The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004

• (b) the proposed manner and method of disposing of any soil or waste material resulting from the carrying out of any operation in connection with the authorised works;

and such soil or waste material shall not be disposed of by DLRL in the appropriate Council’s area in any manner as shall be objected to in writing by the appropriate Council.

4

Before commencing to construct any authorised work which will involve highway operations, DLRL shall consult the appropriate Council as to the time when that work will be commenced, as to the extent of the surface of the highway which it may be reasonably necessary for DLRL to occupy in the construction of that work, and as to the conditions under which that work shall be constructed so as not to cause so far as possible inconvenience to the public and to ensure the safety of the public.

5

Any such highway shall be reinstated by DLRL in a manner reasonably approved by the appropriate Council and to its reasonable satisfaction.

6

DLRL shall not, except with the consent of the appropriate Council, deposit any soil, subsoil or materials or stand any vehicle or plant on any highway (except on so much thereof as is for the time being temporarily stopped up or occupied under the powers of this Order) so as to obstruct the use of such highway by any person or, except with the like consent, deposit any soil, subsoil or materials on any highway except within a hoarding.

7

Except in an emergency or where reasonably necessary to secure the safety of the public no direction or instruction shall be given by the appropriate Council to the contractors, servants or agents of DLRL regarding any highway operations without the prior consent in writing of DLRL; but the appropriate Council shall not be liable for any additional costs which may be incurred as a result of the giving of instructions or directions pursuant to this paragraph.

8

DLRL shall, if reasonably so required by the appropriate Council, provide and maintain during such time as DLRL may occupy any part of a highway for the purpose of the construction of any part of the authorised works, temporary ramps for vehicular traffic or pedestrian traffic, or both, and any other traffic measures required to protect the safety of road users in accordance with the standard recommended in Chapter 8 of the Traffic Signs Manual issued for the purposes of the Traffic Signs Regulations and General Directions 1994 in such position as may be necessary to prevent undue interference with the flow of traffic in any highway.

9

DLRL shall indemnify the appropriate Council against any claim which may arise as a result of any subsidence of, or damage to, any highway or any retained sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or apparatus connected therewith or any other property or work belonging to, or under the jurisdiction or control of, the appropriate Council on or under any highway, or maintainable by them, which may be caused by, or in consequence of, any act or default of DLRL, its contractors, servants or agents but the appropriate Council shall give to DLRL reasonable notice of any such claim and no settlement or compromise of it shall be made without DLRL’s prior consent.

10

Wherever in this Schedule provision is made with respect to the approval or consent of the appropriate Council, that approval or consent shall be in writing and may be given subject to such reasonable terms and conditions as the appropriate Council may require in the interests of safety and in order to minimise inconvenience to persons using the highway, but shall not be unreasonably withheld.

11

Unless otherwise agreed between the parties any difference arising between DLRL and the appropriate Council under this Schedule (other than a difference as to its meaning or construction) shall be determined by arbitration in accordance with article 55.

SCHEDULE 15 — FOR PROTECTION OF THE ENVIRONMENT AGENCY

1

For the protection of the Environment Agency (in this Schedule referred to as “the Agency”) the provisions of this Schedule shall, unless otherwise agreed in writing between DLRL and the Agency, have effect.

2

In this Schedule—

• “construction” includes execution, placing, altering, replacing, relaying and, in relation to temporary works, removal; and “construct” and “constructed” shall be construed accordingly;

• “damage” includes scouring, erosion and environmental damage and “damaged” shall be construed accordingly;

• “drainage work” means any watercourse and includes any land used for providing flood storage capacity for any watercourse, and land shown on indicative floodplain maps published by the Agency from time to time as being available to provide flood storage capacity for any watercourse, and any bank, wall, embankment or other structure or appliance constructed or used for land drainage, flood defence or tidal monitoring;

• “the fishery” means any waters containing fish and fish in, or migrating to or from, such waters and the spawn, habitat or food of such fish;

• “plans” includes sections, drawings, specifications and method statements;

• “specified work” means so much of any work or operation authorised by this Order (other than works required in an emergency) as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to—affect any drainage work or the volumetric flow of water in or flowing to or from any drainage work;affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;cause obstruction to the free passage of fish or damage to any fishery; oraffect the conservation, distribution or use of water resources;

• “the Thames inlet” means the inlet of the River Thames within the land numbered 92 and 107 on the deposited plans; and

• “watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers (other than public sewers within the meaning of the Water Industry Act 1991) and passages through which water flows (whether or not the flow is intermittent).

3

• (1) Before beginning to construct any specified work and again at the written request of the Agency following its completion, DLRL shall at its own expense and to the reasonable satisfaction of the Agency, conduct a survey of the condition of the river wall on each side of the River Thames so far as situated within 30 metres in each direction of the outermost extremity of that work or, in the case of Work No. 5, within 75 metres in each direction of the outermost extremity of that work and submit a report on their condition to the Agency.

• (2) DLRL’s obligations under sub-paragraph (1) in relation to the north side of the River Thames shall be subject to DLRL obtaining all necessary consents and permissions to carry out the surveys, which it shall use all reasonable endeavours to obtain.

• (3) If any defects are identified in the initial survey conducted pursuant to sub-paragraph (1), being defects which may be affected by the construction of the specified works, DLRL shall monitor the defects not less than once every four weeks, where tides permit, during the construction of the specified works in accordance with such reasonable requirements as the Agency may specify or, if the Agency reasonably requires having regard to the results of any such monitoring, at such lesser intervals as the Agency may specify.

• (4) In addition to the survey and monitoring work carried out under sub-paragraphs (1) and (3), DLRL shall install and maintain monitoring equipment and carry out monitoring of drainage work structures to the reasonable satisfaction of the Agency for movement, including settlement, in all areas likely to be affected by any specified work. DLRL shall continue monitoring until such time as the Agency gives its written consent that the monitoring may cease, such consent not to be unreasonably withheld. For the purpose of monitoring settlement, DLRL shall establish survey pins in drainage work structures whose structural integrity may be at risk due to settlement from the construction of Work No. 1 or 5.

• (5) DLRL shall immediately notify the Agency should the results of the monitoring indicate any of the following—

• (a) settlement of 5 mm or more between consecutive readings;

• (b) angular distortion in excess of 1/2,500;

• (c) total settlement of any part of a drainage work in excess of 20 mm; or

• (d) movement of defects in a drainage work such that damage greater than Degree 2 as specified in the Building Research Establishment Report No. CP 51/78 can be expected.

• (6) Before beginning to construct any specified work above the surface of the bed of the River Thames and thereafter at two weekly intervals until its completion, or at such greater intervals as the Agency may agree (such agreement not to be unreasonably withheld) for the period following the completion of its foundation works, DLRL shall at its own expense and to the reasonable satisfaction of the Agency survey the levels of the foreshore within the Thames inlet and within 50 metres to the west and east of the Thames inlet at points agreed by the Agency, such agreement not to be unreasonably withheld, and submit a report on those levels to the Agency.

• (7) If, during the construction of any specified work, any defects in the river wall deteriorate DLRL shall immediately cease the construction of those of the authorised works causing, or likely to be causing that deterioration, unless to do so could cause the defects to deteriorate further, and not re-commence the construction otherwise than in accordance with such reasonable requirements as shall be specified by the Agency as soon as reasonably practicable after it has been notified of the deterioration, which may include changes to working methods and the completion of mitigation works.

• (8) The Agency will supply to DLRL within 28 days of any request (whenever made) copies of all plans, drawings, records and calculations relating to the manner of construction and condition of the river walls on each side of the River Thames that the Agency has in its possession or under its control.

• (9) In exercising the powers of articles 15 and 30 in relation to the River Thames DLRL will not moor against the river wall on the south side of the River Thames, or on the foreshore adjacent to that wall more than two barges at any one time without the Agency’s consent.

4

• (1) Before beginning to construct any specified work, DLRL shall submit to the Agency plans of the work and such further particulars available to it as the Agency may reasonably require.

• (2) Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency, or settled in accordance with paragraph 12 and, where applicable, in accordance with any requirements specified under paragraph 3(7).

• (3) Any approval of the Agency required under this paragraph—

• (a) shall not be unreasonably withheld;

• (b) shall be deemed to have been given if it is neither given nor refused within 2 months of the submission of plans for approval in writing and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

• (c) may be given subject to such reasonable requirements as the Agency may impose for the protection of any drainage work or the fishery or water resources, for the prevention of flooding or water pollution and in the discharge of its environmental and recreational duties.

• (4) No part of Work No 5. may be constructed above the surface of the bed of the River Thames without the Agency’s consent.

5

Without prejudice to the generality of paragraph 4, the requirements which the Agency may impose under that paragraph include conditions requiring DLRL at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary to safeguard any drainage work against damage or to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased by reason of any specified work.

6

• (1) Any specified work, and all protective works required by the Agency under paragraph 4, shall be constructed to the reasonable satisfaction of the Agency and the Agency shall be entitled by its officer to watch and inspect the construction of such works.

• (2) DLRL shall give to the Agency not less than 14 days' notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.

• (3) If any part of the works comprising a structure in, over, under or within 16 metres of a drainage work is constructed otherwise than in accordance with the requirements of this Schedule, the Agency may by notice in writing require DLRL, at DLRL’s own expense, to comply with the requirements of this Schedule or (if DLRL so elects and the Agency in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

• (4) Subject to sub-paragraph (5), if within a reasonable period, being not less than 28 days from the date when notice under sub-paragraph (3) is served upon DLRL, it has failed to begin taking steps to comply with the requirements of the notice and thereafter to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from DLRL.

• (5) In the event of any dispute as to whether sub-paragraph (3) is applicable to any work in respect of which a notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency shall not except in an emergency exercise the powers conferred by sub-paragraph (4) until the dispute has been determined.

7

• (1) If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that work is otherwise damaged, such impairment or damage shall be made good by DLRL to the reasonable satisfaction of the Agency and, if DLRL fails to do so, the Agency may make good the same and recover from DLRL the expense reasonably incurred by it in so doing.

• (2) Subject to the provisions of this Schedule and except to the extent that the Agency or any other person is liable to maintain any drainage work and is not precluded by the exercise of the powers of this Order from doing so, DLRL shall from the commencement of the construction of the specified works until their completion maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation or on land held by DLRL for the purposes of or in connection with the specified works, whether or not the drainage work is to be constructed under the powers of this Order or is already in existence.

• (3) In so far as any drainage work mentioned in sub-paragraph (2) has been the subject of a survey conducted under paragraph 3(1) then it shall be maintained pursuant to sub-paragraph (2) to the same standard of repair and condition as that survey showed it to be in before commencement of the specified work concerned.

• (4) If any such work which DLRL is liable to maintain pursuant to sub-paragraph (2) is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require DLRL to repair and restore the work, or any part thereof, or (if DLRL so elects and the Agency consents in writing, such consent not to be unreasonably withheld), to remove the work and restore the site (including any sea defences) to its former condition, to such extent and within such limits as the Agency reasonably requires.

• (5) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any work is served on DLRL under sub-paragraph (4), DLRL has failed to begin to take steps to comply with the reasonable requirements of the notice or has not thereafter made reasonably expeditious progress towards repairing and restoring the work or removing the work and restoring the site, as the case may be, the Agency may do anything reasonably necessary to ensure compliance with the notice and may recover from DLRL any expenditure reasonably incurred by it in so doing.

• (6) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (4) the Agency shall not, except in a case of an emergency, exercise the powers of sub-paragraph (5) until the dispute has been determined.

• (7) If any maintenance of a drainage work carried out by DLRL pursuant to sub-paragraph (2) is not required as a result of, or is not attributable to the construction of the specified works, then DLRL may recover the expenditure reasonably incurred by it in maintaining the drainage work from the person who is ordinarily liable to maintain that work.

• (8) In the event that the Agency recovers from DLRL any expenditure for work carried out by it under sub-paragraph (5) in respect of maintenance that is not required as a result of, or is not attributable to the construction of the specified works, then DLRL may in turn recover from the person who is ordinarily liable to maintain the drainage work so much of that expenditure as that person would ordinarily have incurred in maintaining the work.

8

• (1) Without prejudice to the other provisions of this Schedule, DLRL shall take all such measures as may be reasonably practicable to prevent any interruption to the free passage of fish in the fishery during the construction of any specified work.

• (2) If by reason of—

• (a) the construction of any specified work; or

• (b) the failure of any such work,

damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on DLRL requiring it to take such steps as may be reasonably practicable to make good the damage or, as the case may be, to protect the fishery against such damage.

• (3) If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to the fishery, DLRL fails to take such steps as are described in sub-paragraph (2), the Agency may take those steps and may recover from DLRL the expense reasonably incurred by it in doing so.

• (4) In any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from DLRL the reasonable cost of so doing provided that a notice specifying those steps is served on DLRL as soon as is reasonably practicable after the Agency has taken, or begun to take, the steps specified in the notice.

9

DLRL shall indemnify the Agency in respect of all costs, charges and expenses which the Agency may reasonably incur or have to pay or which it may sustain—

• (a) in the examination or approval of plans and reports under this Schedule; and

• (b) in the inspection of the construction of the specified works or any protective works required by the Agency under this Schedule.

10

• (1) Without prejudice to the other provisions of this Schedule, DLRL shall indemnify the Agency from all claims, demands, proceedings, costs, damages or expenses or loss which may be made or taken against, or recovered from or incurred by, the Agency by reason of—

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

• (b) any damage to the fishery;

• (c) any raising or lowering of the water table in land adjoining the works or any sewers, drains and watercourses;

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

• (e) inadequate water quality in any watercourse or other surface waters or in groundwater;

which is caused by the construction of any of the works or any act or omission of DLRL, its contractors, agents, or employees whilst engaged upon any such work.

• (2) The Agency shall give DLRL reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the agreement of DLRL, which agreement shall not be unreasonably withheld.

11

• (1) The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award by an arbitrator, shall not relieve DLRL from any liability under the provisions of this Schedule.

• (2) Sub-paragraph (1) shall not apply to the extent that such liability arises from a failure by the Agency properly to perform its functions.

12

• (1) Unless the parties agree to arbitration under article 55, any difference arising between DLRL and the Agency under paragraph 4 shall be settled by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly on a reference to them by DLRL or the Agency after notice by one to the other.

• (2) Where a reference is made under sub-paragraph (1), DLRL and the Agency shall pay such of the reasonable costs of the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport incurred in the determination of that reference as the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport jointly shall direct.

• (3) Subject to sub-paragraph (1), any difference arising between DLRL and the Agency under this Schedule (other than a difference as to its meaning or construction) shall be resolved by an arbitrator under article 55.

SCHEDULE 16 — FOR PROTECTION OF SPECIFIED UNDERTAKERS

Interpretation

1

In this Schedule—

• “apparatus” means—in the case of a specified undertaker which is an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989 ) belonging to, or maintained by, that undertaker;in the case of a specified undertaker which is a gas undertaker, mains, pipes or other apparatus belonging to, or maintained by, a public gas transporter for the purposes of the transportation and storage of gas;in the case of a specified undertaker which is a water undertaker, mains, pipes or other apparatus belonging to, or maintained by, the undertaker for the purposes of water supply; andin the case of a specified undertaker which is a sewerage undertaker,any drain or works vested in the undertaker under the Water Industry Act 1991 ; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104;and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,

• and includes any structure for the lodging therein of apparatus or for giving access to such apparatus;

• “construction” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;

• “emergency works” has the same meaning as in section 52 of the 1991 Act;

• “in”, in a context referring to apparatus in land, includes under, over, across, along or upon land;

• “necessary alternative apparatus” means alternative apparatus adequate to enable a specified undertaker to fulfil its statutory or licensed functions in a manner no less efficient than previously;

• “plans” includes sections, specifications and method statements;

• “specified work” means any of the authorised works which—will or may be situated over, or within 15 metres measured in any direction of, or may in any way adversely affect, any apparatus; orwherever situated, imposes any load upon any sewer;the removal of which has not been required under paragraph 8; and

• “specified undertaker” means—London Electricity Group plc (company registration number 2366852), whose registered office is Templar House, 81-87 High Holborn, London WC1V 6NU;S + S Limited (company registration number SC 214382), whose registered office is Inveralmond House, 200 Dunkeld Road, Perth PH1 3AQ; andTransco plc, whose registered office is 1-3 Strand, London WC2N 5EH,or any person succeeding any such company as a licence holder within the meaning of Part I of the Electricity Act 1989, a public gas transporter within the meaning of Part I of the Gas Act 1986 , a water undertaker within the meaning of the Water Industry Act 1991 or as a sewerage undertaker within the meaning of Part I of that Act, and “the specified undertaker” in relation to any apparatus means the specified undertaker to whom the apparatus belongs or by whom it is maintained.

Application of Schedule 12

2

Paragraphs 1(1) and 2 of Schedule 12 to this Order shall not apply in relation to a specified undertaker and paragraphs 1(3) and 1(4) of that Schedule shall have effect as if they referred to apparatus removed under this Schedule.

Apparatus in stopped up streets

3

Where any street is stopped up under article 10 of this Order, any specified undertaker whose apparatus is in the street shall have the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up, but nothing in this paragraph shall affect any right of DLRL or of the specified undertaker to require the removal of that apparatus under paragraph 8 or the power of DLRL to carry out works under paragraphs 20 to 29.

4

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 specified undertaker whose apparatus is in that street.

On-street apparatus

5

This Schedule shall not apply to anything done or proposed to be done in relation to or affecting any apparatus in so far as the relations between DLRL and the specified undertaker are regulated by the provisions of Part III of the 1991 Act.

Acquisition of land

6

DLRL shall not acquire any apparatus from a specified undertaker pursuant to this Order otherwise than by agreement.

7

DLRL may in exercise of the powers of this Order acquire or appropriate any land in which any apparatus is placed and, following the removal of such apparatus in accordance with the provisions of this Schedule, any rights in that land relating to that apparatus shall be extinguished but no apparatus shall be removed nor shall any right of the specified undertaker to use, maintain or renew any apparatus be extinguished until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the specified undertaker.

Removal of apparatus

8

Paragraphs 9 to 12 apply where—

• (a) DLRL requires the removal of any apparatus for the purpose of constructing any of the authorised works and gives to the specified undertaker not less than 56 days' written notice of that requirement together with a plan of the proposed work and of the proposed position of the alternative apparatus to be provided or constructed; or

• (b) in consequence of the exercise or proposed exercise of any of the powers of this Order, the specified undertaker reasonably requires to remove any apparatus.

9

DLRL shall, if it is practicable to do so, afford to the specified undertaker the necessary rights and facilities for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by DLRL for the purpose of its undertaking or in which it has sufficient rights or interests and thereafter for the use, maintenance and renewal of such apparatus and, if DLRL is unable to obtain those rights and facilities, the specified undertaker shall, on receipt of a written notice to that effect from DLRL, use its best endeavours to obtain the necessary rights and facilities.

10

The obligation imposed upon the specified undertaker by paragraph 9 shall not extend to the exercise by the specified undertaker of any power to acquire any land or rights in land by compulsory purchase order.

11

Any alternative apparatus to be constructed by the specified undertaker pursuant to paragraph 9 shall be constructed in such manner, and in such line or situation, as may be agreed between the specified undertaker and DLRL or, in default of agreement, determined by arbitration.

12

The specified undertaker shall, after the manner of construction and the line or situation of any necessary alternative apparatus have been agreed or determined and after the grant to or obtaining by the specified undertaker of any such facilities and rights as are referred to in paragraph 9, proceed with all reasonable despatch to construct and bring into operation the alternative apparatus and thereafter to remove any apparatus required by DLRL to be removed in accordance with paragraph 8.

Removal of apparatus and construction of alternative apparatus by DLRL

13

Paragraphs 14 to 16 apply to so much of the work necessary in connection with the construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land held or used, or intended for use, by DLRL for the purpose of its undertaking.

14

If DLRL gives notice in writing to the specified undertaker that it desires to carry out any part of any work to which this paragraph applies, such work, instead of being carried out by the specified undertaker, may be carried out by DLRL with the prior written consent of the specified undertaker (which shall not be unreasonably withheld and shall be subject to any such conditions as are reasonable and proper to protect the apparatus) in accordance with plans and in a position agreed between the specified undertaker and DLRL or, in default of agreement, determined by arbitration, with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the specified undertaker.

15

In carrying out any work under paragraph 14 DLRL shall comply with all statutory obligations which would have been applicable had the works been carried out by the specified undertaker.

16

Nothing in paragraph 14 shall authorise DLRL to carry out the actual placing, erection, installation, bedding, packing, removal, connection or disconnection of any apparatus or, where the apparatus is laid in a trench, execute any filling around the apparatus within 600 millimetres (measured in any direction) of the apparatus.

Facilities and rights for alternative apparatus

17

Where, in accordance with the provisions of this Schedule, DLRL affords to the specified undertaker facilities and rights for the construction, use, maintenance and renewal in land of DLRL of alternative apparatus in substitution for apparatus to be removed as aforesaid, those facilities and rights shall be granted upon such terms and conditions as may be agreed between DLRL and the specified undertaker or, in default of agreement, determined by arbitration.

18

In determining the terms and conditions mentioned in paragraph 17 in respect of alternative apparatus to be constructed across or along the authorised works the arbitrator shall—

• (a) give effect to all reasonable requirements of DLRL for ensuring the safety of the authorised works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any such works; and

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to any terms and conditions applicable to the apparatus (if any) constructed across or along the authorised works for which the alternative apparatus is to be substituted and to any other reasonable requirements of the specified undertaker.

19

If the facilities and rights to be afforded by DLRL in respect of any alternative apparatus under paragraph 17 and the terms and conditions subject to which the same are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the specified undertaker than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator shall make such provision for the payment of compensation to or by DLRL by or to the specified undertaker in respect thereof as shall appear to him to be reasonable having regard to all the circumstances of the case.

Retained apparatus: protection and plan approval

20

Not less than 56 days before commencing to construct or renew any specified work, DLRL shall submit to the specified undertaker plans of the works.

21

In relation to a work which is a specified work because of its proximity to or effect on a sewer, the plans to be submitted to the specified undertaker under paragraph 20 shall be detailed plans describing—

• (a) the exact position of the specified work;

• (b) the level at which it is proposed to be constructed or renewed;

• (c) the manner of its construction or renewal;

• (d) the position of all sewers within 15 metres of the specified work or upon which the specified work will impose a load; and

• (e) by way of detailed drawings, every alteration proposed to be made to any such sewer.

22

DLRL shall not commence the construction or renewal of any specified work to which paragraph 21 applies until the specified undertaker has given written approval of the plans so submitted.

23

Any approval of the specified undertaker required under paragraph 22—

• (a) may be given subject to reasonable conditions for any purpose mentioned in paragraph 24;

• (b) shall not be unreasonably withheld; and

• (c) shall be deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval.

24

In relation to a work to which paragraph 21 applies, the specified undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its sewerage system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any sewer.

25

A specified work shall be constructed (and in the case of any temporary work removed) only in accordance with—

• (a) the plans submitted as aforesaid (and, in the case of plans relating to sewers approved, deemed to have been approved or settled by arbitration, as amended from time to time by agreement between DLRL and the specified undertaker); and

• (b) all reasonable requirements made by the specified undertaker for the alteration, or otherwise for the protection, of the apparatus, or for securing access thereto;

and the specified undertaker shall be entitled by its officer to watch and inspect the carrying out of the work.

26

If within 42 days after the submission to it of any plans under paragraph 20, in consequence of the works proposed by DLRL the specified undertaker reasonably requires the removal of any apparatus and gives written notice to DLRL of that requirement, the foregoing provisions of this Schedule shall have effect as if the removal of such apparatus had been required by the specified undertaker under paragraph 8.

27

Nothing in paragraphs 20 or 26 shall preclude DLRL from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of any specified work, a new plan thereof in lieu of the plan previously submitted, and thereupon the provisions of those paragraphs shall apply to, and in respect of, such new plan save that the reference in paragraph 26 to 42 days shall be treated as a reference to 21 days.

28

DLRL shall not be required to comply with paragraph 20 in a case where it is necessary to carry out emergency works but, in such a case, it shall give to the specified undertaker notice so soon as reasonably practicable, and a plan of the works so soon as reasonably practicable thereafter, and shall comply with paragraph 25 so far as reasonably practicable in the circumstances.

29

Nothing in paragraph 28 shall entitle DLRL to carry out works to any apparatus but, upon receipt of notice from DLRL, the specified undertaker shall proceed to carry out such works as may be required with all reasonable despatch.

Co-operation

30

Where in consequence of the proposed construction of any of the authorised works, DLRL or a specified undertaker requires the removal of apparatus under paragraph 8 or a specified undertaker makes requirements for the protection or alteration of apparatus under paragraph 25, DLRL shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and each specified undertaker shall use its best endeavours to co-operate with DLRL for that purpose.

Access

31

If in consequence of the exercise of the powers of this Order the access to any apparatus is materially obstructed DLRL shall provide such alternative means of access to such apparatus as will enable the specified undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Expenses

32

Subject to the provisions of the following paragraphs of this Schedule, DLRL shall repay to the specified undertaker the reasonable expenses incurred by the specified undertaker in, or in connection with—

• (a) the inspection, removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Schedule (including any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or exercise of statutory powers for such apparatus);

• (b) the cutting off of any apparatus from any other apparatus, or the making safe of any redundant apparatus in consequence of the exercise by DLRL of any power under this Order;

• (c) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the exercise by DLRL of any power under this Order; and

• (d) any other work or thing rendered reasonably necessary in consequence of the exercise by DLRL of any such power;

within a reasonable time of being notified by the specified undertaker that it has incurred such expenses.

33

There shall be deducted from any sum payable under paragraph 32 the value of any apparatus removed under the provisions of this Schedule, that value being calculated after removal.

34

If in pursuance of the provisions of this Schedule—

• (a) alternative apparatus of better type, or 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 currently available type; or

• (b) apparatus (whether existing apparatus or alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated;

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 having regard, inter alia, to the nature of the authorised works, then, if such placing involves cost in the construction of the works under paragraphs 9 to 12 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 paragraph would be payable to the specified undertaker by virtue of paragraph 32 shall be reduced by the amount of that excess.

35

For the purposes of paragraph 34—

• (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 serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus; and

• (b) where the provision of a joint in a pipe or 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.

36

An amount which apart from this paragraph would be payable to the specified undertaker in respect of works by virtue of paragraphs 32 to 35 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 specified undertaker any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part 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.

37

In any case where work is carried out by DLRL pursuant to paragraphs 14 to 16 and, if such work had been carried out by the specified undertaker, the repayment made to the specified undertaker under paragraph 32 would fall to be reduced pursuant to paragraphs 34 to 36, the specified undertaker shall pay to DLRL such sum as represents the amount of that reduction.

Indemnity

38

If, by reason or in consequence of the construction, maintenance or failure of any of the authorised works, including any works carried out by DLRL pursuant to paragraph 14 or protective works required by a condition imposed under paragraph 23(a) or required under paragraph 25(b), or any subsidence resulting from any of those works, any damage shall be caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or other property of the specified undertaker, or there is any interruption in any service provided by the specified undertaker, DLRL shall repay the cost reasonably incurred by the specified undertaker in making good such damage, or restoring the supply, and shall—

• (a) make reasonable compensation to the specified undertaker for any loss sustained by it; and

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

by reason or in consequence of any such damage or interruption; and the fact that any act or thing may have been done by the specified undertaker on behalf of DLRL or in accordance with plans approved by the specified undertaker or in accordance with any requirement of the specified undertaker or under its supervision shall not, subject to paragraph 39, excuse DLRL from any liability under the provisions of this paragraph.

39

Nothing in paragraph 38 shall impose any liability on DLRL with respect to any damage or interruption to the extent that such damage or interruption is attributable to the neglect or default of the specified undertaker, its officers, servants, contractors or other agents.

40

The specified undertaker shall give to DLRL reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of DLRL which shall not be unreasonably withheld.

Exercise of safeguarding and survey powers

41

DLRL shall, so far as is reasonably practicable, so exercise the powers conferred by article 19 of this Order as not to obstruct or render less convenient the access to any apparatus.

42

DLRL shall not, in the exercise of the powers of section 11(3) of the 1965 Act, as applied by this Order, or of article 21 of this Order, make any trial holes which interfere with any apparatus without the consent of the specified undertaker (which shall not be unreasonably withheld).

Arbitration

43

Any difference arising between DLRL and a specified undertaker under this Schedule (other than a difference as to its meaning or construction) shall be determined by arbitration in the manner provided by article 55 of this Order and in determining any difference under this Schedule the arbitrator may, if he thinks fit, require DLRL to execute any temporary or other works so as to avoid, so far as may be reasonably possible, interference with the use of any apparatus.

Transfer of powers

44

DLRL shall give notice to every specified undertaker if any of the powers of DLRL under this Order are transferred to another person in accordance with article 48 of this Order and any such notice shall be given within 14 days of any such transfer becoming effective and shall describe or give (as appropriate)—

• (a) the nature of the functions to be transferred;

• (b) the extent of that transfer;

• (c) the geographical area to which the transfer relates;

• (d) the name and address of the transferee; and

• (e) the effective date of the transfer.

45

The obligation to give notice under paragraph 44 to a successor in title to a specified undertaker named in paragraph 1 shall only apply to the extent that DLRL has been informed by notice in writing by that named undertaker, or by a successor in title to that named undertaker, as the case may be, of the name and address of that successor in title.

Notices

46

Any notice in writing to be given by DLRL to a specified undertaker under this Schedule shall be deemed effectively given if sent by recorded delivery or by registered letter addressed to the registered office of that specified undertaker.

SCHEDULE 17 — FOR PROTECTION OF NAVIGATION INTERESTS

PART 1 — GENERAL

1

In this Part of this Schedule—

• “construction” includes execution, placing, alteration, replacement and reconstruction and “constructed”has a corresponding meaning; and

• “Trinity House” means the Corporation of Trinity House of Deptford Strond.

Lights, etc., during tidal works

2

• (1) DLRL shall—

• (a) during the whole time of the construction of a tidal work, exhibit every night from sunset to sunrise at or near the work any such lights, and

• (b) take such other steps for the prevention of danger to navigation from the construction of a tidal work,

as Trinity House may from time to time reasonably direct.

• (2) If DLRL fails to comply in any respect with a direction given under this paragraph it shall be guilty of an offence.

Damage, etc., to tidal works

3

• (1) In case of damage to or destruction or decay of a tidal work, or any part of a tidal work, during construction of the authorised works, DLRL shall as soon as reasonably practicable—

• (a) give notice to Trinity House, and

• (b) lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House may reasonably direct.

• (2) If DLRL fails to notify Trinity House as required by this paragraph or to comply in any respect with a direction given under this paragraph it shall be guilty of an offence.

Offences

4

• (1) Where DLRL is guilty of an offence under paragraphs 2 or 3 above it shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) In proceedings for any such offence it shall be a defence for DLRL to show that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

• (3) If in any case the defence provided by sub-paragraph (2) involves the allegation that the commission of the offence was due to the act or default of another person, DLRL shall not, without the leave of the court, be entitled to rely on the defence unless, not later than 7 days before the hearing of the proceedings, it has served on the prosecution a notice in writing giving such information as was then in its possession identifying or assisting in the identification of the other person.

Saving

5

Nothing in this Part of this Schedule shall prejudice or derogate from the powers, rights and privileges of Trinity House.

PART 2 — PROTECTION OF RoDMA AND THE PORT OF LONDON AUTHORITY

6

In this Part of this Schedule—

• “the appropriate authority” means—the Port of London Authority, in relation to any specified work constructed in, on, over or under so much of the River Thames as is within the limits of the Port of London (as defined in the Port of London Act 1968 ); orRoDMA, in relation to any tidal work constructed in, on, over or under King George V Dock;

• “construction” includes execution, placing, relaying, renewal and works of maintenance and, in its application to a specified work which includes or comprises any operation, means the carrying out of that operation and “construct” and “constructed” shall be construed accordingly;

• “plans” shall include plans, sections, elevations, drawings, specifications and programmes and construction methods including in the case of the Port of London Authority and where applicable, such relevant hydraulic information about the River Thames as may be reasonably requested by the Authority;

• “specified work” means so much of any authorised work as is in, on, over or under the River Thames or King George V Dock or involves cutting their banks and walls (including survey work under article 21) but does not include any work constructed or placed within the tunnels; and

• “working day” means any day from Monday to Friday which is not a public holiday.

7

The provisions of this Part of this Schedule shall, unless otherwise agreed in writing between DLRL and the appropriate authority (or, in the case of paragraphs 13, 14 and 15, the Port of London Authority), have effect for the protection of the appropriate authority and users of the River Thames and King George V Dock (and, in the case of paragraphs 13, 14 and 15, the Port of London Authority.

Works

8

• (1) DLRL shall not commence any specified work until it has supplied to the appropriate authority such proper and sufficient plans for the same and such further particulars as may be available to it as the appropriate authority shall reasonably require and those plans have been approved in writing by the appropriate authority (such approval not to be unreasonably withheld).

• (2) The appropriate authority shall notify DLRL within a period of 28 days starting with the date on which such plans of a specified work have been furnished to the appropriate authority, or such longer period as may be agreed in writing by the appropriate authority and DLRL, of its approval or disapproval of those plans.

• (3) Any approval of the appropriate authority required under this paragraph may be given subject to such reasonable modifications, terms and conditions as the appropriate authority may make for the protection of—

• (a) vessel movement on, or the flow or regime of, the River Thames or King George V Dock (as appropriate), or

• (b) the use of its land, or the River Thames or King George V Dock (as appropriate) for the purposes of performing its statutory functions,

including any relocation, or provision, of works, new works, moorings, apparatus and equipment necessitated by the specified work, or any other works authorised by this Order, or their construction.

• (4) If within a period of 28 days starting from the date on which it receives proper and sufficient plans of a specified work under sub-paragraph (1) the appropriate authority does not notify DLRL of its approval or disapproval of those plans, it shall be deemed to have disapproved of the said plans or such part of the plans as it has not approved.

• (5) Where DLRL is aggrieved by—

• (a) the disapproval of the appropriate authority of any plans submitted under sub-paragraph (1),

• (b) any term or condition upon which the appropriate authority propose to approve the plans, or

• (c) any modification by the appropriate authority of the plans,

it may within 28 days from the date upon which the appropriate authority is deemed to have notified its disapproval of the plans or the date upon which the appropriate authority notifies DLRL of its decision, as the case may be, appeal to the Secretary of State for Transport.

• (6) If an appeal to the Secretary of State is made, the following provisions shall apply—

• (a) the appeal shall be made by written notice stating the grounds of the appeal,

• (b) the appellant shall send a copy of the notice of appeal to the appropriate authority,

• (c) the appropriate authority may make written representations to the Secretary of State within 10 working days from receipt by it of the copy notice of appeal, and if it does so shall forthwith send a copy of its representations to the appellant,

• (d) the Secretary of State may confirm, vary or revoke a decision or requirement against which an appeal is made and may make any consequential amendments necessary, and

• (e) the Secretary of State may direct the appropriate authority or DLRL to give effect to the decision of the Secretary of State on the appeal and the appropriate authority or DLRL (as the case may be) shall forthwith comply with any direction given.

• (7) DLRL shall carry out all operations for the construction of any specified work with all reasonable dispatch and to the reasonable satisfaction of the appropriate authority so that vessel movement on, or the flow or regime of the River Thames or King George V Dock (as appropriate), and the exercise of the appropriate authority’s statutory functions, shall not suffer more interference than is reasonably practicable. The appropriate authority shall be entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey those operations and DLRL shall provide all reasonable facilities to enable such inspection and survey to take place.

• (8) If any specified work is constructed otherwise than in accordance with the requirements of this Part of this Schedule or with any term, modification or condition in an approval pursuant to sub-paragraph (3), the appropriate authority may by notice in writing require DLRL at DLRL’s own expense to comply with the requirements of this Part of this Schedule or that term, modification or condition. If DLRL does not do so or is unable to do so then the appropriate authority may in writing require DLRL to remove, alter or pull down the specified work and, where the specified work is removed, to restore the site of that work to its condition prior to the construction of the specified work, to such an extent and within such limits as the appropriate authority think proper.

• (9) DLRL shall, upon completion of the construction of any part of an authorised work, remove as soon as is practicable any tidal work and materials for such tidal work carried out or placed only for the purposes of that part of the authorised work, or that part of the authorised work and another part or parts which have already been completed, and shall make good the site to the reasonable satisfaction of the appropriate authority.

• (10) DLRL shall not—

• (a) deposit in or allow to fall or be washed into the River Thames or King George V Dock any gravel, soil or other material except so far as may be necessary or unavoidable in the construction of a specified work, or to the extent permitted by any approval of a specified work;

• (b) discharge or allow to escape either directly or indirectly into the River Thames or King George V Dock any offensive or injurious matter in suspension or otherwise; or

• (c) discharge into the River Thames or King George V Dock any water by any watercourse, public sewer or drain without the consent of the appropriate authority and such consent may be given subject to such terms and conditions as the appropriate authority may reasonably impose but shall not be unreasonably withheld.

• (11) If a specified work is abandoned or falls into decay, the appropriate authority may by notice in writing require DLRL either to repair or restore the specified work, or any part of it, or to remove the specified work and restore the site of that work to its condition prior to the construction of the specified work, to such an extent and to such limits as the appropriate authority think proper.

• (12) If a work consisting partly of a specified work and partly of works on or over land above the level of high water spring tides is abandoned or falls into decay and that part of the works on or over land above the level of high water springs is in such condition as to interfere or cause reasonable apprehension that it may interfere with the right of navigation on the River Thames or other public rights over the foreshore, the Port of London Authority may include that part of the works or any portion thereof in any notice under sub-paragraph (11).

• (13) If on the expiration of such reasonable period as may be specified in a notice under sub-paragraph (11) above the work specified therein has not been completed to the satisfaction of the appropriate authority, the appropriate authority may undertake that work and any expenditure reasonably incurred by them in so doing shall be recoverable from DLRL.

• (14) No part of Work No. 1 shall be constructed under the River Thames as cut and cover tunnel.

9

• (1) This paragraph applies in relation to any siltation or scouring of the River Thames which is wholly or partly caused by a specified work during the period beginning with the start of the carrying out or construction of that work and ending with the expiration of 10 years after the date on which it is completed.

• (2) If—

• (a) any part of the River Thames becomes subject to siltation or scouring;

• (b) such siltation and scouring is siltation and scouring to which this paragraph applies; and

• (c) for the safety of navigation or in the interest of persons using the River Thames or for the protection of works in the River Thames, such siltation and scouring should in the reasonable opinion of the appropriate authority be removed or made good,

DLRL shall pay to the appropriate authority (in the manner set out in sub-paragraph (4)) any additional expense to which the appropriate authority may reasonably be put in dredging the River Thames to remove the siltation or in making good the scouring, in so far as (in either case) it is attributable to the specified work.

• (3) DLRL shall pay to the appropriate authority the costs reasonably incurred by them which they would not otherwise have incurred in establishing whether siltation or scouring to which this paragraph applies has occurred.

• (4) DLRL shall, on application by the appropriate authority, make to them one or more interim payments on account of any sums required to be paid under sub-paragraph (2), being payments of such amounts and made at such times as are reasonable for meeting the current expenditure of the appropriate authority in removing the siltation or making good the scouring.

Facilities for navigation

10

• (1) DLRL shall mark and light a specified work in accordance with such reasonable directions as the appropriate authority shall give from time to time.

• (2) DLRL shall provide at any specified work, or shall afford reasonable facilities at such work (including an electricity supply), for the appropriate authority to provide at DLRL’s cost, from time to time, such navigational lights, signals, radar or other apparatus for the benefit, control and direction of navigation as the appropriate authority may deem necessary by reason of the construction and presence of the specified work and shall ensure access remains available to them during and following construction of the specified work.

General protection

11

• (1) Subject to article 4(8) and to sub-paragraph (2) the exercise in, under or over the River Thames and King George V Dock by DLRL of any of its functions under this Order shall be subject to any enactment relating to or made by the appropriate authority (including byelaws or directions of the appropriate authority and the exercise by the appropriate authority or its harbourmaster or manager of any powers and functions conferred on it or him by or under any enactment) but in carrying out its functions under any such enactment the appropriate authority shall at all times act reasonably having regard to the provisions and effect of this Order.

• (2) Notwithstanding any such enactment mentioned in sub-paragraph (1), the Port of London Authority will not do anything, or permit anything to be done, to or affecting the tunnels or any land vested in DLRL in connection with the tunnels, without the consent in writing of DLRL.

12

• (1) DLRL shall be responsible for and make good to the appropriate authority all costs, charges, damages and expenses which may reasonably be incurred by the appropriate authority—

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

• (b) by reason of any act or omission of DLRL or of any persons in its employ or of its contractors or agents or others whilst engaged upon the construction of a specified work or dealing with any failure of such work,

and DLRL shall indemnify the appropriate authority from and against all claims and demands arising out of or in connection with the specified work or any such failure, act or omission and the fact that any act or thing may have been done by the appropriate authority on behalf of DLRL or done by DLRL, any person in its employ or its contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the appropriate authority, or in a manner approved by the appropriate authority, or under its supervision or the supervision of its duly authorised representative shall not (if it was done or required without negligence on the part of the appropriate authority or its duly authorised representative, or any person in its employ or its contractors or agents) excuse DLRL from liability under the provisions of this indemnity.

• (2) The appropriate authority shall give DLRL reasonable notice of any such claim or demand as is referred to in sub-paragraph (1) and no settlement or compromise thereof shall be made without the prior consent of DLRL.

13

• (1) DLRL shall not in the exercise of the powers conferred by this Order prevent such access as may be reasonably required by the Port of London Authority for the purpose of maintaining the works under the entrance lock to King George V Dock specified as item 12 in Schedule 7 to the Port of London Act 1968 (“the relevant structures”).

• (2) The Port of London Authority agrees that except in an emergency it will not maintain those works during the period when DLRL may be using that lock in such a way as would render the lock inoperable or unusable.

• (3) Paragraph 12 shall extend to any costs, charges, damages and expenses reasonably incurred by, and any claim and demands made against, the Port of London Authority in respect of damage caused to the relevant structures by reason of the construction of a specified work or any such failure, act or omission as is referred to in that paragraph.

14

DLRL shall not exercise the powers of article 30(2) in relation to the land numbered 10 on the deposited plans except with the consent of the Port of London Authority, which shall not be unreasonably withheld but which may be given subject to reasonable conditions.

15

• (1) In constructing Works Nos 1 and 5 DLRL will use its reasonable endeavours to avoid disturbing any mooring or anchor inserted into the bed of the River Thames.

• (2) If such a mooring or anchor is located in a position that physically obstructs the construction of Work No. 1 or 5, DLRL may remove so much of the mooring or anchor that comprises the obstruction and thereafter the Port of London Authority will remove so much of the remainder of the mooring or anchor that lies above the uppermost surface of the bed of the River Thames but it will leave in position and not interfere with that part of the mooring or anchor lying between that point and the outer extremity of Work No. 1 or 5 (as the case may be).

• (3) DLRL will pay to the Port of London Authority the costs reasonably incurred by it in removing, pursuant to sub-paragraph (2), that part of the remainder of the mooring or anchor mentioned in that sub-paragraph which the Authority is obliged to remove and replacing that mooring or anchor elsewhere and if the mooring removed is a screw mooring which is used in conjunction with a second screw mooring to moor vessels fore and aft those costs shall also include the cost of removing and replacing elsewhere the second screw mooring if it is not required to be removed pursuant to sub-paragraph (2).

16

Completion of Work No.1 DLRL shall supply to the Port of London Authority a plan on a scale of not less than 1:2500 and sections and cross-sections on scales of not less than 1:100 showing the situation and levels of Work No.1 where it passes under the River Thames.

17

Any difference arising between DLRL and the appropriate authority under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule or any difference subject to an appeal to the Secretary of State under paragraph 8(5)) shall be referred to and settled by arbitration in accordance with article 55.

SCHEDULE 18 — TRAFFIC REGULATION: PROHIBITION OF WAITING

(1)	(2)	(3)	(4)
Road	Side	Description	Notes
In the London Borough of Greenwich
Parry Place	East and West	Southwards from its junction with Spray Street	Replaces current provision of 9 parking bays (parking places nos. 30 and 31) and waiting restriction order

Signed

Signed by authority of the Secretary of State

Ellis Harvey — Head of the Transport and Works Act Orders Unit, — Department for Transport — 2004-03-12

Explanatory note

(This note is not part of the Order)

Footnotes