The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004

• Key to Schedules 3 and 4CDCycleway diversionFDFootpath diversionKMKerb line modificationSSStopping up of street

Compensation enactments

Adaptation of the 1965 Act

Apparatus of statutory undertakers, etc., on land acquired

Apparatus of statutory undertakers, etc., in stopped up streets

Interpretation

Application of Schedule 12

Apparatus in stopped up streets

On-street apparatus

Acquisition of land

Removal of apparatus

Removal of apparatus and construction of alternative apparatus by DLRL

Facilities and rights for alternative apparatus

Retained apparatus: protection and plan approval

Co-operation

Access

Expenses

Indemnity

Exercise of safeguarding and survey powers

Arbitration

Transfer of powers

Notices

Lights, etc., during tidal works

Damage, etc., to tidal works

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

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

Works

Facilities for navigation

General protection

4

Following notice to the Port of London Authority given pursuant to and in accordance with sub-paragraph (5), the Authority will not insert any mooring or anchor into the bed of the River Thames in any position where—

• (a) the face of the base of the anchor or mooring that is nearest to any tunnel structure forming part of Work No. 1 or 5 would be within a circular zone having a radius of 9 metres centred on the centre point of the tunnel structure in cross-section; or

• (b) a line drawn at 45 degrees above the plane of horizontal commencing from and touching the face referred to in paragraph (a) would enter that zone.

• (5) At any time after this Order has been made DLRL may give notice to the Port of London Authority that DLRL is intending to construct the authorised works and that accordingly it requires the restrictions in sub-paragraph (4) to take effect. Any such notice shall be accompanied by 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 intended situation and levels of Works Nos. 1 and 5 where any part of them is intended to pass under the River Thames.

• (6) If the restrictions in sub-paragraph (4) are brought into effect by a notice given pursuant to and in accordance with sub-paragraph (5), they shall cease to have effect if the authorised works are not subsequently commenced within 5 years of the coming into force of this Order.

• (7) Following notice to the Port of London Authority given by DLRL at any time after construction of the authorised works has been commenced, the Port of London Authority will not thereafter remove so much of any mooring or anchor that is within the bed of the River Thames at that time if there is any prospect that in doing so the zone mentioned in sub-paragraph (4) could be disturbed.

• (8) If by virtue of sub-paragraph (4) the Port of London Authority is unable to replace an existing screw mooring in the same place, DLRL will pay to the Authority the costs reasonably incurred by it in removing and replacing any second screw mooring which is used in conjunction with that mooring to moor vessels fore and aft.

Editorial notes