The Concessionaires shall consult the Harbour Board as to the methods and timetable for the construction of any of the specified works or the carrying out of operations relating thereto so as to avoid so far as practicable any interference with navigation in Dover Harbour or in the approaches thereto and any damage to the Harbour Board’s shore or to any works forming part of the Harbour Board’s undertaking.

4

• (1) Before commencing to construct any of the specified works the Concessionaires shall submit to the Harbour Board for their reasonable approval proper and sufficient plans of that work and such work shall not be constructed otherwise than in accordance with such plans as may be reasonably approved in writing by the principal engineer of the Harbour Board and subject to such conditions as he may reasonably require so as to avoid so far as practicable any interference with navigation in Dover Harbour or in the approaches thereto and any damage to the works forming part of the Harbour Board’s undertaking, or in accordance with such plans and subject to such conditions as may be determined under paragraph 10 below.

• (2) In the event of the principal engineer of the Harbour Board failing to express his disapproval of any plans within one month after such plans have been delivered to the Harbour Board in pursuance of this paragraph, he shall be deemed to have approved the plans as submitted.

5

• (1) If there shall be any inconsistency between the plans of any tidal work approved under paragraph 4 above and the plans approved by the Secretary of State under paragraph 2 of Part III of this Schedule, or between any conditions required under paragraph 4 above and any conditions or restrictions imposed by the Secretary of State under the said paragraph 2, the inconsistency shall be referred to the Secretary of State by the Concessionaires after not less than 14 days’ notice to the Harbour Board, and the work shall be constructed in accordance with the plans, and subject to the conditions and restrictions, then determined by the Secretary of State.

• (2) A determination by the Secretary of State under sub–paragraph (1) above shall be made in accordance with the said paragraph 2 and shall have effect as if it were an approval of plans and sections, subject to conditions and restrictions (if any) imposed, under that paragraph.

6

The Concessionaires shall compensate the Harbour Board for any damage to any work forming part of the Harbour Board’s undertaking or to Dover Harbour or its approaches caused by or arising in consequence of the construction or maintenance of any of the specified works or of the failure or want of repair thereof or in consequence of any act or omission of the Concessionaires, their contractors, agents, workmen or servants whilst engaged upon a specified work and shall indemnify the Harbour Board from all claims, demands or expenses which may be made on or against them or which they may have to pay by reason or in consequence of any such damage:

7

If at any time any damage or diminution shall occur to the protected beach and such damage or diminution shall be caused wholly or substantially by the construction of the specified works, the Concessionaires shall make good or cause to be made good such damage or diminution to the reasonable satisfaction of the principal engineer of the Harbour Board.

8

The fact that any act or thing may have been done in accordance with plans approved by the principal engineer of the Harbour Board, or in accordance with a requirement made by him, or under his supervision, shall not (if it was not attributable to the act, neglect or default of the Harbour Board, or of any person in their employ, or of their contractors or agents) excuse the Concessionaires from any liability under this Part of this Schedule.

9

Except in connection with the arrangements for the deposit of spoil approved under paragraph 5 of Schedule 3 to this Act and without prejudice to any other obligations and liabilities of the Concessionaires under this Part of this Schedule, the Concessionaires shall not deposit spoil anywhere below the level of mean high water springs within one international nautical mile of the seaward limits of Dover Harbour.

10

Any difference arising between the Concessionaires and the Harbour Board under this Part of this Schedule shall be determined by the Secretary of State or, at his option, by an arbitrator to be appointed by him, and the costs of final determination shall be in the discretion of the Secretary of State or of the arbitrator, as the case may be.

Part V — Protection of Sewers

1

• (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the appropriate authority and the sewerage authority concerned, have effect for the protection of the sewerage authorities.

• (2) In this Part of this Schedule—

2

• (1) Before commencing the construction or renewal of any specified work the appropriate authority shall submit to the sewerage authority plans thereof as described in paragraph 3 below (in this Part of this Schedule referred to as “the said plans”) and shall not commence that work until the sewerage authority have signified their approval of the said plans.

• (2) The sewerage authority’s approval shall not be unreasonably withheld and, if within 56 days after the submission of the said plans the sewerage authority have not approved or disapproved them, they shall be deemed to have approved them.

3

• (1) The plans to be submitted to the sewerage authority shall be detailed plans, drawings, sections and specifications describing the position and manner in which, and the level at which, any specified work is proposed to be carried out and the position of all sewers of the sewerage authority within the limits of deviation for that work, and shall comprise detailed drawings of every alteration which the appropriate authority propose to make in any such sewers.

• (2) For the purpose of the preparation of the said plans the sewerage authority shall, on application by the appropriate authority, permit them to have access to plans in the possession of the sewerage authority and to any of their sewers.

4

The appropriate authority shall give to the sewerage authority not less than 28 days’ notice of their intention to commence the construction or renewal of a specified work and, except in case of emergency (when they shall give such notice as may be reasonably practicable), of their intention to carry out works of repair or maintenance of a specified work.

5

In carrying out any specified work the appropriate authority shall comply with all reasonable requirements of the sewerage authority of which due notice is given to the appropriate authority and shall provide new, altered or substituted sewers, or works for the protection of any sewers of the sewerage authority, in such manner as the sewerage authority shall reasonably require for the protection of, and for preventing injury or impediment to, any such sewer by reason of the specified work.

6

All works for the provision of new, altered or substituted sewers or protective works in pursuance of paragraph 5 above shall, where so required by the sewerage authority, be carried out by or under the supervision (if given) of an officer of the sewerage authority duly appointed for the purpose, and all reasonable costs, charges and expenses to which the sewerage authority may be put by reason of such works, whether in the course of the carrying out of the works, or in the preparation or examination of plans or designs or in such supervision as aforesaid, or otherwise, shall be paid to the sewerage authority by the appropriate authority.

7

Nothing in paragraphs 5 and 6 above shall require the appropriate authority to provide new or substituted works of better type, of greater dimensions or of greater capacity than those of the works in place of which they are provided except in so far as the placing of works of such type, dimensions or capacity has been specified as necessary in a specification of works settled under paragraph 2 above.

8

When works for the provision of any such new, altered or substituted sewers or protective works have been completed in accordance with paragraph 5 above they shall be maintainable by the sewerage authority.

9

The sewerage authority may require such modifications to be made in the said plans as may be reasonably necessary to secure their sewerage system against interference or risk of damage and to provide convenient means of access to their sewers.

10

• (1) Subject to sub-paragraphs (2) and (3) below, if by reason or in consequence of the construction or failure of any of the works authorised by this Act, or any subsidence resulting from any of those works, any damage to any sewer (other than a sewer intended for removal for the purposes of those works) of the sewerage authority shall be caused, the appropriate authority shall pay the cost reasonably incurred by the sewerage authority in making good such damage and shall—

• (a) make reasonable compensation to the sewerage authority for loss sustained by them; and

• (b) indemnify the sewerage authority against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from or incurred by, the sewerage authority;

by reason or in consequence of any such damage.

• (2) Nothing in sub-paragraph (1) above shall impose any liability on the appropriate authority with respect to any damage to the extent that it is attributable to the act, neglect or default of the sewerage authority, their officers, servants, contractors or agents.

• (3) The sewerage authority shall give to the appropriate authority reasonable notice of any claim or demand as aforesaid and no settlement or compromise shall be made without the prior consent of the appropriate authority.

11

If, in the carrying out of any specified work, or any work for the provision of new, altered or substituted sewers or protective works in pursuance of paragraph 5 above, the appropriate authority damage or, without the consent of the sewerage authority, alter or in any way interfere with any of their existing sewers the appropriate authority shall—

• (a) pay to the sewerage authority any additional expense to which they may be put in the maintenance, management or renewal of any new, altered or substituted sewer which may be necessary in consequence of the construction of the specified work; and

• (b) subject to paragraph 13 below, give to the sewerage authority uninterrupted access to any such new, altered or substituted sewer and such facilities as may be reasonably required for the inspection, maintenance, alteration and repair thereof.

12

An officer of the sewerage authority duly appointed for the purpose may, subject to paragraph 13 below, enter upon and inspect any specified work or any other works constructed under this Part of this Schedule.

13

Access to any sewer under paragraph 11(b) above or entry upon any specified work under paragraph 12 above shall be subject to supervision and control by the appropriate authority but shall be afforded by the appropriate authority as soon as possible and at any reasonable time at which it is required.

14

The approval by the sewerage authority of any plans, drawings, sections or specifications or the supervision by them of any work under this Part of this Schedule shall not exonerate the appropriate authority from any liability or affect any claim for damages by the sewerage authority.

15

As soon as reasonably practicable after the completion of the carrying out of a specified work, the appropriate authority shall deliver to the sewerage authority a plan and section showing the position and level of that work as constructed and all new, altered or substituted works provided in pursuance of paragraph 5 above.

16

Any difference arising between the appropriate authority and the sewerage authority under this Part of this Schedule shall be determined by arbitration.

Part VI — Protection of Certain Statutory Undertakers

1

• (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the appropriate authority and the undertakers concerned, have effect for the protection of the undertakers.

• (2) In this Part of this Schedule—

• “appropriate authority” does not include the Secretary of State in respect of the A20 improvement works;“the undertakers” means any person authorised to carry on an undertaking for the supply of electricity, gas or water within any area within which land is to be acquired or works are to be constructed under this Act and—in relation to water undertakers, includes a water authority in their capacity as an authority authorised to carry on an undertaking for the supply of water within their area; andin relation to any apparatus, means the undertakers to whom the apparatus belongs or by whom the apparatus is maintained;

• “apparatus” means—in the case of electricity undertakers, electric lines and works (as respectively defined in the Electric Lighting Act 1882) belonging to, or maintained by, those undertakers; orin the case of gas or water undertakers, mains, pipes or other apparatus belonging to, or maintained by, those undertakers for the purposes of gas or water supply;(not being in any case apparatus in respect of which the relations between the appropriate authority and the undertakers are regulated by the provisions of Part II of the Public Utilities Street Works Act 1950), and includes any structure for the lodging therein of apparatus;

• “alternative apparatus” means alternative apparatus adequate to enable the undertakers to fulfil their statutory functions in a manner not less efficient than previously;“in” in a context referring to apparatus includes under, over, across, along or upon.

2

Notwithstanding anything in this Act or shown on the deposited plans, the appropriate authority shall not acquire any apparatus under section 8 of this Act otherwise than by agreement.

3

If the appropriate authority in the exercise of the powers conferred by this Act acquire any interest in or temporarily occupy any lands in which any apparatus is placed, that apparatus shall not be removed under this Part of this Schedule, and any right of the undertakers to maintain, repair, renew or inspect that apparatus in those lands shall not be extinguished, until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertakers.

4

If—

• (a) the appropriate authority, for the purpose of carrying out any work authorised by this Act in, on or under any land, require the removal of any apparatus placed in that land, and give to the undertakers not less than 56 days’ written notice of that requirement, together with a plan and section of the proposed work, and of the proposed position of the alternative apparatus to be provided or constructed; or

• (b) in consequence of the exercise of any of the powers conferred by this Act, the undertakers reasonably require to remove any apparatus;

the appropriate authority shall afford to the undertakers the necessary facilities and rights for the construction of any necessary alternative apparatus in other land held by the appropriate authority, or in which the appropriate authority have sufficient rights or interests, and thereafter for the maintenance, repair, renewal and inspection of such apparatus:

5

Any alternative apparatus to be constructed in land held by the appropriate authority in pursuance of paragraph 4 above shall be constructed in such manner, and in such line or situation, as may be agreed between the undertakers and the appropriate authority or, in default of agreement, determined by arbitration.

6

The undertakers shall, after the manner of construction and the line and situation of any necessary alternative apparatus have been agreed or determined as aforesaid, and after the grant to the undertakers of any such facilities and rights as are referred to in paragraph 4 above, proceed with all reasonable dispatch to construct and bring into operation the alternative apparatus and thereafter to remove any apparatus required by the appropriate authority to be removed under the provisions of this Part of this Schedule and, in default, the appropriate authority may remove the apparatus.

7

• (1) Notwithstanding anything in paragraphs 5 and 6 above, if the appropriate authority give notice in writing to the undertakers that they desire themselves to carry out any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as will be situate in any lands held by the appropriate authority, such work, instead of being carried out by the undertakers, shall be carried out by the appropriate authority with all reasonable dispatch under the superintendence (if given) and to the reasonable satisfaction of the undertakers.

• (2) Nothing in this paragraph shall authorise the appropriate authority to carry out the placing, erection, installation, bedding, packing, removal, connection or disconnection of any apparatus or to carry out any filling around the apparatus extending (where the apparatus is laid in a trench) within 300 millimetres above the apparatus.

8

• (1) Where, in accordance with the provisions of this Part of this Schedule, the appropriate authority afford to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection on land held by the appropriate authority of alternative apparatus, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the appropriate authority and the undertakers or, in default of agreement, determined by arbitration.

• (2) In determining such terms and conditions as aforesaid in respect of alternative apparatus to be constructed across or along any works authorised by this Act the arbitrator shall—

• (a) give effect to all reasonable requirements of the appropriate authority for ensuring the safety and efficient operation of those works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the appropriate authority or the use of the same; and

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to the terms and conditions (if any) applicable to the apparatus for which the alternative apparatus is to be substituted.

• (3) If the facilities and rights to be afforded by the appropriate authority in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the undertakers than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator shall make such provision for the payment of compensation to or by the appropriate authority by or to the undertakers in respect thereof as shall appear to him to be reasonable having regard to all the circumstances of the case.

9

• (1) Not less than 56 days before commencing to carry out any work authorised by this Act which is near to, or will or may affect, any apparatus the removal of which has not been required by the appropriate authority under paragraph 4 above, the appropriate authority shall submit to the undertakers a plan, section and description of the work to be carried out.

• (2) The work shall be carried out in accordance with the plan, section and description submitted as aforesaid and in accordance with such reasonable requirements as may be made by the undertakers for the alteration or otherwise for the protection of the apparatus, or for securing access thereto, and the undertakers shall be entitled by their officer to watch and inspect the carrying out of the work.

• (3) If the undertakers, within 28 days after the submission to them of any such plan, section and description, shall, in consequence of the work proposed by the appropriate authority, reasonably require the removal of any apparatus and give written notice to the appropriate authority of that requirement, the foregoing provisions of this Part of this Schedule shall have effect as if the removal of such apparatus had been required by the appropriate authority under paragraph 4 above.

• (4) Nothing in sub-paragraphs (1) to (3) above shall preclude the appropriate authority from submitting at any time, or from time to time, but in no case less than 28 days before commencing to carry out the work, a new plan, section and description thereof instead of the plan, section and description previously submitted, and thereupon the provisions of those sub-paragraphs shall apply to, and in respect of, that new plan, section and description.

• (5) The appropriate authority shall not be required to comply with sub-paragraphs (1) to (3) above in a case of emergency but in such a case they shall give notice to the undertakers so soon as reasonably practicable and a plan, section and description of the works so soon as reasonably practicable thereafter, and shall otherwise comply with those sub-paragraphs so far as reasonably practicable in the circumstances.

10

If in consequence of the exercise of the powers of this Act the access to any apparatus is materially obstructed the appropriate authority shall, so far as reasonably practicable, provide alternative means of access to such apparatus.

11

Where, in consequence of this Act, any part of any highway in which any apparatus is situate ceases to be part of a highway, the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of this Act, but nothing in this paragraph shall prejudice or affect any right of the appropriate authority or of the undertakers to require removal of that apparatus under this Part of this Schedule or the power of the appropriate authority to carry out works in accordance with paragraph 9 above.

12

• (1) Subject to sub-paragraph (2) below, the appropriate authority shall repay to the undertakers the reasonable expenses incurred by the undertakers in, or in connection with—

• (a) the removal and relaying or replacing, alteration or protection of any apparatus or the provision and construction of any new apparatus under any of the provisions of this Part of this Schedule;

• (b) the cutting off of any apparatus from any other apparatus; and

• (c) any other work or thing rendered reasonably necessary in consequence of the exercise by the appropriate authority of any of the powers of this Act.

• (2) Section 23(3) and (4) of the Public Utilities Street Works Act 1950 (limitations on undertakers’ right to payments) shall, so far as applicable, apply to any payment to be made by the appropriate authority under sub-paragraph (1) above as if the works or operations mentioned in that sub-paragraph were such undertakers’ works as are referred to in the said subsection (3), and as if in that subsection for the words “specified as so necessary in a specification of the works settled under Part I of the Fourth Schedule to this Act or agreed so to be by the promoting authority” there were substituted the words “agreed or determined by arbitration under Part VI of Schedule 7 to the Channel Tunnel Act 1987”.

13

• (1) Subject to sub-paragraphs (2) and (3) below, if by reason or in consequence of the construction of any of the works authorised by this Act, or any subsidence resulting from any of those works, any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the undertakers, or any interruption in the supply of electricity, gas or water (as the case may be) by the undertakers or, in the case of the Central Electricity Generating BoardThe National Grid Company plc, by or to that boardcompany, shall be caused, the appropriate authority shall bear and pay the cost reasonably incurred by the undertakers in making good such damage or restoring the supply and shall—

• (a) make reasonable compensation to the undertakers for loss sustained by them; and

• (b) indemnify the undertakers against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, the undertakers;

by reason or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) above shall impose any liability on the appropriate authority with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of the undertakers, their officers, servants, contractors or agents.

• (3) The undertakers shall give to the appropriate authority reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the appropriate authority.

14

The appropriate authority shall, so far as is reasonably practicable, so exercise their powers under paragraph 15 of Schedule 2 above as not to obstruct or render less convenient the access to any apparatus.

15

Notwithstanding the temporary stopping up or diversion of any highway under paragraph 22 of Schedule 2 above, the undertakers shall be at liberty at all times to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping up or diversion was in that highway.

16

Nothing in this Part of this Schedule shall prejudice or affect the provisions of any enactment or agreement regulating the relations between the appropriate authority and the undertakers in respect of any apparatus in land held by the appropriate authority at the commencement of this Act.

17

• (1) Any difference arising between the appropriate authority and the undertakers under this Part of this Schedule shall be determined by arbitration.

• (2) In determining any such difference the arbitrator may, if he thinks fit, require the appropriate authority to carry out any temporary or other works so as to avoid, so far as may be reasonably possible, interference with the use of any apparatus.

Part VII — Protection of Land Drainage

1

• (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing beween the appropriate authority and the drainage authority concerned, have effect for the further protection of the drainage authority.

• (2) In this Part of this Schedule—

2

• (1) Not less than 56 days before beginning to construct any specified work, the appropriate authority shall submit to the drainage authority plans of the work and the work shall not be constructed except in accordance with plans approved by the drainage authority or settled by arbitration and in accordance with any reasonable requirements made by the drainage authority for the protection of any drainage work and for the prevention of flooding.

• (2) The requirements which the drainage authority may make under sub-paragraph (1) above include conditions requiring the construction of such protective works by, and at the expense of, the appropriate authority during the construction of the specified work as are reasonably necessary to safeguard a drainage work against damage or to secure that the efficiency of a drainage work for land drainage purposes is not impaired.

• (3) If within a period of 28 days after the submission of any plans under sub-paragraph (1) above the drainage authority do not inform the appropriate authority in writing that they disapprove of those plans, stating the grounds of their disapproval, they shall be treated for the purposes of this paragraph as having approved them.

3

Any specified work, and all protective works required by the drainage authority under paragraph 2 above, shall be constructed to the reasonable satisfaction of the drainage authority and the drainage authority shall be entitled by their officer to watch and inspect the construction of such works.

4

If by reason of the construction of any specified work the efficiency of any drainage work for land drainage purposes is impaired or that work is otherwise damaged, such damage shall be made good by the appropriate authority to the reasonable satisfaction of the drainage authority and, if the appropriate authority fail to do so, the drainage authority may make good the same and recover from the appropriate authority the expense reasonably incurred by them in so doing.

5

• (1) The appropriate authority shall indemnify the drainage authority from all claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from or incurred by, the drainage authority by reason or in consequence of—

• (a) any damage to any drainage work so as to impair its efficiency for the purposes of land drainage; or

• (b) any raising of the water table in lands adjoining the works authorised by this Act or any sewers, drains or watercourses; or

• (c) any flooding or increased flooding of any such lands;

which may be caused by or result from the construction of any work authorised by this Act or any act or omission of the appropriate authority, their contractors, agents, workmen or servants whilst engaged upon the work.

• (2) The drainage authority shall give to the appropriate authority reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the agreement of the appropriate authority.

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