The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002

• Work No. 11—A cycle track and footway (86 metres in length) being a realignment of the existing cycle track and footway, commencing at a junction with the east side of Knights Road 17 metres south of the centre of North Woolwich Road, passing eastwards along the south side of North Woolwich Road and terminating at a junction with the west side of Bradfield Road 13 metres south of the centre of North Woolwich Road.

• Work No. 12—A cycle track and footway (418 metres in length) being a realignment of the existing cycle track and footway, commencing at a junction with the east side of Bradfield Road 13 metres south of the centre of North Woolwich Road and terminating at a junction with the west side of Barrier Park Road, 13 metres south of the centre of North Woolwich Road.

• Work No. 13—A road (125 metres in length) being a realignment of Barrier Park Road commencing at a junction with that road at a point 50 metres south-east of its junction with North Woolwich Road, passing eastwards under Work No. 1 and terminating at a junction with the Barrier Park car park at a point 125 metres east of its commencement.

• Work No. 14—A cycle track and footway (152 metres in length) being a realignment of the existing cycle track and footway, commencing at a junction with the east side of Barrier Park Road, 13 metres south of the centre of North Woolwich Road, passing eastwards and terminating at a junction with the existing cycle track and footway 135 metres east of Barrier Park Road.

• Work No. 15—A road (496 metres in length) being a realignment and improvement of Hartmann Road, commencing at a junction with Connaught Road at a point 24 metres south-east of the junction between Camel Road and Connaught Road, passing north-eastwards over Camel Road, then eastwards and terminating at a junction with Hartmann Road 20 metres north-east of the junction between Drew Road and Leonard Street, adjacent to the terminal of London City Airport.

• Work No. 16—An access road (44 metres in length) being a realignment and extension of the existing access road to the facility known as the London City Airport fuel farm, commencing at a junction with Work No. 15 at a point 43 metres north-east of the commencement of Work No. 15, passing north-westwards across Camel Road and passing under Work No. 1 and terminating at a junction with the existing access road 44 metres north-west of its commencement at the gates to the fuel farm.

• Work No. 17—A road (25 metres in length) to connect Camel Road with Work No. 15, commencing at a junction with Work No. 15 at a point 103 metres from the commencement of Work No. 15, passing south-eastwards and terminating at a junction with Camel Road 25 metres south-east of its commencement.

• Work No. 18—A road (119 metres in length) being a realignment of Hartmann Road, commencing at a junction with Hartmann Road at a point 82 metres east of the roundabout at the junction of Hartmann Road and Connaught Road, passing south-eastwards and terminating at a junction with Work No. 15 at a point 140 metres north-east of the junction between Work No. 15 and Connaught Road.

• Work No. 19—A road (43 metres in length) commencing at a junction with Work No. 15 at a point 384 metres east of the junction between Work No. 15 and Connaught Road, passing north-eastwards under Work No. 1 and terminating at a junction with Hartmann Road 43 metres north-east of its junction with Work No. 15.

• Work No. 20—A road (306 metres in length) being a realignment of the extension of Hartmann Road, commencing at a junction with Work No. 15 at its termination point, passing south-eastwards under Work No. 3, then passing eastwards and terminating at a junction with the extension of Hartmann Road 55 metres north-west of the junction between Newland Road and Kennard Street, adjacent to the London City Airport car park entrance.

• Work No. 21—An access road (43 metres in length) being a realignment and extension of the existing access road for the facility known as the London City Airport remote plant room, commencing at a junction with Work No. 20 at a point 77 metres south-east of the junction between Work No. 15 and Work No. 20, passing south-westwards under Work No. 3 and terminating at a junction with the existing access road 43 metres south-west of its junction with Work No. 20.

• Work No. 22—A footway (145 metres in length) commencing at a junction with Parker Street, at a point 67 metres north of the junction of Parker Street and Drew Road, passing south eastwards and terminating at a point 17 metres north-east of the junction of Saville Road and Drew Road, including a ramped footway from its point of commencement up to the realigned and improved Hartmann Road (Work No. 15).

SCHEDULE 2 — ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED

(1)	(2)	(3)
Location	Number of land shown on the deposited plans	Purpose for which land may be acquired or used
Silvertown	174, 175 and 180	Provision of replacement school, community facilities and local amenities
King George V Dockside	205	Relocation of airport support services

SCHEDULE 3 — STATIONS

(1)	(2)	(3)
Area	Location of proposed station	Number of land shown on deposited plans
London Borough of Newham	Thames Wharf	33, 36 and 37 to 41
	West Silvertown	53, 61, 62, 63 and 65 to 69
	Pontoon Dock	70, 89, 90, 91 and 93
	London City Airport	133, 165, 166, 177, 178, 181, 183, 184, 187 and 195
	King George V	204, 211, 212, 214, 217 and 218
FS	Footpath diversion
---	---
RS	Realignment of street
SS	Stopping up of street
WE	Kerb line modification

SCHEDULE 4 — STREETS SUBJECT TO ALTERATION OF LAYOUT

(1)	(2)	(3)
Area	Street subject to alteration of layout	Description of alteration
London Borough of Newham.	Access road to land currently known as the Limmo off Lower Lea Roundabout.	Adaption of existing access road between points RS1 and RS2.
	Dock Road at junction of access road to land currently known as Thames Wharf site.	Re-configuration of island and kerblines at point WE1.
	North Woolwich Road and adjacent access car parking and forecourt to Carlsberg Tetley.	Modifications to kerblines to North Woolwich Road and car parking and forecourt layout between points WE2 and WE3.
	Junction of North Woolwich Road and Bell Lane.	Alterations to kerblines.
	North Woolwich Road and adjacent access car parking and forecourt to Akzo Nobel.	Alterations to kerblines to North Woolwich Road and access, car parking and forecourt layout between points WE4 and WE5.
	Junction of North Woolwich Road and Fisons Road.	Modifications to kerblines and alterations of junction.
	North Woolwich Road and adjacent access, car parking and forecourt to Plaistow Wharf.	Alterations to kerblines to North Woolwich Road and access, car parking and forecourt layout between points WE6 and WE7.
	Footway and cycleway on south side of North Woolwich Road.	Realignment, widening and alterations to edgelines to facilitate West Silvertown Station between points WE7 and WE8.
	Access off North Woolwich Road to Kierbeck Holdings Limited.	Re-configuration of access and alteration to kerblines at point WE9.
	Access off North Woolwich Road to Crescent Wharf.	Re-configuration of access and alteration to kerblines at point WE10.
	Access off North Woolwich Road to TDG Logistics.	Re-configuration of access and alteration to kerblines at point WE11.
	Access off North Woolwich Road to Minoco Wharf.	Re-configuration of access and alteration to kerblines at point WE12.
	Barrier Park car park.	Alterations to layout.
	Turning bay to access road off North Woolwich Road serving Thames Barrier.	Alterations to layout and modifications of kerblines between points WE13 and WE14.
	Northern end and turning head of Oriental Road.	Re-configuration of turning head and modifications to kerblines between points WE15 and WE16.
	Camel Road.	Modifications to kerbline between points WE17 and WE18.
	Drew Road.	Modifications to kerbline between points WE19 and WE20.
	Traffic circulation, pick up/drop down, taxi bays, bus bays, parking bays and footways serving London City Airport terminal main entrance off Hartmann Road.	Re-configuration of layout and modifications to kerblines within area between points WE21, WE22, WE23 and WE24.
	Access off extension of Hartmann Road serving main car parking area to London City Airport and adjacent to King George V Dock.	Re-configuration of layout and modifications to kerblines between points WE25 and WE26.
	Junction of Brixham Street and Dockland Street.	Modifications to footway edgeline between points WE27 and WE28.
	Claremont Close.	Modifications to footway edgelines between points WE29 and WE30.

SCHEDULE 5 — STREETS TO BE PERMANENTLY STOPPED UP

PART I — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1)	(2)	(3)	(4)
Area	Street to be stopped up	Extent of Stopping up	New street to be substituted
London Borough of Newham.	Access road to land currently known as the Limmo off Dock Road across Thames Wharf and beneath underpass below Lower Lea Crossing.	Between points SS4 and SS5.	Work No.4.
	Access roads to land currently known as Thames Wharf site off Dock Road.	Between points SS4 and SS6.	Work No.7 (part).
	Junction and access road off Dock Road to Thames Wharf serving Court Steel Company Limited and others.	Between points SS7and SS8.	Work No.8.
	Junction and access road off Dock Road adjacent to the northwest side of the former barge lock to General Marine and others.	Between points RS3 and RS4.	Work No.9.
	Junction and access road off Dock Road adjacent to north-east side of former barge lock to Carlsberg Tetley.	Between points RS5 and RS6.	Work No.10.
	Footway and cycleway south side of North Woolwich Road.	Between points SS11 and SS12.	Work No.11.
	Footway and cycleway south side of North Woolwich Road.	Between points SS13 and SS14.	Work No.12.
	Barrier Park Road.	Between points SS15 and SS16.	Work No.13 (part).
	Footway and cycleway south side of North Woolwich Road.	Between points SS17 and SS18.	Work No.14.
	Hartmann Road.	Between points SS20 and SS21, and SS22 and SS23.	Works Nos.15, 18 and 19.
	Access road off Camel Road serving London City Airport fuel farm.	Between points SS24 and SS25.	Works Nos.15 (part) and 16.
	Link road between Hartmann Road and Parker Street.	Between points SS28 and SS29.	Work No. 22 (part).
	Camel Road.	Between points SS26 to SS27.	Works Nos.15 (part) and 17.
	Drew Road footways between Parker Street and Wythes Road.	Between points SS31 and SS32.	Work No.22
	Footpath linking Parker Street to Drew Road.	Between points FS1 and FS2.	Work No.22.
	Footpath linking Parker Street to Wythes Road.	Between points FS3 and FS4.	Work No.22.
	Extension of Hartmann Road.	Between points SS23 to SS33.	Work No.20.
	Access road off extension of Hartmann Road serving London City Airport remote plant room.	Between points SS34 and SS35.	Work No.21.

PART II — STREET IN WHICH VEHICULAR RIGHTS ONLY ARE TO BE EXTINGUISHED

(1)	(2)	(3)
Area	Street to be affected	Extent of stopping up
London Borough of Newham.	Drew Road between Parker Street and Wythes Road.	Between points SS31 and SS32.

PART III — STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1)	(2)	(3)
Area	Street to be stopped up	Extent of stopping up
London Borough of Newham.	Staircase on south-east corner of underpass beneath Lower Lea Crossing.	Complete staircase at point SS1.
	Staircase and part footpath on south-west corner of underpass beneath Lower Lea Crossing.	Between points SS2 and SS3.
	Access road off Connaught Road.	At point SS19.
	Parker Street.	Northern end between points SS29 and SS30.

SCHEDULE 6 — STREETS TO BE TEMPORARILY STOPPED UP

(1)	(2)
Area	Street to be temporarily stopped up
London Borough of Newham	Lower Lea CrossingDock RoadNorth Woolwich RoadAccesses off North Woolwich Road to Carlsberg TetleyBell LaneAccess off North Woolwich Road to Akzo NobelFisons RoadAccess off North Woolwich Road to Plaistow WharfAccess off North Woolwich Road to Kierbeck Holdings LimitedAccess off North Woolwich Road to Crescent WharfAccess off North Woolwich Road to TDG LogisticsAccess off North Woolwich Road to Minoco WharfSilvertown WayKnights RoadBradfield RoadBurt RoadAccess serving the Thames BarrierAccess road off north-west corner of North Woolwich RoundaboutThames RoadNorth Woolwich RoundaboutOriental RoadA112 Connaught BridgeA1011 Connaught RoadParker StreetWythes RoadDrew RoadLeonard StreetNewland StreetBrixham StreetDockland StreetPier RoadClaremont CloseAccess road joining extension of Hartmann Road to Woolwich Manor Way/North Circular RoadWoolwich Manor WayNorth Circular Road

SCHEDULE 7 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without prejudice to the generality of paragraph 1 above, the Land Compensation Act 1973 shall have effect subject to the modifications set out in sub-paragraphs (2) and (3) below.

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4 below—

• (a) for the words “land is acquired or taken” there shall be substituted the words “ a right over land is purchased ”; and

• (b) for the words “acquired or taken from him” there shall be substituted the words “ over which the right is exercisable ”.

• (3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5 below—

• (a) for the word “part” in paragraphs (a) and (b) there shall be substituted the words “ a right over land consisting ”;

• (b) for the word “severance” there shall be substituted the words “ right over the whole of the house, building or manufactory or of the house and the park or garden ”;

• (c) for the words “part proposed” there shall be substituted the words “ right proposed ”; and

• (d) for the words “part is” there shall be substituted the words “ right is ”.

Adaptation of the 1965 Act

3

• (1) The 1965 Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired; or

• (b) the land over which the right is or is to be exercisable.

• (2) Without prejudice to the generality of sub-paragraph (1) above, Part I of the 1965 Act shall apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section:—

(7) 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 to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (provisions as to divided land) 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 manufactory or of a park or garden belonging to a house (“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 Lands Tribunal (“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 manufactory, that the right cannot be purchased without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs; the Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (“the 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. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section shall be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the 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 authority to withdraw the notice.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say:—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land);

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 compulsorily acquired is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (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 warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.

8

Section 20 of the 1965 Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9

Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) 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 acquired, subject to compliance with that section as respects compensation.

SCHEDULE 8 — LAND NOT TO BE ACQUIRED COMPULSORILY

(1)	(2)
Location	Number of land shown on the deposited plans
Land beneath and adjoining Silvertown Way	21 and 22
Lower Lea crossing (structure of underpass)	26
Silvertown Way	64
Dock Road	40 and 45
Pontoon Dock/Barrier Park	91A and 91B
Silvertown	178

SCHEDULE 9 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)	(2)	(3)	(4)
Location	Number of land shown on the deposited plans	Purpose for which temporary possession may be taken	Authorised work
Lower Lea	2, 23, 34, 35, 42 and 43	Working site	Works Nos. 1, 2 and 4 to 10
Pontoon Dock/Barrier Park	95 and 96	Working site and provision of access and servicing facilities for Barrier Park	Works Nos. 1 and 11 to 14
King George V Dockside	213, 215, 216 and 219	Working site and construction access	Works Nos. 1, 3 and 15 to 22

SCHEDULE 10 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc. on land acquired

1

• (1) Subject to the following provisions of this paragraph, sections 271 to 274of the 1990 Act (power to extinguish rights of statutory undertakers, etc. and power of statutory undertakers, etc. to remove or re-site apparatus) shall apply in relation to any land acquired under this Order, or which is held by DLRL and is appropriated or used (or about to be used) by it for the purposes of the Order or purposes connected therewith, and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) shall have effect accordingly.

• (2) In the provisions of the 1990 Act, as applied by sub-paragraph (1) above references to the appropriate Minister are references to the Secretary of State.

• (3) Where any apparatus of public utility undertakers or of a electronic communications code operator or former PTO is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1) above, any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from DLRL compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (4) Sub-paragraph (3) above shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that sub-paragraph, any person who is—

• (a) the owner or occupier of premises the drains of which communicated with that sewer; or

• (b) the owner of a private sewer which communicated with that sewer,

shall be entitled to recover from DLRL compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

• (5) The provisions of the 1990 Act mentioned in sub-paragraph (1) above, as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 below or Part III of the 1991 Act applies.

• (6) In this paragraph—

• ...

• “public utility undertakers” has the same meaning as in the Highways Act 1980 .

Apparatus of statutory undertakers, etc. in stopped up streets

2

• (1) Where a street is stopped up under article 10 of this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

• (2) DLRL shall give not less than 28 days’ notice in writing of its intention to stop up any street under article 10 of this Order to any statutory utility whose apparatus is under, in, upon, over, along or across that street.

• (3) Where notice under sub-paragraph (2) above has been given, any statutory utility whose apparatus is under, in, upon, over, along or across the street may where reasonably necessary for the efficient operation of the undertaking of the statutory utility and, if reasonably requested so to do by DLRL, shall—

• (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the statutory utility may reasonably determine and have power to place it; or

• (b) provide other apparatus in substitution for the existing apparatus and place it in such position as aforesaid.

• (4) Subject to the following provisions of this paragraph, DLRL shall pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with:—

• (a) the execution of relocation works required in consequence of the stopping up of the street; and

• (b) the doing of any other work or thing rendered necessary by the execution of relocation works.

• (5) If in the course of the execution of relocation works under sub-paragraph (3) above—

• (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions except where this has been solely due to using the nearest available type, capacity or dimension; or

• (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by DLRL, or, in default of agreement, is not determined by arbitration to be necessary in consequence of the construction of the authorised works in order to ensure the continued efficient operation of the undertaking of the statutory utility, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory utility by virtue of sub-paragraph (4) above shall be reduced by the amount of that excess.

• (6) For the purposes of sub-paragraph (5) above—

• (a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended provides more than an equivalent service; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

• (7) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (4) above (and having regard, where relevant, to sub-paragraph (5) above) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30th June 1992, as revised and re-issued from time to time.

• (8) Sub-paragraphs (4) to (7) above shall not apply where the authorised works constitute major transport works for the purposes of Part III of the 1991 Act, but instead—

• (a) the allowable costs of the relocation works shall be determined in accordance with section 85 of that Act (sharing of costs of necessary measures) and any regulations for the time being having effect under that section; and

• (b) the allowable costs shall be borne by DLRL and the statutory utility in such proportions as may be prescribed by any such regulations.

• (9) The temporary stopping up, alteration or diversion of any highway under article 10 of this Order shall not affect any right of a public operator of an electronic communications code network under paragraph 9 of the electronic communications code in respect of any apparatus which at the time of the stopping up or diversion is in the highway.

• (10) In this paragraph—

• “apparatus” has the same meaning as in Part III of the 1991 Act;

• ...

• “relocation works” means works executed, or apparatus provided, under sub-paragraph (3) above; and

• “statutory utility” means a statutory undertaker for the purposes of the Highways Act 1980 or a public operator of an electronic communications code network ....

SCHEDULE 11 — FOR PROTECTION OF RAILWAY UNDERTAKERS

PART I — RAILTRACK

1

• (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between DLRL and Railtrack PLC, have effect.

• (2) In this Part of this Schedule—

• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

• “the engineer” means an engineer appointed by Railtrack PLC for the purpose in question;

• “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals and programmes;

• “Railtrack” means Railtrack PLC and any associated company of Railtrack PLC which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 736 of the Companies Act 1985) the holding company of Railtrack PLC, a subsidiary of Railtrack PLC or another subsidiary of the holding company of Railtrack PLC;

• “railway property” means any railway belonging to Railtrack PLC and any land, works, apparatus and equipment belonging to Railtrack directly related to any such railway and any easement or other property interest held by or for the benefit of Railtrack; and

• “specified work” means so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

2

• (1) DLRL shall not exercise the powers conferred by article 18 above or the powers conferred by section 11(3) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Railtrack PLC.

• (2) DLRL shall not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Railtrack PLC.

• (3) DLRL shall not exercise the powers conferred by sections 271 or 272 of the 1990 Act, as applied by Schedule 10 to this Order, in relation to any right of access of Railtrack to railway property but such right of access may be diverted with the consent of Railtrack PLC.

• (4) DLRL shall not under the powers of this Order acquire or use or acquire new rights over any railway property except with the consent of Railtrack PLC.

• (5) Where Railtrack PLC is asked to give its consent pursuant to sub-paragraph (1), (2), (3) or (4) above, such consent shall not be unreasonably withheld but may be given subject to reasonable conditions.

3

• (1) DLRL shall before commencing construction of any specified work supply to Railtrack PLC proper and sufficient plans of that work for the reasonable approval of the engineer and shall not commence such construction of the specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.

• (2) The approval of the engineer under sub-paragraph (1) above shall not be unreasonably withheld, and if by the end of the period of 56 days beginning with the date on which such plans have been supplied to Railtrack PLC the engineer has not intimated his disapproval of those plans and the grounds of his disapproval he shall be deemed to have approved the plans as submitted.

• (3) If by the end of the period of 56 days beginning with the date on which such plans have been supplied to Railtrack PLC, Railtrack PLC gives notice to DLRL that Railtrack PLC desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Railtrack PLC then, if DLRL desires such part of the specified work to be constructed, Railtrack PLC shall construct it (together with any adjoining part of the specified work which DLRL reasonably requires to be constructed in one operation with that work) with all reasonable dispatch on behalf of and to the reasonable satisfaction of DLRL in accordance with the plans approved or deemed to be approved or settled under this paragraph and under the supervision (where appropriate and if given) of DLRL.

• (4) In the event of Railtrack PLC not constructing or completing any part of a specified work pursuant to sub-paragraph (3) above with all reasonable dispatch and to the reasonable satisfaction of DLRL in accordance with such programme as may be agreed with DLRL or settled by arbitration, Railtrack PLC shall pay compensation to DLRL for any loss which it may sustain as a result.

• (5) When signifying his approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his opinion should be carried out before the commencement of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Railtrack PLC or the services of operators using the same (including any relocation of works, apparatus and equipment necessitated by a specified work), and such protective works as may be reasonably necessary for those purposes shall be constructed by Railtrack PLC or by DLRL, if Railtrack PLC so desires, with all reasonable dispatch and DLRL shall not commence the construction of the specified works until the engineer has notified DLRL that the protective works have been completed to his reasonable satisfaction.

4

• (1) Any specified work shall, when commenced, be constructed—

• (a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 3 above;

• (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

• (c) in such manner as to cause as little damage as is possible to railway property; and

• (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Railtrack PLC or the traffic thereon and the use by passengers of railway property,

and, if any damage to railway property or any such interference or obstruction is caused or takes place in consequence of the construction of a specified work, DLRL shall, notwithstanding any such approval, make good such damage and shall pay to Railtrack PLC all reasonable expenses to which Railtrack may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

• (2) Nothing in this paragraph shall impose any liability on DLRL with respect to any damage, costs, expenses or loss attributable to the negligence of Railtrack or its servants, contractors or agents.

5

DLRL shall—

• (a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

• (b) supply the engineer with all such information as he may reasonably require with regard to a specified work or the method of constructing it.

6

Railtrack PLC shall at all times afford reasonable facilities to DLRL and its agents for access to any works carried out by Railtrack PLC under this Schedule during their construction and shall supply DLRL with such information as it may reasonably require with regard to such works or the method of constructing them.

7

• (1) If any alterations or additions, either permanent or temporary, to railway property are reasonably necessary during the construction of a specified work, or during a period of 12 months after the commencement of regular revenue-earning train operations using the new railways comprised in any specified work, in consequence of the construction of a specified work, and Railtrack PLC gives to DLRL reasonable notice of its intention specifying the alterations or additions to be carried out, DLRL shall pay to Railtrack PLC the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Railtrack in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) The engineer shall, in respect of the capitalised sums referred to in this paragraph and paragraph 8(a) below, provide such details of the formula by which those sums have been calculated as DLRL may reasonably require.

• (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 DLRL to Railtrack PLC under this paragraph.

8

DLRL shall repay to Railtrack PLC all reasonable fees, costs, charges and expenses reasonably incurred by Railtrack—

• (a) in constructing any part of a specified work on behalf of DLRL as provided by paragraph 3(3) above or in constructing any protective works under the provisions of paragraph 3(5) above including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works; and

• (b) in respect of the approval by the engineer of plans submitted by DLRL and the supervision by him of the construction of a specified work.

9

• (1) In this paragraph—

• “EMI” means, subject to sub-paragraph (2) below, electromagnetic interference with Railtrack’s apparatus generated by the operation of the authorised works (including the operation of trains using the new railways comprised in the works) where such interference is of a level which adversely affects the safe operation of Railtrack’s apparatus; and

• “Railtrack’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised works) which are owned or used by Railtrack for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

• (2) This paragraph shall apply to EMI only to the extent that such EMI is not attributable to any change to Railtrack’s apparatus carried out after approval of plans under paragraph 3(1) above for the relevant part of the authorised works giving rise to EMI (unless DLRL has been given notice in writing before the approval of those plans of the intention to make such change).

• (3) Subject to sub-paragraph (5) below, DLRL shall in the design and construction of the authorised works take all measures necessary to prevent EMI and shall establish with Railtrack (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

• (4) In order to facilitate DLRL’s compliance with sub-paragraph (3) above—

• (a) DLRL shall consult with Railtrack PLC as early as reasonably practicable to identify all Railtrack’s apparatus which may be at risk of EMI, and thereafter shall continue to consult with Railtrack PLC (both before and after formal submission of plans under paragraph 3(1) above) to identify all potential causes of EMI and the measures required to eliminate them;

• (b) Railtrack PLC shall make available to DLRL all information in Railtrack’s possession reasonably requested by DLRL in respect of Railtrack’s apparatus identified pursuant to paragraph (a) above; and

• (c) Railtrack PLC shall allow DLRL reasonable facilities for the inspection of Railtrack’s apparatus identified pursuant to paragraph (a) above.

• (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Railtrack’s apparatus, Railtrack shall not withhold its consent unreasonably to modifications of Railtrack’s apparatus, but the means of prevention and the method of their execution shall be selected in Railtrack PLC’s reasonable discretion and in relation to such modifications paragraph 3(1) above shall have effect subject to this sub-paragraph.

• (6) If at any time prior to the commencement of regular revenue-earning train operations on the new railways comprised in the authorised works and notwithstanding any measures adopted pursuant to sub-paragraph (3) above, the testing or commissioning of the authorised works causes EMI then DLRL shall immediately upon receipt of notification by Railtrack of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) DLRL’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5) above) to Railtrack’s apparatus.

• (7) In the event of EMI having occurred—

• (a) DLRL shall afford reasonable facilities to Railtrack PLC for access to DLRL’s apparatus in the investigation of such EMI;

• (b) Railtrack shall afford reasonable facilities to DLRL for access to Railtrack’s apparatus in the investigation of such EMI; and

• (c) Railtrack shall make available to DLRL any additional material information in its possession reasonably requested by DLRL in respect of Railtrack’s apparatus or such EMI.

• (8) Where Railtrack PLC approves modifications to Railtrack’s apparatus pursuant to sub-paragraphs (5) or (6) above—

• (a) Railtrack shall allow DLRL reasonable facilities for the inspection of the relevant part of Railtrack’s apparatus;

• (b) any modifications to Railtrack’s apparatus approved pursuant to those sub-paragraphs shall be carried out and completed by DLRL in accordance with paragraph 4 above.

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 13(1) below shall apply to the costs and expenses reasonably incurred or losses suffered by Railtrack through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Railtrack’s apparatus) or in consequence of any EMI to which sub-paragraph (6) above applies.

• (10) For the purpose of paragraph 8(a) above any modifications to Railtrack’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

• (11) In relation to any dispute arising under this paragraph the reference in article 48 above to the Institution of Civil Engineers shall be read as a reference to the Institution of Electrical Engineers.

10

If at any time after the completion of a specified work, not being a work vested in Railtrack, Railtrack PLC gives notice to DLRL informing it that the state of maintenance of the specified work appears to be such as adversely affects the operation of railway property, DLRL shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

11

DLRL shall not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Railtrack PLC unless it shall have first consulted Railtrack PLC and it shall comply with Railtrack PLC’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

12

Any additional expenses which Railtrack may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to DLRL, be repaid by DLRL to Railtrack PLC.

13

• (1) DLRL shall pay to Railtrack PLC all reasonable costs, charges, damages and expenses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by Railtrack—

• (a) by reason of the construction or maintenance of a specified work or the failure thereof; or

• (b) by reason of any act or omission of DLRL or of any person in its employ or of its contractors or others whilst engaged upon a specified work;

and DLRL shall indemnify Railtrack from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act or thing may have been done by Railtrack on behalf of DLRL or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision shall not (if it was done without negligence on the part of Railtrack or of any person in its employ or of its contractors or agents) excuse DLRL from any liability under the provisions of this sub-paragraph.

• (2) Railtrack PLC shall give DLRL reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand shall be made without the prior consent of DLRL.

• (3) The sums payable by DLRL under sub-paragraph (1) above shall include a sum equivalent to the relevant costs.

• (4) Subject to the terms of any agreement between Railtrack PLC and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Railtrack PLC shall promptly pay to each train operator the amount of any sums which Railtrack PLC receives under sub-paragraph (3) above which relates to the relevant costs of that train operator.

• (5) The obligation under sub-paragraph (3) above to pay Railtrack PLC the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4) above.

• (6) In this paragraph—

• ...

• “the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Railtrack’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1) above; and

• “train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993 or any person who holds a railway undertaking licence granted pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005 ...

14

In the assessment of any sums payable to Railtrack under this Schedule there shall not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Railtrack if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by DLRL under this Schedule or increasing the sums so payable.

15

DLRL and Railtrack PLC may enter into, and carry into effect, agreements for the transfer to DLRL of—

• (a) any railway property shown on the deposited plans and described in the book of reference;

• (b) any lands, works or other property held in connection with any such railway property; and

• (c) any rights and obligations (whether or not statutory) of Railtrack PLC relating to any railway property.

PART II — THE UNDERGROUND COMPANIES

16

• (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between DLRL and LUL, have effect for the protection of the Underground companies.

• (2) In this Part of this Schedule—

• “construction” includes execution, demolition, placing, alteration, reconstruction and maintenance and “construct” and “constructed” have corresponding meanings;

• “EMI” means, subject to paragraph 24(1) below, electromagnetic interference with the Underground companies’ works and apparatus generated by the operation of the authorised works (including the operation of trains using the new railways comprised in the works) where such interference is of a level which adversely affects the safe operation of the Underground companies’ works and apparatus;

• “the engineer” means an engineer appointed by LUL for the purpose in question;

• “LUL” means London Underground Limited;

• “maintenance” means works of maintenance and repair that are material to the structures and safe operation of railway property;

• “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals and programmes;

• “PPP company” means a company undertaking to carry out or secure the carrying out of any or all of the work mentioned in section 210(3) of the Greater London Authority Act 1999 ;

• “PPP-related third party” means any person with whom arrangements of the type mentioned in section 215(2)(b) of the Greater London Authority Act 1999 are entered into;

• “railway property” means any railway belonging to LUL, any works, apparatus and equipment of the Underground companies connected with any such railway and any land, premises, arch, cellar or vault belonging to or used by the Underground companies for the purposes of any such railway, works, apparatus or equipment;

• “specified work” means so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property;

• “subsidiary” has the same meaning as in section 736 of the Companies Act 1985 ;

• “the Underground companies” means LUL, any subsidiary of LUL, a PPP company, any subsidiary of a PPP company and any PPP-related third party; and

• “the Underground companies’ works and apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised works) which are owned or used by the Underground companies for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

17

• (1) DLRL shall not exercise the powers conferred by article 18 above or the powers conferred by section 11(3) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of LUL.

• (2) DLRL shall not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of LUL.

• (3) The provisions of Schedule 10 to this Order shall not apply to any railway property to which this Part of this Schedule applies.

• (4) Except with the consent of LUL, DLRL shall not under the powers of Part III of this Order—

• (a) acquire or enter upon,

• (b) take or use, whether temporarily or permanently,

• (c) acquire any new right over, or

• (d) acquire any existing right of the Underground companies relating to,

any railway property.

• (5) Where LUL is asked to give its consent pursuant to sub-paragraph (1), (2), (3) or (4) above, such consent shall not be unreasonably withheld but may be given subject to reasonable conditions.

18

• (1) DLRL shall before commencing construction of any specified work supply to LUL proper and sufficient plans of that work for the reasonable approval of the engineer and shall not commence such construction of the specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.

• (2) The approval of the engineer under sub-paragraph (1) above shall not be unreasonably withheld, and if by the end of the period of 56 days beginning with the date on which such plans have been supplied to LUL the engineer has not intimated his disapproval of those plans and the grounds of his disapproval he shall be deemed to have approved the plans as submitted.

• (3) When signifying his approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his reasonable opinion should be carried out before the commencement of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of any railway belonging to LUL or the services of operators using the same (including any relocation of works, apparatus and equipment necessitated by a specified work), and such protective works as may be reasonably necessary for those purposes shall be constructed by LUL or by DLRL, if LUL so desires, with all reasonable dispatch and DLRL shall not commence the construction of the specified works until the engineer has notified DLRL that the protective works have been completed to his reasonable satisfaction.

• (4) The engineer shall inspect the protective works and notify DLRL that they have been completed to his reasonable satisfaction, or otherwise, as soon as reasonably practicable after they have been completed.

19

• (1) Any specified work and any protective work specified pursuant to paragraph 18(3) above shall, when commenced, be constructed—

• (a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 18 above;

• (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

• (c) in such manner as to cause as little damage as is possible to railway property; and

• (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway belonging to LUL or the traffic thereon and the use by passengers of railway property,

and, if any damage to railway property or any such interference or obstruction is caused or takes place in consequence of the construction of a specified work, DLRL shall, notwithstanding any such approval, make good such damage and shall pay to LUL all reasonable expenses to which LUL may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

• (2) Nothing in this paragraph shall impose any liability on DLRL with respect to any damage, cost, expense or loss attributable to the negligence of the Underground companies or their servants, contractors or agents and any liability of DLRL under this paragraph shall be reduced proportionately to the extent to which any damage, cost, expense or loss is attributable to the negligence of the Underground companies or their servants, contractors or agents.

20

DLRL shall—

• (a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

• (b) supply the engineer with all such information as he may reasonably require with regard to a specified work or the method of constructing it.

21

The Underground companies shall at all times afford reasonable facilities to DLRL and its agents for access to any works carried out by LUL under this Part of this Schedule during their construction and LUL shall supply DLRL with such information as it may reasonably require with regard to such works or the method of constructing them.

22

• (1) If any alterations or additions, either permanent or temporary, to railway property are reasonably necessary during the construction of a specified work, or during a period of 12 months after the commencement of regular revenue-earning train operations using the new railways comprised in any specified work, in consequence of the construction of a specified work, and LUL gives to DLRL reasonable notice of its intention to carry out any such alterations or additions specifying the alterations or additions to be carried out, DLRL shall pay to LUL the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by the Underground companies in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) The engineer shall, in respect of the capitalised sums referred to in this paragraph and paragraph 23(a) below, provide such details of the formula by which those sums have been calculated as DLRL may reasonably require.

• (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 DLRL to LUL under this paragraph.

23

DLRL shall repay to LUL all reasonable fees, costs, charges and expenses reasonably incurred by the Underground companies—

• (a) in constructing any protective works under the provisions of paragraph 18(3) above including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

• (b) in respect of the employment or procurement of the services of any inspectors, supervisory staff, signalmen, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, monitoring, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work and to ensure the continued safe and economic operation of LUL’s railway undertaking or the services of operators using the same (including any relocation of works, apparatus and equipment necessitated by a specified work) and the comfort and safety of passengers;

• (c) in respect of any special traffic working resulting from any speed restrictions which may, in the reasonable opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work, or from the substitution or diversion of services which may be reasonably necessary for the same reason;

• (d) in respect of any additional temporary lighting of railway property in the vicinity of a specified work, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work; and

• (e) in respect of the approval by the engineer of plans submitted by DLRL and the supervision by him of the construction of a specified work.

24

• (1) This paragraph shall apply to EMI only to the extent that such EMI is not attributable to any change to the Underground companies’ apparatus carried out after approval of plans under paragraph 18(1) above for the relevant part of the authorised works giving rise to EMI (unless DLRL has been given notice in writing before the approval of those plans of the intention to make such change).

• (2) Subject to sub-paragraph (4) below, DLRL shall in the design and construction of the authorised works take all measures necessary to prevent EMI and shall establish with LUL (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

• (3) In order to facilitate DLRL’s compliance with sub-paragraph (2) above—

• (a) DLRL shall consult with LUL as early as reasonably practicable to identify all the Underground companies’ works and apparatus which may be at risk of EMI, and thereafter shall continue to consult with LUL (both before and after formal submission of plans under paragraph 18(1) above) to identify all potential causes of EMI and the measures required to eliminate them;

• (b) the Underground companies shall make available to DLRL all information in their possession reasonably requested by DLRL in respect of the Underground companies’ works and apparatus identified pursuant to paragraph (a) above; and

• (c) the Underground companies shall allow DLRL reasonable facilities for the inspection of the Underground companies’ works and apparatus identified pursuant to paragraph (a) above.

• (4) In any case where it is established that EMI can only reasonably be prevented by modifications to the Underground companies’ works and apparatus, the Underground companies shall not withhold their consent unreasonably to modifications of the Underground companies’ works and apparatus, but the means of prevention and the method of their execution shall be selected in LUL’s reasonable discretion and in relation to such modifications paragraph 18(1) above shall have effect subject to this sub-paragraph.

• (5) If at any time prior to the commencement of regular revenue-earning train operations on the new railways comprised in the authorised works and notwithstanding any measures adopted pursuant to sub-paragraph (2) above, the testing or commissioning of the authorised works causes EMI then DLRL shall immediately upon receipt of notification by LUL of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) DLRL’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (4) above) to the Underground companies’ works and apparatus.

• (6) In the event of EMI having occurred—

• (a) DLRL shall afford reasonable facilities to the Underground companies for access to DLRL’s apparatus in the investigation of such EMI;

• (b) the Underground companies shall afford reasonable facilities to DLRL for access to the Underground companies’ works and apparatus in the investigation of such EMI; and

• (c) the Underground companies shall make available to DLRL any additional material information in their possession reasonably requested by DLRL in respect of the Underground companies’ works and apparatus or such EMI.

• (7) Where the Underground companies approve modifications to the Underground companies’ works and apparatus pursuant to sub-paragraphs (4) or (5) above—

• (a) the Underground companies shall allow DLRL reasonable facilities for the inspection of the relevant part of the Underground companies’ works and apparatus;

• (b) any modifications to the Underground companies’ works and apparatus approved pursuant to those sub-paragraphs shall be carried out and completed by DLRL in accordance with paragraph 19 above.

• (8) To the extent that it would not otherwise do so, the indemnity in paragraph 26(1) below shall apply to the costs and expenses reasonably incurred or losses suffered by the Underground companies through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to the Underground companies’ works and apparatus) or in consequence of any EMI to which sub-paragraph (5) above applies.

• (9) For the purpose of paragraph 23(a) above any modifications to the Underground companies’ works and apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

• (10) In relation to any dispute arising under this paragraph the reference in article 48 above to the Institution of Civil Engineers shall be read as a reference to the Institution of Electrical Engineers.

25

If at any time after the completion of a specified work, not being a work vested in the Underground companies, LUL gives notice to DLRL informing it that the state of maintenance of the specified work appears to be such as adversely affects the operation of railway property, DLRL shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

26

• (1) DLRL shall pay to LUL all reasonable 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 Underground companies—

• (a) by reason of the construction of a specified work or the failure thereof; or

• (b) by reason of any act or omission of DLRL or of any person in its employ or of its contractors or others whilst engaged upon a specified work,

and DLRL shall indemnify the Underground companies from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act or thing may have been done by the Underground companies on behalf of DLRL or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision shall not (if it was done without negligence on the part of the Underground companies or of any person in their employ or of their contractors or agents) excuse DLRL from any liability under the provisions of this sub-paragraph.

• (2) The Underground companies shall give DLRL reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand shall be made without the prior consent of DLRL.

• (3) Any liability of DLRL under this paragraph shall be reduced proportionately to the extent to which any cost, charge, damage, expense, claim, demand or loss is attributable to the negligence of the Underground companies or their servants, contractors or agents.

27

In the assessment of any sums payable to the Underground companies under this Part of this Schedule there shall not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by the Underground companies if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by DLRL under this Part of this Schedule or increasing the sums so payable.

28

DLRL and the Underground companies may enter into, and carry into effect, agreements for the transfer to DLRL of—

• (a) any railway property shown on the deposited plans and described in the book of reference;

• (b) any lands, works or other property held in connection with any such railway property; and

• (c) any rights and obligations (whether or not statutory) of the Underground companies relating to any railway property.

SCHEDULE 12 — FOR PROTECTION OF THE LONDON BOROUGH OF NEWHAM

1

• (1) The following provisions of this Schedule shall, unless otherwise agreed in writing between DLRL and the Council of the London Borough of Newham, have effect—

• (2) In this Schedule—

• “the Council” means the Council of the London Borough of Newham;

• “highway” means a street vested in or maintainable by the Council;

• “highway operations” means the construction of any part of the authorised works which will involve interference with a highway or the traffic in a highway and any temporary stopping up, alteration or diversion of a highway.

2

Before commencing to construct any scheduled work DLRL shall consult the Council about—

• (a) the programme for the construction of that work so as to secure, so far as may be reasonably practicable, that the duration of any disturbance occasioned by, or in connection with, such construction shall be reduced to a minimum; and