The London Underground (Victoria Station Upgrade) Order 2009

• (6) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (3) (and having regard, where relevant, to sub-paragraph (4)) 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 30th June 1992, as revised and reissued from time to time.

• (7) Sub-paragraphs (3) to (6) shall not apply where the authorised works constitute major transport works for the purposes of Part 3 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 the Company and the statutory utility in such proportions as may be prescribed by any such regulations.

• (8) In this paragraph—

• “apparatus” has the same meaning as in Part 3 of the 1991 Act;

• “relocation works” means works executed, or apparatus provided, under sub-paragraph (2); and

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

SCHEDULE 9 — FOR PROTECTION OF NETWORK RAIL

1

The following provisions of this Schedule shall have effect, unless otherwise agreed in writing between the Company and Network Rail and in the case of paragraph 13, 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;

• “network licence” means the network licence, as amended from time to time, granted to Network Rail by the Secretary of State in exercise of powers under section 8 of the Railways Act 1993[^f00024];

• “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 1985[^f00025]) 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 or connected with any such railway; and any easement or other property interest held by or used for the benefit of Network Rail for the purposes of such railway or works, apparatus or equipment; 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 shall not be unreasonably withheld or delayed but may be subject to reasonable conditions and is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

• (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 shall—

• (a) co-operate with the Company 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 its 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) The Company shall not exercise the powers conferred by article 16 (power to survey and investigate land, etc.) or the powers conferred by section 11(3) of the 1965 Act or the Compulsory Purchase (Vesting Declarations) Act 1981[^f00026] as applied by this Order in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

• (2) The Company 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) The Company shall not exercise the powers conferred by section 271 or 272 of the 1990 Act, as applied by Schedule 8 (provisions relating to statutory undertakers, etc.), 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) The Company 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

• (1) The Company 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 commenced 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 or delayed, 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 disapproval of those plans and the grounds of disapproval the engineer 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 the Company 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 then, if the Company desires such part of the specified work to be constructed, Network Rail shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the Company in accordance with the plans approved or deemed to be approved or settled under this paragraph.

• (4) When signifying approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction 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 the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes shall be constructed by Network Rail but at the expense of the Company, or if Network Rail so desires such protective works shall be carried out by the Company at its own expense with all reasonable dispatch and the Company shall not commence the construction of the specified works until the engineer has notified the Company that the protective works have been completed to the engineer’s reasonable satisfaction.

6

• (1) Any specified work and any protective works to be constructed by virtue of paragraph 5(4) 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, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic on it and the use by passengers of railway property.

• (2) If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of, a specified work, the Company shall, regardless of any approval described in paragraph 6(1)(a), 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.

• (3) Nothing in this Schedule shall impose—

• (a) any liability on the Company with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents; or

• (b) any liability on Network Rail with respect to any damage, costs, expenses or loss attributable to the negligence of the Company or its servants, contractors or agents.

7

The Company 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 the engineer 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 the Company and its agents for access to any works carried out by Network Rail under this Schedule during their construction and shall supply the Company with such information as it may reasonably require with regard to such works or the method of constructing them.

9

• (1) If any permanent or temporary alterations or additions to railway property, or to any protective works under paragraph 5(4), are reasonably necessary during the construction of a specified work, or during a period of 12 months after the opening for public use of any authorised work that includes a specified work, in consequence of that specified work, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the Company reasonable notice of its intention to carry out such alterations or additions, the Company 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) If during the construction of a specified work by the Company, Network Rail gives notice to the Company that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the Company desires that part of the specified work to be constructed, Network Rail shall assume construction of that part of the specified work and the Company shall, regardless of any such approval of a specified work under paragraph 5(1), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

• (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 the Company to Network Rail under this paragraph.

10

The Company 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 the Company as provided by paragraph 5(3) or in constructing any protective works under the provisions of paragraph 5(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

• (b) in respect of the approval by the engineer of plans submitted by the Company and the supervision by the engineer of the construction of a specified work;

• (c) in respect of the employment or procurement of the services of any inspectors and other persons whom it shall be reasonably necessary to appoint for inspecting watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work; and

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

11

If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the Company informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the Company 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.

12

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 the Company, be repaid by the Company to Network Rail.

13

• (1) The Company shall pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Schedule (but subject to article 41 (no double recovery)) 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 of such a work; or

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

and the Company 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 the Company or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s 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 the Company from any liability under the provisions of this sub-paragraph.

• (2) Network Rail shall give the Company 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 the Company.

• (3) The sums payable by the Company under sub-paragraph (1) may 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 Infrastructure Limited shall promptly pay to each train operator the amount of any such sums which Network Rail Infrastructure Limited 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 the relevant costs 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.

14

Network Rail shall, on receipt of a request from the Company, from time to time provide the Company free of charge with written estimates of the costs, charges, expenses and other liabilities for which the Company is or will become liable under this Schedule (including the amount of the relevant costs mentioned in paragraph 13) and with such information as may reasonably enable the Company 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).

15

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 the Company under this Schedule or increasing the sums so payable.

16

The Company 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 the Company of—

• (a) any railway property shown on the land 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 or any lands, works or other property referred to in this paragraph.

17

The Company shall no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 39 (certification of plans, etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in the form of a computer disc with read only memory.

SCHEDULE 10 — 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[^f00027]) 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 gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00028] 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 supply, and mains, pipes or other apparatus that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991[^f00029]; and in 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; and any 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 in it 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 undertaker” means— EDF Energy Networks (LPN) plc whose registered office is 40 Grosvenor Place, Victoria, London SW1X 7EN; National Grid Gas plc whose registered office is 1-3 Strand, London WC2N 5EH; and Thames Water Utilities Limited whose registered office is Clearwater Court, Vastern Road, Reading, Berkshire RG1 8DB; or any person succeeding any such company as a licence holder within the meaning of Part 1 of the Electricity Act 1989, a gas transporter within the meaning of Part 1 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 1 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; and

• “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; or wherever situated, imposes any load upon any sewer, the removal of which has not been required under paragraph 8.

Application of Schedule 8

2

Paragraphs 1(1) and 2 of Schedule 8 (provisions relating to statutory undertakers, etc.) 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 8 (stopping up of streets), 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 and the Company shall grant to the specified undertaker legal easements reasonably satisfactory to the specified undertaker in respect of such apparatus and access to it, but nothing in this paragraph shall affect any right of the Company or of the specified undertaker to require the removal of that apparatus under paragraph 8 or the power of the Company to carry out works under paragraphs 20 to 29.

4

The Company shall give not less than 28 days’ notice in writing of its intention to stop up any street under article 8 (stopping up of streets) 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 the Company and the specified undertaker are regulated by the provisions of Part 3 of the 1991 Act.

Acquisition of land

6

The Company shall not acquire any apparatus from a specified undertaker pursuant to this Order otherwise than by agreement, which shall not be unreasonably withheld.

7

The Company may in exercise of the powers conferred by 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) the Company 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 conferred by this Order, the specified undertaker reasonably requires to remove any apparatus.

9

The Company shall, if it is practicable to do so, afford to the specified undertaker the necessary rights and facilities—

• (a) 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 the Company for the purpose of its undertaking under this Order or in which it has sufficient rights or interests, and;

• (b) afterwards for the use, maintenance and renewal of such apparatus,

and, if the Company is unable to obtain those rights and facilities, the specified undertaker shall, on receipt of a written notice to that effect from the Company, 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 the Company 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 the Company to be removed in accordance with paragraph 8.

Removal of apparatus and construction of alternative apparatus by the Company

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 the Company for the purpose of its undertaking.

14

If the Company 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 the Company 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 the Company 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 the Company 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 the Company 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, the Company affords to the specified undertaker facilities and rights for the construction, use, maintenance and renewal in land of the Company of alternative apparatus in substitution for apparatus to be removed, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the Company 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 the Company 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 the Company 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 the Company by or to the specified undertaker in that respect as shall appear to the abritrator 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, the Company 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

The Company 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 approved plans (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 the Company 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 to it,

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 the Company the specified undertaker reasonably requires the removal of any apparatus and gives written notice to the Company 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 paragraph 20 or 26 shall preclude the Company 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 in place of the plan previously submitted, in which case the provisions of those paragraphs shall apply to, and in respect of, such new plan except that the reference in paragraph 26 to 42 days shall be treated as a reference to 21 days.

28

The Company 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 afterwards, and shall comply with paragraph 25 so far as reasonably practicable in the circumstances.

29

Nothing in paragraph 28 shall entitle the Company to carry out works to any apparatus but, upon receipt of notice from the Company, 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, the Company 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, the Company 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 the Company for that purpose.

Access

31

If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed the Company 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, the Company 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 the Company of any power under this Order;

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

• (d) any other work or thing rendered reasonably necessary in consequence of the exercise by the Company 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 the Company or, in default of agreement, is not determined by arbitration to be necessary having regard, among other things, to the nature of the authorised works, then, if such placing involves cost in the construction of 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 the Company 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 the Company 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 the Company 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 is 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, the Company 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 the Company 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 the Company from any liability under the provisions of this paragraph.

39

Nothing in paragraph 38 shall impose any liability on the Company 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 the Company reasonable notice of any claim or demand under the provisions of paragraph 38 and no settlement or compromise of it shall be made without the prior consent of the Company which shall not be unreasonably withheld.

Exercise of safeguarding and survey powers

41

The Company shall, so far as is reasonably practicable, so exercise the powers conferred by article 14 (protective works to buildings) so as not to obstruct or render less convenient the access to any apparatus.

42

The Company shall not, in the exercise of the powers conferred by section 11(3) of the 1965 Act, as applied by this Order, or by article 16 (power to survey and investigate land, etc.), 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 the Company 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 42 (arbitration) and in determining any difference under this Schedule the arbitrator may, if the arbitrator thinks fit, require the Company to execute any temporary or other works so as to avoid, so far as may be reasonably practicable, interference with the use of any apparatus.

Notices

44

Any notice in writing to be given by the Company 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 11 — TRAFFIC REGULATION

(1) Road	(2) Extent	(3) Notes
Bressenden Place	South-west side, between A-B and Victoria Street	To maintain traffic flow, including management of diverted traffic, during construction of the authorised works.
Allington Street	South side, between PC1-PC2 and PD1-PD2 and west side, between PE1-PE2 and PF1-PF2	To maintain traffic flow, including management of diverted traffic and to provide a temporary taxi queuing facility during construction of the authorised works.
Victoria Street	Both sides, between PG1-PG2 and PH1-PH2	To maintain traffic flow, including management of diverted traffic, during construction of the authorised works.
Hudson’s Place	Both sides, between PL1-PL2 and PK1-PK2	To accommodate temporary taxi ranks and access for servicing National Rail station.
Vauxhall Bridge Road	Both sides, between PM1-PM2 and PJ1-PJ2	To maintain traffic flow including the accommodation of two-way operation and management of diverted traffic, during construction of the authorised works.
Warwick Row	West side, between PN1-PN2 and PO1-PO2	To maintain traffic flow, including management of diverted traffic, during construction of the authorised works.
Wilton Road	East side, between PN1-PN2 and PO1-PO2	To maintain traffic flow, including management of diverted traffic, during construction of the authorised works.
Terminus Place	North side, from its junction with Wilton Road for a distance of 8metres in a westerly direction	To maintain traffic flow, including management of diverted traffic, during construction of the authorised works.
Eccleston Place	East side, between PP1-PP2 and PP3-PP4	To accommodate diverted bus services and for the provision of bus stands.
Gillingham Street	North side, between PR1-PR2 and PR3-PR4	To maintain traffic flow, including management of diverted traffic, during construction of the authorised works and to accommodate a temporary queuing facility.
---	---	---
Wilton Road	West side, between PS1-PS2 and PS3-PS4	To maintain traffic flow, including management of diverted traffic, during construction of the authorised works and to accommodate a temporary taxi queuing facility.

Signed

Signed by authority of the Secretary of State for Transport

Ellis Harvey — Head of the Transport and Works Act Orders Unit — Department for Transport — 28th August 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises London Underground Limited to carry out works to upgrade Victoria underground station, comprising a new sub-surface ticket hall beneath Bressenden Place, the expansion of the existing Victoria Line ticket hall beneath Wilton Road, new lifts, sub-surface escalators and pedestrian links, and for that purpose, to acquire, compulsorily or by agreement, land and rights in land and to use land.

A copy of the works and land plans, the book of reference and the traffic regulation plan mentioned in this Order and certified in accordance with article 39 (certification of plans, etc.) of this Order, may be inspected free of charge during working hours at the offices of London Underground Limited at 55 Broadway, London SW1H 0BD.

Footnotes

[^f00001]: S.I. 2006/1466.

[^f00002]: 1992 c. 42. As amended by S.I. 1995/1541, 1998/2226, S.I. 2000/3199 and S.I. 2006/958.

[^f00003]: 1961 c. 33.

[^f00004]: 1965 c. 56.

[^f00005]: 1973 c. 26.

[^f00006]: 1980 c. 66.

[^f00007]: 1981 c. 67.

[^f00008]: 1984 c. 27.

[^f00009]: 1990 c. 8.

[^f00010]: 1991 c. 22.

[^f00011]: 1985 c. 6.

[^f00012]: 1991 c. 56.

[^f00013]: 1991 c. 57.

[^f00014]: 1981 c. 66.

[^f00015]: 2004 c. 18.

[^f00016]: 1999 c. i.

[^f00017]: 1990 c. 43.

[^f00018]: 1974 c. 40.

[^f00019]: 1978 c. 30.

[^f00020]: 1973 c. 26.

[^f00021]: S.I. 2009 [2364]

[^f00022]: 2003 c. 21.

[^f00023]: 1980 c. 66.

[^f00024]: 1993 c. 43.

[^f00025]: 1985 c. 6.

[^f00026]: 1981 c. 66.

[^f00027]: 1989 c. 29.

[^f00028]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995, c. 45, and was further amended by section 76 of the Utilities Act 2000, c. 27.

[^f00029]: 1991 c. 56.