The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004

• (a) prohibit the waiting of vehicles at any time on the road specified in column (1) and along the lengths and between the points specified in columns (2) and (3) of Schedule 18 to this Order; and

• (b) revoke any traffic regulation order in so far as it is inconsistent with any prohibition made by DLRL under this paragraph.

• (2) DLRL shall not exercise the powers of this article unless it has—

• (a) given not less than 12 weeks' notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated; and

• (b) advertised its intention in such manner as the traffic authority may within 28 days of its receipt of notice of DLRL’s intention specify in writing.

• (3) Any prohibition or other provision made by DLRL under sub-paragraph (1)(a) or (b) shall have effect as if duly made by the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act and the instrument by which it is effected may specify savings (in addition to those mentioned in Schedule 18) to which the prohibition is subject.

Powers of disposal, agreements for operation, etc.

48

• (1) DLRL may, with the consent of the Secretary of State sell, lease, charge or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of the authorised works and any land held in connection therewith.

• (2) Without prejudice to the generality of paragraph (1), DLRL may enter into and carry into effect agreements with respect to any of the following matters, namely, the construction maintenance, use and operation of the authorised works, or any part or parts of them, by any other person, and other matters incidental or subsidiary thereto or consequential thereon, and the defraying of, or the making of contributions towards, the cost of the matters aforesaid by DLRL or any other person.

• (3) Any agreement under subsection (2) may provide (inter alia) for the exercise of the powers of DLRL in respect of the authorised works or any part or parts thereof, and for the transfer to any person of the authorised works or any part or parts thereof together with the rights and obligations of DLRL in relation thereto.

• (4) The exercise of the powers of any enactment by any person in pursuance of any sale, lease, charge or disposal under paragraph (1), or any agreement under paragraph (2), shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by DLRL.

• (5) Sections 163 and 207(2) of the Greater London Authority Act 1999 shall not apply to the disposal of any freehold interest in land or the grant of a leasehold interest in land where consent for such disposal or grant is required under paragraph (1).

Application of landlord and tenant law

49

• (1) This article applies to any agreement for leasing to any person the whole or any part of the authorised works or the right to operate the same, and any agreement entered into by DLRL with any person for the construction, maintenance, use or operation of the authorised works, or any part of them, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

• (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of any agreement to which this article applies.

• (3) Accordingly no such enactment or rule of law shall apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

• (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

• (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

• (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Defence to proceedings in respect of statutory nuisance

50

• (1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—

• (a) that the nuisance relates to premises used by DLRL for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works and that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974 ; or

• (b) that the nuisance is a consequence of the operation of the works authorised by this Order and that it cannot reasonably be avoided.

• (2) The following provisions of the Control of Pollution Act 1974, namely—

• (a) section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990); and

• (b) section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded);

shall not apply where the consent relates to the use of premises by DLRL for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.

• (3) The provisions of this article are without prejudice to the application to the authorised works of section 122 of the Railways Act 1993 (statutory authority as a defence to actions in nuisance, etc.) or any rule of common law having similar effect.

Disclosure of confidential information

51

A person who—

• (a) enters a factory, workshop or workplace in pursuance of the provisions of article 19 or article 21; and

• (b) discloses to any person any information obtained by him relating to any manufacturing process or trade secret;

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter the land.

Certification of plans, etc.

52

DLRL shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited plans, the deposited sections and the open space and exchange land plan to the Secretary of State for certification that they are true copies of, respectively, the book of reference, the deposited plans, the deposited sections and the open space and exchange land plan referred to in this Order, and a document so certified shall be admissible in any proceedings, as evidence of the contents of the document of which it is a copy.

Service of notices

53

• (1) A notice or other document required or authorised to be served for the purposes of this Order may be served by post.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) is, if he has given an address for service, that address, and otherwise—

• (a) in the case of the secretary of clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, his last known address at the time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.

No double recovery

54

Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Arbitration

55

Unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.

SCHEDULE 1 — SCHEDULED WORKS

(1)	(2)	(3)
Area	Number of Work	Description of work
In the London Boroughs of Newham and Greenwich	Work No. 1	A railway (2,533 metres in length), mainly located in two parallel bored tunnel structures, commencing at a junction with the proposed DLR Silvertown and London City Airport Extension at the centre of the proposed King George V station, passing eastwards and descending, then passing south-eastwards below Woodman Street, the junction of Albert Road, Woodman Street and Bargehouse Road, Grimsby Grove, and the River Thames, then turning southwards and rising, passing below Tom Cribb Road, then turning south-westwards and continuing to rise, passing under Plumstead Road and Maxey Road, then turning westwards under Burrage Road, Parry Place, the British Telecom access road and car park and the Network Rail Woolwich Arsenal station down passenger platform, then turning north-westwards under Taylor’s Buildings, Woolwich New Road and terminating at a point under the intersection of Greens End with Powis Street in Woolwich town centre, the first section of tunnel (1,975 metres in length) being under part of North Woolwich, the River Thames, the Royal Arsenal site and the eastern part of Woolwich, commencing 252 metres from the commencement of this work and terminating 15 metres west of Parry Place, 2,227 metres from the commencement of this work, the second section of tunnel (74 metres in length) being under the British Telecom telephone exchange access road and car park and Network Rail down passenger platform, commencing 90 metres west of Parry Place, 2,304 metres from the commencement of this work and terminating 22 metres east of Taylor’s Buildings, 2,378 metres from the commencement of this work and the third section of tunnel (109 metres in length) being under part of Woolwich Town Centre, commencing 23 metres west of Taylor’s Buildings, 2,424 metres from the commencement of this work and terminating at the termination point of this work, including sections of bored and cut and cover tunnel, intermittent cross passage tunnels between the two parallel bored tunnel structures and tunnel boring machine launch and reception chambers.
In the London Borough of Newham	Work No. 2	A road (380 metres in length) being a realignment of the extension of Hartmann Road, commencing at a point 492 metres west of its junction with Albert Road and Woolwich Manor Way, passing eastwards and terminating at a point 111 metres west of its junction with Albert Road and Woolwich Manor Way.
	Work No. 3	A temporary jetty structure (300 metres in length) in King George V Dock commencing 350 metres west of the eastern end of the dock, passing eastwards and terminating 50 metres west of the east end of the dock.
	Work No. 4	A temporary access bridge and conveyor (110 metres in length) from King George V Dock to the adjacent dock side land, commencing at an intersection with Work No. 3, 77 metres west of the eastern end of King George V Dock, passing south-eastwards and terminating at a point 75 metres north-west of the intersection of Albert Road, Woolwich Manor Way, the extension of Hartmann Road and Fishguard Way.
In the London Borough of Greenwich	Work No. 5	An intervention shaft and cross passage structure (68 metres in length) commencing at a point 89 metres north-east of the junction between Argyle Road and Marlborough Road and 4 metres above existing ground level, descending 36 metres vertically and then turning through 90 degrees and passing horizontally eastwards and terminating at an intersection with Work No.1, 1,255 metres from the commencement of that work, including a surface building and underground ventilation and drainage adits and cross passage tunnel structures,
	Work No. 6	An access road (16 metres in length) commencing at a point on the north-east side of Marlborough Road 95 metres north-east of its intersection with Argyle Road, passing north-east across Work No. 8 and terminating 16 metres from its commencement.
	Work No. 7	A footway (120 metres in length), being a realignment of the existing riverside footway, commencing at a point 43 metres north-east of the junction between Marlborough Road and Argyle Road, passing eastwards, then following the circumference of the intervention shaft in Work No. 5 in a clockwise manner, passing south-eastwards, then north-eastwards and terminating at a junction with the existing footpath 121 metres north-east of the junction between Marlborough Road and Argyle Road.
	Work No. 8	A cycleway (99 metres in length), being a realignment of the existing riverside cycleway, commencing at a point 32 metres north-east of the junction between Marlborough Road and Argyle Road, passing eastwards to the south of the intervention shaft in Work No. 5, crossing Work No. 6, passing south-eastwards, then north-eastwards and terminating at a junction with the existing cycleway 121 metres north-east of the junction between Marlborough Road and Argyle Road.
	Work No. 9	A road (215 metres in length), commencing at the junction between Marlborough Road and Argyle Road, passing north-eastwards, then south-eastwards and terminating at a point on Cadogan Road 105 metres south-east of its junction with Argyle Road.
	Work No. 10	A temporary railway passenger platform (238 metres in length) commencing at the country (east) end of the existing Network Rail Woolwich Arsenal station down passenger platform, passing eastwards under Burrage Road and terminating at a point 10 metres west of Maxey Road.
	Work No. 11	A temporary footbridge (14 metres in length) commencing at a point 23 metres west of Burrage Road on the north side of Network Rail’s North Kent Railway Line, passing southwards over Work No. 10 and the North Kent railway line, and terminating at a point 25 metres west of Burrage Road on the south side of the North Kent line.
	Work No. 12	A temporary access ramp (118 metres in length) commencing at a point on the west side of Burrage Road, 46 metres south of its junction with Spray Street and Burrage Grove, passing eastwards and descending and then turning south and terminating at an intersection with Work No. 10 at a point 158 metres from the commencement of that work.
	Work No. 13	An access road (30 metres in length) commencing at a point on the east side of Parry Place 23 metres south of its junction with Spray Street, passing eastwards and terminating 30 metres from its commencement.
	Work No. 14	An access road (185 metres in length), being a replacement of the existing British Telecom telephone exchange access road, commencing at a point on the east side of Taylor’s Buildings 36 metres south of its junction with Spray Street, passing south-east eastwards past the south-west side of the existing telephone exchange building, then passing eastwards and terminating at a point on the west side of Parry Place 20 metres south of its junction with Spray Street.
	Work No. 15	An access road (20 metres in length) commencing at a point on the north-west side of Taylor’s Buildings 34 metres south of its junction with Spray Street, passing north-westwards and terminating at a point 20 metres from its commencement.
	Work No. 16	A footbridge (20 metres in length) commencing at a point 10 metres east of the south end of Taylor’s Buildings on the north side of Network Rail’s Woolwich Arsenal station down passenger platform, passing southwards over Network Rail’s North Kent Railway Line, and terminating at a point 28 metres north-west of the junction between Helen Street and Vincent Road on the south side of Woolwich Arsenal station up passenger platform.
	Work No. 17	A road (123 metres in length) being a realignment of the existing Woolwich New Road, commencing at a junction with the existing road 10 metres south-west of its junction with Vincent Road and General Gordon Place, passing north-eastwards and terminating at a point on the existing road 26 metres north-east of its junction with Spray Street.
	Work No. 18	A temporary road (110 metres in length), being a temporary diversion of the existing Woolwich New Road, commencing 18 metres north-east of its junction with General Gordon Place and Vincent Road, passing north-eastwards, then northwards and terminating at a point 32 metres north of the junction between Spray Street and Woolwich New Road.
	Work No. 19A	A sewer (109 metres in length) being a diversion of part of the existing sewer which passes below Burrage Road, commencing underground at a junction with the existing Thames Water Southern Outfall Sewer No. 2 at a location 12 metres east of Burrage Road and 10 metres south of Arthur Grove, passing north-westwards below Arthur Grove and Burrage Road to a point at the east end of Woolwich Arsenal station car park, 15 metres west of Burrage Road, passing westwards below the car park, then southwards below Vincent Road, to terminate at a point under Vincent Road 35 metres west of its intersection with Burrage Road, including the construction of vertical access shaft structures, the diversion of secondary sewage pipes connecting into the main sewer at intermediate locations and works to stop up the existing sewer between the junction of Burrage Road with Vincent Road and the junction of Burrage Road with Spray Street.
	Work No. 19B	A sewer (8 metres in length) being a diversion of part of the existing sewer which passes below Burrage Road, commencing at a point under Burrage Road 3 metres south of its intersection with Arthur Grove passing northwards below Burrage Road and Arthur Grove and terminating at an intersection with Work No. 19A at a point 5 metres east of the junction between Burrage Road and Arthur Grove, including the construction of vertical access shaft structures, and the diversion of secondary sewage pipes connecting into the main sewer at intermediate locations.
	Works No. 20	A sewer (151 metres in length), being a diversion of the existing sewer which passes below Woolwich New Road and Beresford Square Market Place, commencing underground at a point 40 metres north-east of the junction between Woolwich New Road, General Gordon Place and Vincent Road, passing south-eastwards below Woolwich New Road to the south east side of the existing Woolwich New Road then passing north-eastwards below Work No. 1 to a point 15 metres south of the junction between Woolwich New Road and Spray Street, then passing north-westwards below Woolwich New Road and Beresford Square Market Place to a point 62 metres north-east of the junction between Greens End and Powis Street, then turning north-eastwards to terminate underground at a junction with the existing Thames Water Southern Outfall Sewer No. 1, 71 metres north-east of the junction between Greens End and Powis Street, including the construction of vertical access shaft structures, the diversion of secondary sewage pipes connecting into the main sewer at intermediate locations, and works to temporarily line and then stop up the existing sewer between a point 40 metres north of the junction between Woolwich New Road, General Gordon Place and Vincent Road and its junction with the Southern Outfall Sewer No. 1 at a point 73 metres north-east of the junction between Greens End and Powis Street.

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
Woolwich Arsenal	108	Replacement open space
Woolwich Arsenal	115, 117, 118, 124, and 125	Access to intervention shaft
CD	Cycleway diversion
---	---
FD	Footpath diversion
KM	Kerb line modification
SS	Stopping up of street

SCHEDULE 3 — STREETS SUBJECT TO ALTERATION OF LAYOUT

(1)	(2)	(3)
Area	Street Subject to alteration of layout	Description of alteration
London Borough of Greenwich	Marlborough Road	Alteration of kerb line to accommodate new junction between KM1, KM2, KM3 and KM4
	Cadogan Road	Alteration of kerb line to accommodate new junction between KM5 and KM6
	Parry Place	Alteration of kerb line to accommodate widening of road and a new junction between KM7 and KM8
	Parry Place	Alteration of kerb line to accommodate new junction between KM9 and KM10
	Taylor’s Buildings	Alteration of kerb line to accommodate new junction between KM11 and KM12
	Taylor’s Buildings	Alteration of kerb line to accommodate widening of road and a new junction between KM13 and KM14
	Taylor’s Buildings	Alteration of kerb line to accommodate widening of road between KM18 and KM13
	Junction of Spray Street and Woolwich New Road	Alteration of kerb line to accommodate new junction between KM15 and KM16
	Junction of Spray Street and Woolwich New Road	Alteration of kerb line to accommodate new junction between KM17 and KM18

SCHEDULE 4 — STREETS TO BE PERMANENTLY STOPPED UP

PART 1 — Streets for which a substitute is to be provided

(1)	(2)	(3)	(4)
Area	Street affected	Extent of stopping up	New street to be substituted
London Borough of Newham	Extension of Hartmann Road	Between points SS1 and SS2	Work No. 2
London Borough of Greenwich	Riverside footpath	Between points FD1 and FD2	Work No. 7
	Riverside cycleway	Between points CD1 and CD2	Work No. 8
	Marlborough Road	Between points SS3 and SS4	Work No. 9
	Woolwich New Road	Between points SS9 and SS10	Work No. 17

PART 2 — Streets for which no substitute will be provided

(1)	(2)	(3)
Area	Street to be stopped up	Extent of stopping up
London Borough of Greenwich	Parry Place	Southern end between points SS5 and SS6
	Taylor’s Buildings	Southern end between points SS7 and SS8

SCHEDULE 5 — STREETS TO BE TEMPORARILY STOPPED UP

(1)	(2)
Area	Street to be temporarily stopped up
London Borough of Newham	Extension of Hartmann Road
London Borough of Greenwich	Riverside footpath
	Riverside cycleway
	Marlborough Road
	Cadogan Road
	Wellington Avenue
	Tom Cribb Road
	Plumstead Road
	Informal paths over the land numbered 130, 131, 132, 133 and 134 on the deposited plans
	Invermore Place
	Maxey Road
	Burrage Grove
	Burrage Road
	Arthur Grove
	Vincent Road
	Spray Street
	Parry Place
	Taylor’s Buildings
	Woolwich New Road
	General Gordon Place
	Greens End
	Beresford Square Market Place
	Powis Street
	Network Rail car park

SCHEDULE 6 — LAND NOT SUBJECT TO SAFEGUARDING WORKS POWER

(1)	(2)
Area	Number of land shown on deposited plans
London Borough of Newham	23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 and 90
London Borough of Greenwich	91, 106, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179,
	180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 and 305

SCHEDULE 7 — LAND NOT SUBJECT TO SURVEY AND INVESTIGATION POWER

(1)	(2)
Area	Number of land shown on deposited plans
London Borough of Newham	23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 and 90
London Borough of Greenwich	91, 113, 114, 127, 128, 129, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 159, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221 and 222

SCHEDULE 8 — 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, the Land Compensation Act 1973 shall have effect subject to the modifications set out in sub-paragraphs (2) and (3).

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

• (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—

• (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 reference 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), 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 (Woolwich Arsenal Extension) Order 2004 (“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 9 — ACQUISITION OF SUBSOIL AND NEW RIGHTS ONLY

PART 1 — Land in which only subsoil or new rights in subsoil may be acquired

(1)	(2)
Area	Number of land shown on deposited plans
London Borough of Newham	23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 and 90
London Borough of Greenwich	91, 92, 94, 104, 105, 109, 110, 111, 112, 113, 114, 121, 122, 126, 127, 128, 129, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 242 and 244

PART 2 — Land in which only new rights may be acquired

(1)	(2)
Area	Number of land shown on deposited plans
London Borough of Newham	3
London Borough of Greenwich	94, 109, 110, 115, 117, 118, 122, 124, 125, 234, 255b, 255d, 259, 276, 278, 289, 290, 297, 298 and 303

SCHEDULE 10 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)	(2)	(3)	(4)
Area	Number of land shown on the deposited plans	Purpose for which temporary possession may be taken	Authorised work
King George V Dock	2, 12, 13, 14, 20	Work sites, dock for spoil removal	Works Nos. 1, 2, 3 and 4
Within and adjacent to the River Thames	93, 106, 107	Work site and river access	Works Nos. 5, 6, 7, 8 and 9
Land adjacent to Wellington Avenue, Woolwich Arsenal	116, 119, 120, 123	Work site	Work No. 1
Land adjacent to Plumstead Road	130, 131, 132, 159, 160	Work site for settlement mitigation works and for temporary replacement car parking	Work No. 1
Railway track and adjacent land	206	Site of a temporary railway platform and access ramp	Works Nos. 10 and 12
Car Park to Greenwich Community College	233	Work site for settlement mitigation works and for temporary replacement car parking	Work No. 1
Part of Woolwich New Road	274	Traffic management for road re-alignment	Works Nos. 17 and 18
Land adjacent to Beresford Street	305	Work site for sewer diversion works	Work No. 20

SCHEDULE 11 — LAND OF WHICH TEMPORARY POSSESSION MAY NOT BE TAKEN

(1)	(2)
Area	Number of land shown on deposited plans
London Borough of Newham	23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 and 90
London Borough of Greenwich	91, 111, 112, 113, 114, 126, 127, 128, 129, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 237, 242, 244, 276, 278, 289, 290, 297 and 298

SCHEDULE 12 — 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 274 of 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), references to the appropriate Minister are references to the Secretary of State.

• (3) Where any apparatus of public utility undertakers or of a public communications provider 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), 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) 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), as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 or Part III of the 1991 Act applies.

• (6) In this paragraph—

• “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003 ; and

• “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) 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)—

• (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) shall be reduced by the amount of that excess.

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

• (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) (and having regard, where relevant, to sub-paragraph (5)) 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 statutory 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 30 June, 1992, as revised and re-issued from time to time.

• (8) Sub-paragraphs (4) to (7) 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 communications provider 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;

• “public communications provider” has the same meaning as in paragraph 1(6);

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

• “statutory utility” means a statutory undertaker for the purposes of the Highways Act 1980 or a public communications provider as defined in paragraph 1(6).

SCHEDULE 13 — FOR PROTECTION OF RAILWAY INTERESTS

1

The following provisions of this Schedule shall have effect, unless otherwise agreed in writing between DLRL and Network Rail and, in the case of paragraph 15, any other person on whom rights or obligations are conferred by that paragraph.

2

In this Schedule—

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

• “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

• “EWS” mean English Welsh & Scottish Railway Limited and includes its successors from time to time;

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail (then called Railtrack PLC) by the Secretary of State in exercise of his powers under section 8 of the Railways Act 1993³⁷;

• “Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited 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 1985³⁸ the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

• “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

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

• “RES” means Rail Express Systems Limited and includes its successors from time to time;

• “South Eastern Trains” means South Eastern Trains Limited or (where the context permits) its successors as station facility owner (as defined in the Railways Act 1993) in relation to Network Rail’s existing station known as Woolwich Arsenal; 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.

3

• (1) Where under this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures.

• (2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail, EWS, RES and South Eastern Trains shall—

• (a) co-operate with DLRL with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

• (b) use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised works pursuant to this Order.

4

• (1) DLRL shall not exercise the powers conferred by article 21 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 Network Rail.

• (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 Network Rail.

• (3) DLRL shall not exercise the powers conferred by section 271 or 272 of the 1990 Act, as applied by Schedule 12 to this Order, in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

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

• (5) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent shall not be unreasonably withheld but may be given subject to reasonable conditions.

5

• (1) DLRL shall before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work shall not be constructed except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration.

• (2) The approval of the engineer under sub-paragraph (1) 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 Network Rail 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 Network Rail, Network Rail gives notice to DLRL that Network Rail 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 Network Rail then, if DLRL desires such part of the specified work to be constructed, Network Rail 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 Network Rail not constructing or completing any part of a specified work pursuant to sub-paragraph (3) 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, Network Rail 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 Network Rail 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 Network Rail or by DLRL, if Network Rail 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.

6

• (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 5;

• (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 and consistent with the efficient and economic construction and operation of the specified work, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail 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 Network Rail all reasonable expenses to which Network Rail 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 Schedule shall impose any liability on DLRL with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents.

7

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.

8

Network Rail shall at all times afford reasonable facilities to DLRL and its agents for access to any works carried out by Network Rail 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.

9

• (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 Network Rail gives to DLRL reasonable notice of its intention specifying the alterations or additions to be carried out, DLRL shall pay to Network Rail 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 Network Rail 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 10(a), 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 Network Rail under this paragraph.

10

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

• (a) in constructing any part of a specified work on behalf of DLRL as provided by paragraph 5(3) or in constructing any protective works under the provisions of paragraph 5(5) 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.

11

• (1) In this paragraph—

• “EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail’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 Network Rail’s apparatus; and

• “Network Rail’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 Network Rail 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 Network Rail’s apparatus carried out after approval of plans under paragraph 5(1) 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), DLRL shall in the design and construction of the authorised works take all measures necessary to prevent EMI and shall establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

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

• (a) DLRL shall consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter shall continue to consult with Network Rail (both before and after formal submission of plans under paragraph 5(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

• (b) Network Rail shall make available to DLRL all information in Network Rail’s possession reasonably requested by DLRL in respect of Network Rail’s apparatus identified pursuant to sub-paragraph (a); and

• (c) Network Rail shall allow DLRL reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph (a).

• (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail shall not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution shall be selected in Network Rail’s reasonable discretion, and in relation to such modifications paragraph 5(1) 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), the testing or commissioning of the authorised works causes EMI then DLRL shall immediately upon receipt of notification by Network Rail 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)) to Network Rail’s apparatus.

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

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

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

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

• (8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraph (5) or (6)—

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

• (b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs shall be carried out and completed by DLRL in accordance with paragraph 6.

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 15(1) shall apply to the costs and expenses reasonably incurred or losses suffered by Network Rail 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 Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

• (10) For the purpose of paragraph 10(a) any modifications to Network Rail’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 55 to the Institution of Civil Engineers shall be read as a reference to the Institution of Electrical Engineers.

12

If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail 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.

13

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 Network Rail unless it shall have first consulted Network Rail and it shall comply with Network Rail’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.

14

Any additional expenses which Network Rail 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 Network Rail.

15

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

• (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 Network Rail 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 Network Rail 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 Network Rail 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) Network Rail 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) shall include a sum equivalent to the relevant costs.

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

• (5) The obligation under sub-paragraph (3) to pay Network Rail 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).

• (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 Network Rail’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); 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 ....

16

Network Rail shall, on receipt of a request from DLRL, from time to time provide DLRL free of charge with written estimates of the costs, charges, expenses and other liabilities for which DLRL is or will become liable under this Schedule (including the amount of the relevant costs mentioned in paragraph 15) and with such information as may reasonably enable DLRL to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Schedule (including any claim relating to those relevant costs).

17

In the assessment of any sums payable to Network Rail 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 Network Rail 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.

18

DLRL and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, 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 Network Rail relating to any railway property.

SCHEDULE 14 — FOR PROTECTION OF THE LONDON BOROUGHS OF NEWHAMAND GREENWICH

1

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

• (2) In this Schedule—

• “the appropriate Council” means—the Council of the London Borough of Newham, in relation to any authorised work constructed in the area of that council; orthe Council of the London Borough of Greenwich, in relation to any authorised work constructed in the area of that council;

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

• “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 appropriate 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

• (b) the land within the Order limits to be occupied and used by DLRL as temporary working sites for the purpose of such construction, the period for which and the manner in which each site shall be used and the steps to be taken by DLRL in order to mitigate any injury to amenity.

3

DLRL shall consult the appropriate Council as to—

• (a) the routes in the appropriate Council’s area proposed to be used by vehicles, machinery and plant, passing to or from any works under construction; and