Channel Tunnel Act 1987

Type Public General Act
Publication 1987-07-23
Last updated 2012-11-22
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API

The exercise of the powers conferred by paragraph 22 of Schedule 2 to this Act in relation to a highway shall not affect the rights of the operator of an electronic communications code network, for the purposes of which the apparatus is used, to maintain, inspect, repair, renew or remove electronic communications apparatus in the highway or to open or break up that highway for any of those purposes.

6
  • (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 electronic communications apparatus kept installed for the purposes of an electronic communications code network (other than apparatus the repair of which is not reasonably necessary in view of its intended removal), or any interruption in the service provided by that network, shall be caused, the appropriate authority shall bear and pay the cost reasonably incurred by the operator of that network in making good such damage or restoring that service and shall—
  • (a) make reasonable compensation to the operator for loss sustained by it; and
  • (b) indemnify the operator against claims, demands, proceedings, costs, damages and expenses which may be made, or taken against, or recovered from, or incurred by, the operator;

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 affecting an electronic communications code network to the extent that such damage or interruption is attributable to the act, neglect or default of the operator of that network, its officers, servants, contractors or agents.
  • (3) The operator 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.
7

Any difference arising between the appropriate authority and any operator of an electronic communications code network under this Part of this Schedule shall be determined by arbitration.

Landlord and tenant law.

In the district of Dover (town of Dover and parishes of Capel-le-Ferne and Hougham Without) and the district of Shepway (town of Folkestone and parishes of Hawkinge, Newington and Saltwood), in the county of Kent—

Partly in the district of Dover (town of Dover and parish of Hougham Without), in the county of Kent—

In the district of Shepway (town of Folkestone and parishes of Hythe, Newington and Saltwood), in the county of Kent—

In the borough of Ashford (town of Ashford and parishes of Kingsnorth and Sevington), in the county of Kent—

In the borough of Ashford (town of Ashford and parishes of Kingsnorth and Sevington), in the county of Kent—

In the London borough of Lambeth—

In the London borough of Wandsworth—

In the London boroughs of Ealing and Hammersmith and Fulham and the Royal borough of Kensington and Chelsea—

In the district of Tandridge (parishes of Bletchingley and Nutfield), in the county of Surrey—

In the borough of Maidstone (parish of Lenham), in the county of Kent—

In the borough of Ashford (town of Ashford), in the county of Kent—

In the district of Shepway (parishes of Newington and Saltwood), in the county of Kent—

Part I — Application of Enactments

Part II — Regulation of Scheduled Works and Subsidiary Provisions

Section A — Provisions Applicable to Concessionaires

Section B — Provisions Applicable to County Council

Section C — Provisions Applicable to Railways Board

Part I — Highways to be stopped up

Section A — In connection with the Concessionaires’ scheduled works

Section B — In connection with the County Council’s scheduled works

Section C — In connection with the Railways Board’s scheduled works

Part II — Highways to be stopped up and new highways substituted therefor

Section A — In connection with the Concessionaires’ scheduled works

Section B — In connection with the County Council’s scheduled works

Section C — In connection with the Railways Board’s scheduled works

Construction and completion of new or substituted highways

Repair of highways and agreements with highway authorities

Temporary interference with highways

Power to use subsoil of highways

Status of certain highways constructed by the Concessionaires

Status of the County Council’s works

Regulation of traffic on new roads

Compensation for, and mitigation of, adverse effects of certain authorised works

Part I — The Authorised Works

Part II — Interference with Highways

Part I — Highways to be stopped up

Part II — Highways to be stopped up and new highways substituted therefor

Section A — Purposes of the Concessionaires

Section B — Purposes of the Railways Board

Editorial notes

1

Act wholly in force at Royal Assent.

2

S. 1(7) applied (17.1.2000) by S.I. 1999/3443, arts. 10(3)(b), 11(b)

3

S. 1(7)(b) applied (1.9.1994) by 1994 c. 23, ss. 30, 101(1), Sch. 8 Pt. II Group. 14

10

This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales

15

This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland

18

S. 9(7) substituted (30.1.2001) by 2000 c. 37, ss. 76(1), 103(2), Sch. 10 Pt. II para. 6

20

S. 10(8): the date certified as the date upon which the English section effectively joins the French section is 30.11.1992 by S.I. 1991/1212, art.2.

23

S: 14(1)-(3): the words “for the county of Kent” substituted (1.4.1995) by 1994 c. 29, s. 44, Sch. 5 Pt. II para. 38(2); S.I. 1994/3262, art. 4, Sch. (with arts. 5-11)

24

Words in s. 14(5) substituted (1.2.2001) by 2000 c. 38, s. 217, Sch. 18 para. 6(3)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

28

S. 30 repealed (E.W.S.) by S.I. 1990/1285, art. 3

32

S. 33(1)(2)(b)(3)(4)(5)(a)(8)(9) repealed (1.3.2000) by S.I. 2000/311, art. 21(2)

33

S. 33(11) repealed (1.4.1994) by 1993 c. 43, ss. 150(1)(o), 152(3), Sch. 14; S.I. 1994/571, art. 5

35

Definitions in s. 33(12) repealed (1.3.2000) by S.I. 2000/311, art. 21(4)

43

S. 40 repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

44

s. 41 amended (1.4.1994) by 1993 c. 43, s. 152(2), Sch. 13 para. 4(2); S.I. 1994/571, art. 5 S. 41 amended (28.6.2000) by S.I. 2000/1484, art. 6

45

Words in s. 41(1)(a) substituted (1.2.2001) by 2000 c. 38, s. 227(2), Sch. 22 para. 20; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

48

Words in s. 41(3)(b) repealed (1.4.1994) by 1993 (c. 43), ss. 150(1)(o), 152(3), Sch. 14

49

S. 41(5) repealed (1.4.1994) by 1993 c. 43, ss. 150(1)(o), 152(3), Sch. 14; S.I. 1994/571, art. 5

50

S. 42 repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

103
108

Words in Sch. 6 para. 3 repealed (E.W.S.)(1.4.1994) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt.I; S.I. 1994/571, art. 5

114

Words in Sch. 6 para. 5 substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 15; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

123

Sch.7 Pt. VI para.13(1): it is provided that “The National Grid Company plc” shall be substituted (E.W.S.) for “the Central Electricity Generating Board” and “company” shall be substituted for “board” by S.I. 1990/577, art 2, Sch.

130

Words in Sch. 2 para. 3(2)(b) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 85 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

131

S. 32 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 84 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

132

Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

133

Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

134

Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

135

Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

136

Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(e) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

137

Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(f) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

138

Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(g) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

142

Words in s. 41(1)(a) substituted (E.W.S.) (25.2.2010) by The Passengers Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 5

143

Words in Sch. 6 para. 3 repealed (7.6.2005) by virtue of Inquiries Act 2005 (c. 12), s. 51(1), Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2

144

Words in s. 41(1)(a) repealed (E.W.S.) (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

149

Sch. 3 para. 17(4)(a) substituted for Sch. 3 para. 17(4)(a)(b) (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 109; S.I. 2006/2541, art. 2 (with Sch.)

150

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