Legalize / United Kingdom / Statutory-Instrument

The River Mersey (Mersey Gateway Bridge) Order 2011

Type Statutory-Instrument

Publication 2011-01-11

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(3) The undertaker may grant on such terms and conditions as it thinks fit to any person or take from any person a lease, licence or any other interest in or right over any land, including land comprising or comprised in the new crossing, if it appears to the undertaker expedient to do so for the purpose of or in connection with the exercise by that person of any or all of the authorised activities.

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

Application of landlord and tenant law

44

(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the new crossing or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the carrying out of the authorised activities or any part of them,

so far as any such agreement relates to the terms on which any land is subject to a lease granted by or under that agreement.

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

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

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

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

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

Application of section 2 of the 1991 Act

45

Section 2 (exercise of highway functions by concessionaire) of the 1991 Act shall apply to any concession agreement under article 43(1) or to any agreement under article 43(2) as if any such agreement were a concession agreement under Part 1 of the 1991 Act.

Application of the 2000 Act

46

(1) Regulations made pursuant to section 173 (penalty charges) of the 2000 Act shall have effect in respect of the new crossing as if the tolls and charges charged pursuant to this Order were charges payable pursuant to a charging scheme made by order under Part 3 of the 2000 Act.

(2) The imposition and payment of penalty charges in connection with this Order shall be in accordance with such regulations as the Secretary of State may make pursuant to section 173 of the 2000 Act.

(3) Sections 174 (examination, entry, search and seizure), 175 (immobilisation etc.) and 176 (equipment etc.) of the 2000 Act shall have effect in respect of the new crossing as if Part 5 of this Order was a charging scheme made by order under Part 3 of the 2000 Act.

PART 6 — MISCELLANEOUS AND GENERAL

Planning permission and supplementary matters

47

(1) In relation to the application of paragraph 3(c) of the Second Schedule of the Form of Tree Preservation Order set out in the Schedule to the Town and Country Planning (Tree Preservation Order) Regulations 1969[^f00026] (including that paragraph as applied by regulation 3(ii) of the Town and Country Planning (Tree Preservation Order) (Amendment) and (Trees in Conservation Areas) (Exempted Cases) Regulations 1975[^f00027], or as incorporated in any tree preservation order), any direction under section 90(2A) of the 1990 Act deeming planning permission to be granted in relation to works authorised by this Order shall be treated as deeming the permission to have been granted on application made under Part 3 of that Act for the purposes of that Part.

(2) In relation to the application of article 5(1)(d) of the Form of Tree Preservation Order set out in the Schedule to the Town and Country Planning (Trees) Regulations 1999[^f00028] as incorporated in any tree preservation order or as having effect by virtue of regulation 10(l)(a) of those Regulations, any direction under section 90(2A) of the 1990 Act deeming planning permission to be granted in relation to works authorised by this Order shall not be treated as an outline planning permission.

(3) Planning permission which is deemed by a direction under section 90(2A) of the 1990 Act to be granted in relation to works authorised by this Order shall be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).

Power to lop trees overhanging the authorised works

48

(1) The undertaker may fell or lop any tree or shrub near any part of the authorised works, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used on the authorised works; or

(b) from constituting a danger to persons using the authorised works.

(2) In exercising the powers conferred by paragraph (1), the undertaker shall do no unnecessary damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising from the exercise of those powers.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, shall be determined under Part 1 of the 1961 Act.

Disapplication of the Commons Act 2006

49

No land within the limits of land to be acquired or used may be the subject of an application under section 15 (registration of greens) of, or paragraphs 2 to 4 of Schedule 2 (non-registration or mistaken registration under the 1965 Act) to, the Commons Act 2006[^f00029].

Proceedings in respect of statutory nuisance

50

(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990[^f00030] (summary proceedings by person aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—

(a) that the nuisance relates to premises used by the undertaker for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to the construction or maintenance of the authorised works and that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) or 65 (noise exceeding registered level), of the Control of Pollution Act 1974[^f00031]; or

(b) that the nuisance is a consequence of the construction, maintenance or use of the authorised works and that it cannot reasonably be avoided.

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

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

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

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

51

(1) Nothing in this Order shall prejudice or derogate from any of the powers, rights or privileges, or the jurisdiction or authority of Trinity House.

(2) Schedule 8 (protection of navigation) shall have effect.

Removal of vessels

52

(1) If it appears to the undertaker necessary or convenient to do so for the purposes of the construction or maintenance of the authorised works it may remove from within the new crossing area any vessel or structure that is—

(a) sunk, stranded or abandoned; or

(b) moored or laid up (whether lawfully or not),

either to another place within the new crossing area or to a place outside the new crossing area where it may without injury to the vessel be moored or laid.

(2) Before exercising the powers conferred by paragraph (1) the undertaker shall—

(a) publish a notice of its intention to do so in Lloyd’s List and once in each of two successive weeks in a local newspaper published or circulating in the borough of Halton, with an interval between the dates of publication of not less than 6 clear days; and

(b) display notice of this in a conspicuous position adjacent to that part of the new crossing area in which a vessel to which paragraph (1) applies is located.

(3) Each of the notices shall—

(a) state the reason for requiring removal of any vessel from within that part of the new crossing area specified in the notice; and

(b) specify a date, which shall be a date not earlier than one month after the last date on which a notice is published pursuant to sub-paragraph (2)(a), by which all vessels must be removed from within that part of the new crossing area specified in the notice.

(4) If the owner or master of any vessel within the new crossing area does not remove that vessel from within the new crossing area before the date specified in accordance with sub-paragraph (3)(b), the undertaker may, having first consulted the relevant navigation authority, cause that vessel to be removed.

(5) The undertaker may recover as a debt from the owner of any vessel removed pursuant to paragraph (4) all expenses incurred by the undertaker in respect of its removal.

Obstruction of construction of authorised works

53

Any person who, without reasonable excuse—

(a) obstructs any person acting under the authority of the undertaker in setting out the lines of the scheduled works, or in constructing any authorised work; or

(b) interferes with, moves or removes any apparatus belonging to any person acting under the authority of the undertaker,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Disclosure of confidential information

54

A person who—

(a) enters a factory, workshop or workplace in pursuance of the provisions of article 15 (protective works to buildings) or article 16 (power to survey and investigate land); and

(b) discloses to any person any information obtained pursuant to sub-paragraph (a) and relating to any manufacturing process or trade secret,

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

Statutory undertakers, etc.

55

The provisions of Schedule 9 (provisions relating to statutory undertakers, etc.) shall have effect.

Protective provisions

56

The provisions of Schedule 10 (protective provisions) shall have effect.

Disapplication of provisions relating to the conservation of the River Mersey

57

The provisions of the Act passed in the fifth and sixth years of the reign of Queen Victoria (1842) titled “An Act for better preserving the navigation of the River Mersey”[^f00032] shall not apply in relation to the construction of any authorised works in the River Mersey.

Disapplication of certain provisions of the Manchester Ship Canal Acts and Orders

58

The charges over the land, property or undertaking of the Manchester Ship Canal Company imposed pursuant to the Manchester Ship Canal Acts and Orders 1885-1996 shall not apply to any land, or interest in land transferred, leased or granted to the undertaker by the Manchester Ship Canal Company whether that transfer is by agreement or pursuant to Part 3.

Certification of plans, etc.

59

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

Service of notices

60

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

(a) by post; or

(b) with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission.

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

(3) For the purposes of section 7 of the Interpretation Act 1978[^f00033] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement shall be taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender shall provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person shall give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation shall be final and shall take effect on a date specified by the person in the notice but that date shall not be less than 7 days after the date on which the notice is given.

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

No double recovery

61

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

Arbitration

62

Any difference under any provision of this Order, unless otherwise provided for, shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

SCHEDULE 1 — SCHEDULED WORKS

Borough of Halton

Work No. 1a An improvement of the eastbound carriageway of Speke Road (920 metres in length) commencing at a point 460 metres to the east of the underbridge crossing St Michael’s Road and terminating at Ditton Junction and construction of part of a signalised junction (Ditton Junction).

Work No. 1b A new toll plaza on embankment (1140 metres in length) commencing at the underbridge above St Michael’s Road and terminating at the eastern end of the toll plaza area.

Work No. 1c A new road (1045 metres in length) commencing 300 metres to the east of the underbridge above St Michael’s Road and terminating at Ditton Junction and construction of part of a signalised junction (Ditton Junction).

Work No. 1dA new road (1300 metres in length) part on embankment commencing at the termination of Work No. 1b and terminating at the commencement of Work Nos. 4b and 4c including a new bridge crossing Ditton Junction, a new bridge crossing the Garston to Timperley Freight Railway, a viaduct crossing Victoria Road, bridges crossing the Widnes Loops slip roads (Work Nos. 3a and 3b) and a new bridge crossing the St Helens Canal.

Work No. 1e A new road (400 metres in length) forming the eastbound slip onto the main carriageway from Ditton Junction commencing at Moor Lane South and terminating at the merge with the main carriageway forming Work 1d and incorporating a toll plaza.

Work No. 1f A new road (390 metres in length) incorporating a toll plaza commencing at Queensway (Work No. 2b) and terminating at the merge with the main carriageway forming Work No. 1d.

Work No. 2a A new road (585 metres in length) commencing at Ditton Road passing in a northeast direction below Work No. 1d and terminating at Moor Lane South.

Work No. 2b A new road (170 metres in length) commencing at Ditton Junction (Work No. 2a) and terminating at a point 210 metres north of the junction of Queensway and Desoto Road West.

Work No. 3a A new road (995 metres in length) incorporating a toll plaza commencing at the Garston to Timperley Freight Railway Bridge over the A557 Widnes Eastern Bypass and terminating at Work No. 1d.

Work No. 3b A new road (1055 metres in length) incorporating a toll plaza and a new bridge crossing the Widnes Loops onslip commencing at the Garston to Timperley Freight Railway Bridge over the A557 and terminating at Work No. 1d.

Work No. 4a The temporary infilling of the St Helens Canal (290 metres in length).

Work No. 4b A new road and viaduct supporting the southbound carriageway of the Mersey Gateway Bridge (530 metres in length) commencing at the termination of Work No. 1d and terminating at Work No. 4e.

Work No. 4c A new road and viaduct supporting the northbound carriageway of the Mersey Gateway Bridge (567 metres in length) commencing at the termination of Work No. 1d and terminating at Work No. 4e.

Work No. 4d Temporary jetty structure commencing on the North bank of the River Mersey and extending southwards to the South bank of the River (1000 metres in length).

Work No. 4e A new road and cable stay bridge with a maximum of three towers and two carriageways (1000 metres in length).

Work No. 4f A new southbound road and viaduct (500 metres in length) with supporting structures commencing at the southernmost end of Work No. 4e and terminating at the northernmost end of Work No. 4h.

Work No. 4g A new northbound road and viaduct with supporting structures (500 metres in length) commencing at the southernmost end of Work No. 4e and terminating at the northernmost end of Work No. 4h.

Work No. 4h A new road and viaduct with supporting structures (500 metres in length) commencing at the southernmost end of Work Nos. 4f and 4g and terminating at the northernmost end of Work No. 5a.

Work No. 4i A new road and viaduct (464 metres in length) commencing at the southernmost end of the approach viaduct to the cable stay bridge (Works 4f and 4g) and terminating at Work No. 5h.

Work No. 4j A new road and viaduct (433 metres in length), commencing at that southernmost end of Work Nos. 4f and 4g and terminating at Work No. 5h.

Work No. 5a A new road (525 metres in length) commencing at the southernmost end of Work No. 4h and terminating at Halton Brow comprising a new road on viaduct spanning the Bridgewater Junction and Bridgewater Canal and a new road on embankment.

Work No. 5b A new road (395 metres in length) commencing on Bridgewater Expressway 530 metres east of the junction with Astmoor Road and terminating at Work No. 5h.

Work No. 5c A new road (265 metres in length) commencing at Work No. 5h and terminating on Bridgewater Expressway 630 metres east of the junction with Astmoor Road.

Work No. 5d A new road (370 metres in length) commencing at Work No. 5h and terminating on Daresbury Expressway 450 metres west of the Astmoor Interchange overbridge.

Work No. 5e A new road (410 metres in length) commencing on Daresbury Expressway 450 metres west of the Astmoor Interchange overbridge and terminating at Work No. 5h.

Work No. 5f A new road (400 metres in length) commencing at Work No. 5h and terminating at Halton Brow comprising a bridge crossing of the Bridgewater Canal and embankment.

Work No. 5g A new road (400 metres in length) commencing at Halton Brow and terminating at Work No. 5h comprising a bridge crossing of the Bridgewater Canal and embankment.

Work No. 5h A new road comprising a gyratory road junction commencing at Ordnance Survey Reference Point SJ 5335 8287 and proceeding in a clockwise direction to the same point.

Work No. 6a Temporary work (110 metres in length) comprising a temporary dock and jetties abutting the River Mersey and the Manchester Ship Canal.

SCHEDULE 2 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Streets subject to street works
Borough of Halton	Speke Road - eastbound carriageway between St Michael’s Road and Ditton Roundabout; carriageway surface improvements
	Speke Road - westbound carriageway between Ditton Roundabout and St Michael’s Road; realigned to enable construction of new toll plaza
	Ditton Road - between Ditton Roundabout and a point approximately 280 metres to the west; widening and improvements associated with new Ditton junction and carriageway surface improvements
	Queensway - between Ditton Roundabout and a point approximately 130 metres to the south; widening and improvements associated with new Ditton junction and carriageway surface improvements
	Moor Lane South - from Ditton Roundabout to a point approximately 300 metres from Ditton Roundabout; improvements relating to Ditton Junction and new signalised crossroads with Ashley Way West and Lower House Lane and carriageway surface improvements
	Lower House Lane - between roundabout with Moor Lane South and a point approximately 30 metres to the north; improvement works relating to new signalised cross roads with Moor Lane South and carriageway improvements
	Ashley Way West - between roundabout with Moor Lane South and a point approximately 45 metres to south east; improvement works relating to new signalised cross roads with Moor Lane South and carriageway improvements
	Dock Road - from Queensway viaduct to junction with Wandsworth Way; carriageway widening and surface improvements
	Wandsworth Way - from Dock Road to a point approximately 12 metres to the north; junction improvements and carriageway surface improvements
	Queensway Link - from Waterloo Road to point approximately 130 metres to the south; carriageway widening and surface improvements
	Daresbury Expressway - improvement works associated with Bridgewater Junction
	Central Expressway - from Bridgewater Junction to a point approximately 275 metres to the south; realignment of carriageway and surface improvements
	Castlefields Avenue North - from Warrington Road to a point approximately 85 metres to the north; carriageway realigned

SCHEDULE 3 — STREETS TO BE STOPPED UP

PART 1 — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street or part of street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted for it
Borough of Halton	Surfaced paths to the south of A557 Widnes Eastern Bypass	Between point PS7 and points PS11 and PS13	Between point PD1 and points PD2 and PD3

PART 2 — STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street or part of street to be stopped up	(3) Extent of stopping up
Borough of Halton	Footpath Widnes 58	Between points PS1 and PS2
	Informal paths, (not on definitive map) within the closed St Michael’s Golf Course	Between points PS3, PS4, PS5 and PS6
	A553 Queensway	Between HS1 and HS2
	Ditton Roundabout	The entire street comprising the roundabout commencing and concluding in a clockwise direction at point HS3
	Ditton Road	Between points HS4 to HS5
	Lower House Lane	Between points HS6 to HS7
	A557 Widnes Eastern Bypass	Between the junction with A553 Queensway at points HS8 and HS9 and the junction with A562 Ashley Way at HS10
	Catalyst Trade Park Private Roads	All those streets covered by grey shading at HS11
	Dock Road	Part of that length of Dock Road between the existing limit of Queensway and the junction of Dock Road and Widnes Eastern Bypass at or about point HS12.
	Footpath Widnes 60 (definitive right of way not currently accessible)	Between points PS8 and PS10
	Footpath Widnes 61(definitive right of way not currently accessible)	Between points PS8 and PS9
	Footpath Widnes 62 (definitive right of way not currently accessible)	Between points PS7 and PS8
	Surfaced path to the south of A557 Widnes Eastern Bypass	For 63 metres southward from point PS12
	Surfaced path on Astmoor Industrial Estate (not on definitive map)	Between points PS14, PS15, PS16 and PS17
	Surfaced path on Astmoor Industrial Estate (not on definitive map)	Between points PS18, PS19, PS20 and PS21
	Surfaced path on Astmoor Industrial Estate (not on definitive map)	Between points PS22, PS23
	Goddard Road	Between points HS13 and HS14 and HS15 and HS16
	Lancer Court	All that street shaded grey comprising Lancer Court at point HS17
	Dalton Court	Between points HS18 and HS19
	Davy Road	Between points HS20 and HS21
	Chadwick Road	Between points HS22 and HS23
	Surfaced path (not on definitive map) on the southbound verge of the Central Expressway	Between points PS24 and PS25
	Bridgewater Expressway	Between points HS24 and HS25
	Central Expressway	Between points HS26 and HS27, HS27 and HS28, HS29 and HS30, HS31 and HS32, and HS27 and HS33

SCHEDULE 4 — STREETS TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Street to be stopped up	(3) Extent of temporary stopping up
Borough of Halton	Cycle track to the south of St Helen’s Canal (Transpennine Way)	Between TS1 and TS2 and to be temporarily diverted between points TD1, TD2, TD3 and TD4
	Surfaced path in Wigg Island Community Park (not on definitive map)	Between points TS3 and TS4 and to be temporarily diverted via points TD5, TD6 and TD7
	Surfaced path to the north of Manchester Ship Canal (not on definitive map)	Between points TS5 and TS6
	Surfaced path to the south of Manchester Ship Canal (not on definitive map)	Between points TS7 and TS8
	Astmoor Road	Between points TS9 and TS10
	Astmoor Busway	Between points TS11 and TS12
	Footpath Runcorn 16 (to the north of Bridgewater Canal)	Between points TS13 and TS14

SCHEDULE 5 — ACCESS TO WORKS

(1) Area	(2) Description of access
Borough of Halton	Access No. A1 from Speke Road
	Access No. A2 from Ditton Road
	Access No. A3 from Ditton Road
	Access No. A4 from Queensway
	Access No. A5 from Hutchison Street
	Access No. A6 from Lower House Lane
	Access No. A7 from Moor Lane (south)
	Access No. A8 from Ashley Way
	Access No. A9 from Ditton Road
	Access No. A10 from Victoria Road (north side)
	Access No. A11 from Victoria Road (south side)
	Access No. A12 from Waterloo Road
	Access No. A13 from Queensway
	Access No. A14 from Queensway
	Access No. A15 from Widnes Eastern Bypass
	Access No. A16 from Astmoor Road (east side)
	Access No. A17 from Astmoor Road (west side)
	Access No. A18 from Daresbury Expressway
	Access No. A19 from Bridgewater Expressway
	Access No. A20 from Castlefields Avenue (north side)
	Access No. A21 from Castlefields Avenue (south side)
	Access No. A22 from Halton Brow
	Access No. A23 from Central Expressway
	Access No. A24 from Boston Avenue
	Access No. A25 from Mason Street
	Access No. A26 from the Manchester Ship Canal
	Access No. A27 from the Manchester Ship Canal
	Access No. A28 from the River Mersey
	Access No. A29 from the River Mersey

SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

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

2

(1) Without limiting the scope of paragraph 1, the Land Compensation Act 1973[^f00034] shall have effect subject to the modifications set out in sub-paragraphs (2) and (3).

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

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

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

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

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

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

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

Application of the 1965 Act

3

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

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

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

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

4

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

(7) In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (other provisions as to divided land) there shall be substituted the following—

(8) the River Mersey (Mersey Gateway Bridge) Order 2011[^f00035] (“the Order”) shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the tribunal directs. (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that interest and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section shall be determined by the Tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

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

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

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

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

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right, it has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.

8

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

9

Section 22 of the 1965 Act (interests omitted from purchase) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Number of land shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Authorised work
Borough of Halton	2	Provision of access, for the purposes of constructing the authorised works	Work No. 1b
	3	Provision of access, for the purposes of constructing the authorised works and the provision of a temporary worksite	Work Nos. 1a, 1b, 1c
	4	For the purposes of a temporary worksite	Work Nos. 1a, 1b, 1c
	7	Provision of access, for the purposes of constructing the authorised works	Work Nos. 1a, 1b, 1c
	9	Provision of access, for the purposes of constructing the authorised works and the provision of a temporary worksite	Work Nos. 1a, 1b, 1c
	10	Construction of authorised works	Work Nos. 1a, 1b, 1c
	11	Construction of authorised works	Work Nos. 1a, 1b, 1c
	16	Provision of access, for the purposes of constructing the authorised works	Work Nos. 1c, 1d, 2a, 2b
	18	Provision of access, for the purposes of constructing the authorised works	Work Nos. 1c, 1d, 2a, 2b
	22	Provision of access, for the purposes of constructing the authorised works	Work No. 2a
	23	Provision of access, for the purposes of constructing the authorised works	Work No. 2a
	24	Provision of access, for the purposes of constructing the authorised works	Work No. 2a
	25	Provision of access, for the purposes of constructing the authorised works	Work No. 2a
	26	Provision of access, for the purposes of constructing the authorised works	Work No. 2a
	34	Provision of access, for the purposes of constructing the authorised works	Work No. 2a
	35	Provision of access, for the purposes of constructing the authorised works	Work No. 2a
	55	Provision of access, for the purposes of constructing the authorised works	Work Nos. 2a, 2b
	56	Provision of access, for the purposes of constructing the authorised works and the provision of a temporary worksite	Work Nos. 2a, 2b
	57	Provision of access, for the purposes of constructing the authorised works	Work No. 2b
	63	For the purposes of a temporary worksite	Work No. 2b and works to Queensway
	64	For the purposes of a temporary worksite	Work No. 2b and works to Queensway
	65	For the purposes of a temporary worksite	Work No. 2b and works to Queensway
	66	Construction of authorised works	Work No. 2b and works to Queensway
	67	Construction of authorised works	Work No. 2b and works to Queensway
	68	For the purposes of a temporary worksite	Work No. 2b and works to Queensway
	76	For the purposes of a temporary worksite	Work Nos. 1d, 1e
	77	For the purposes of a temporary worksite	Work Nos. 1d, 1e
	78	For the purposes of a temporary worksite	Work Nos. 1d, 1e
	85	For the purposes of a temporary worksite	Work Nos. 1d, 1f
	86	For the purposes of a temporary worksite and a construction compound	Work Nos. 1d, 1f
	87	For the purposes of a temporary worksite and a construction compound	Work Nos. 1d, 1f
	153	For the purposes of a temporary worksite	Work Nos. 1d, 3a, 3b
	154	For the purposes of a temporary worksite	Work Nos. 1d, 3a, 3b
	158	For the purposes of a temporary worksite	Work Nos. 1d, 3a, 3b
	159	For the purposes of a temporary worksite	Work Nos. 1d, 3a, 3b
	166	For the purposes of a temporary worksite	Work Nos. 1d, 3a, 3b
	168	For the purposes of a temporary worksite	Work Nos. 1d, 3a, 3b
	171	For the purposes of a temporary worksite	Work Nos. 1d, 3a, 3b
	172	For the purposes of a temporary worksite	Work Nos. 1d, 3a, 3b
	173	For the purposes of a temporary worksite	Work Nos. 1d, 3a, 3b
	174	For the purposes of a temporary worksite	Work Nos. 1d, 3a, 3b
	188	Construction of authorised works	Work Nos. 3a, 3b
	191	Construction of authorised works	Work Nos. 3a, 3b
	192	For the purposes of a temporary worksite	Work Nos. 3a, 3b
	206	For the purposes of a temporary worksite	Work Nos. 1d, 4a, 4b, 4c
	210	For the purposes of a temporary worksite	Work Nos. 4a, 4b, 4c
	225	For the purposes of a temporary worksite	Work Nos. 4b, 4c, 4d
	226	For the purposes of a temporary worksite	Work Nos. 4b, 4c, 4d, 4e
	228	For the purposes of a temporary worksite	Work Nos. 4d, 4e
	229	For the purposes of a temporary worksite	Work Nos. 4d, 4e
	231	For the purposes of a temporary worksite	Work Nos. 4d, 4e
	232	For the purposes of a temporary worksite	Work Nos. 4d, 4e, 4f, 4g
	234	For the purposes of a temporary worksite	Work Nos. 4d, 4e, 4f, 4g
	240	Provision of access, for the purposes of constructing the authorised works and the provision of a temporary worksite	Work Nos. 4f, 4g
	255	For the purposes of a temporary worksite and a construction compound	Work Nos. 4h, 4i, 4j
	257	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	258	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	260	For the purposes of a temporary worksite and a construction compound	Work Nos. 4h, 4i, 4j
	266	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	267	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	270	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	271	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	273	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	276	For the purposes of a temporary worksite and a construction compound	Work Nos. 4h, 4i, 4j
	277	For the purposes of a temporary worksite and a construction compound	Work Nos. 4h, 4i, 4j
	278	For the purposes of a temporary worksite and a construction compound	Work Nos. 4h, 4i, 4j
	282	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	283	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	285	For the purposes of a temporary worksite and a construction compound	Work Nos. 4h, 4i, 4j
	286	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	290	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	291	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	293	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j, 5a, 5b, 5h
	298	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	299	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	300	For the purposes of a temporary worksite	Work Nos. 4h, 4i, 4j
	307	For the purposes of a temporary worksite	Work Nos. 4i, 5d, 5e
	314	For the purposes of a temporary worksite	Work Nos. 5d, 5e
	316	For the purposes of a temporary worksite	Work Nos. 5d, 5e
	317	For the purposes of a temporary worksite	Work Nos. 5d, 5e
	319	For the purposes of a temporary worksite	Work Nos. 4j, 5a, 5b, 5c
	320	For the purposes of a temporary worksite	Work Nos. 4j, 5a, 5b, 5c
	322	For the purposes of a temporary worksite	Work Nos. 5b, 5c
	323	For the purposes of a temporary worksite	Work Nos. 5b, 5c, 5h
	324	For the purposes of a temporary worksite	Work Nos. 5b, 5c, 5h
	328	For the purposes of a temporary worksite	Work Nos. 5a, 5e, 5f, 5h
	329	For the purposes of a temporary worksite	Work Nos. 5a, 5e, 5f, 5h
	334	For the purposes of a temporary worksite	Work Nos. 5a, 5f, 5g
	335	For the purposes of a temporary worksite	Work Nos. 5a, 5f, 5g
	336	For the purposes of a temporary worksite	Work Nos. 5a, 5f, 5g
	341	Provision of access, for the purposes of constructing the authorised works and the provision of a temporary worksite	Work Nos. 5a, 5f, 5g

1

In this Schedule—

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

“plans” includes sections, drawings, particulars and schedules of construction.

Tidal works

2

(1) Unless its construction has commenced within 5 years of this Order coming into force no tidal work shall be constructed, replaced or re-laid except in accordance with plans approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.

(2) If a tidal work is constructed, replaced or re-laid in contravention of this paragraph or of any condition or restriction imposed under this paragraph—

(a) the Secretary of State may by notice in writing require the undertaker at its own expense to take whatever steps the Secretary of State considers necessary to remedy the contravention;

(b) without limiting the scope of sub-paragraph (a), the steps in question may include steps to—

(i) alter, replace or re-lay any tidal work; or

(ii) remove the tidal work or any part of it, and restore the site to its former condition or as near to its former condition as is acceptable to the Secretary of State;

(c) any notice served by the Secretary of State under sub-paragraph (a) shall specify the period within which the undertaker shall comply with the requirements of that notice and may specify different periods for the taking of different steps; and

(d) where the undertaker fails to comply with the requirements of a notice served under sub-paragraph (a) within the period specified in that notice, the Secretary of State may execute the works required by the notice.

(3) Where it appears to the Secretary of State to be urgently necessary to do so, the Secretary of State may remove the tidal work, or any part of it, or restore the site to its former condition or as near to its former condition as the Secretary of State considers appropriate.

(4) The Secretary of State may, if the Secretary of State considers it expedient, order a survey and examination of any site on which it is proposed to execute a tidal work.

3

(1) In case of damage to or destruction of a tidal work or any part of a tidal work the undertaker shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such steps for the prevention of danger to navigation as Trinity House shall from time to time direct.

(2) If the undertaker fails to notify Trinity House as required by this paragraph or to comply in any respect with any requirements of a direction given under this paragraph, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Abandonment, etc. of structure

4

(1) Where a tidal work is abandoned, or allowed to fall into decay, the Secretary of State may by notice in writing require the undertaker at its own expense—

(a) to repair and restore the work, or any part of it; or

(b) to remove the work and restore the site to its former condition or so near its former condition as is acceptable to the Secretary of State.

(2) Where—

(a) a work erected under this Order, part of which is a tidal work, is abandoned or allowed to fall into decay; and

(b) the part of the work on or over land above the level of mean high-water springs is in such a condition as to interfere, or cause reasonable apprehension that it may interfere, with the right of navigation or any public rights over the foreshore,

the Secretary of State may include that part of the work, or any portion of it, in any notice under sub-paragraph (1).

(3) If, at the end of the period of 28 days from the date when notice is served on the undertaker under sub-paragraph (1), it has failed to begin taking steps to comply with the requirements of the notice or, after beginning, has failed to make reasonably expeditious progress towards their implementation, the Secretary of State may execute the works specified in the notice.

Surveys, etc.

5

Having concluded that it is expedient to do so the Secretary of State may order a survey and examination of any tidal work.

Lights on tidal works during construction

6

(1) The undertaker shall, at or near to a tidal work during the whole time of the construction, extension, enlargement, replacement or relaying of that tidal work, exhibit from sunset to sunrise every night such lights, if any, and take such steps for the prevention of danger to navigation as the Secretary of State or Trinity House, or failing agreement between them, as the Secretary of State shall from time to time direct.

(2) If the undertaker fails to comply in any respect with any requirements of a direction given under this paragraph, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

7

(1) After completion of a tidal work the undertaker shall exhibit at the outer extremity of that tidal work from sunset to sunrise every night such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Trinity House shall from time to time direct.

(2) If the undertaker fails to comply in any respect with any requirements of a direction given under this paragraph, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Defence of due diligence

8

(1) In proceedings for an offence under paragraphs 3, 6 and 7 it shall be a defence for the undertaker to show that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) If in any case the defence provided by sub-paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the undertaker shall not, without the leave of the court, be entitled to rely on the defence unless, at least 7 clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in its possession.

Trinity House

9

(1) Where the undertaker is required to give notice of any matter to Trinity House in accordance with this Schedule it shall give notice of that matter to MDHC and MSCC at the same time.

(2) When Trinity House does not give any direction under this Schedule MDHC (in the case of the River Mersey) or MSCC (in the case of the Manchester Ship Canal) may give a direction in its stead provided that no such direction may conflict with any direction of Trinity House.

(3) Where MDHC or MSCC gives a direction as permitted by this paragraph it shall take effect as if given by Trinity House.

(4) In this paragraph—

“MDHC” means the Mersey Docks and Harbour Company; and

“MSCC” means the Manchester Ship Canal Company.

Expenses

10

The Secretary of State shall be entitled to recover from the undertaker any expenditure incurred by the Secretary of State under sub-paragraph 2(2)(d) or 2(3) or 4(3) or on a survey and examination under sub-paragraph 2(4) or paragraph 5.

SCHEDULE 9 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc., on land acquired

1

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

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

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

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

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

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

shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(5) The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2, or Part 3 of the 1991 Act, applies.

(6) In this paragraph—

“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003[^f00036]; and

“public utility undertakers” has the same meaning as in the 1980 Act[^f00037].

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

2

(1) Where a street is stopped up under article 8 (stopping up of streets), any statutory utility whose apparatus is under, in, upon, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

(2) Where a street is stopped up under article 8 (stopping up of streets), any statutory utility whose apparatus is under, in, upon, over, along or across the street may, and if reasonably requested to do so by the undertaker shall—

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

(b) provide other apparatus in substitution for the existing apparatus and place it in that other position.

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

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

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

(4) If in the course of the execution of relocation works under sub-paragraph (2)—

(a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the statutory utility by virtue of sub-paragraph (3) shall be reduced by the amount of that excess.

(5) For the purposes of sub-paragraph (4)—

(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; and

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

(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 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.

(7) Sub-paragraphs (3) to (6) shall not apply where the authorised works constitute major highway 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 cost 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 undertaker 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 work 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).

3

(1) Subject to the following provisions of this paragraph, the powers under article 7 (power to execute street works) to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the 1980 Act) is under the control or management of, or is maintainable by, railway or tramway undertakers or a navigation authority except with the consent of the undertakers or authority.

(2) Sub-paragraph (1) shall not apply to the carrying out under this Order of emergency works, within the meaning of Part 3 of the 1991 Act.

(3) A consent given for the purpose of sub-paragraph (1) may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

(4) In this paragraph “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.

SCHEDULE 10 — PROTECTIVE PROVISIONS

PART 1 — PROTECTION OF THE MANCHESTER SHIP CANAL COMPANY

1

(1) For the protection of the Manchester Ship Canal Company the following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the undertaker and MSCC, have effect.

(2) In this Part of this Schedule—

“the Bridgewater Canal” means the Bridgewater Canal owned or managed by MSCC or the Bridgewater Canal Company Limited, and includes any works connected with the Bridgewater Canal for the maintenance or operation of which MSCC is responsible and lands held or used by MSCC for the purposes of the Bridgewater Canal;

“the Canals” means the Bridgewater Canal and the Ship Canal;

“construction”, in relation to any specified work or protective work, includes execution, placing, altering, replacing, relaying and removal, and “construct” and “constructed” have corresponding meanings;

“deputy harbour master” means the deputy harbour master appointed by MSCC for the purpose in question;

“detriment” means any physical damage to the Canals wholly or partly caused by the specified works which affects the stability, structure and safety of the Canals and, without limiting the scope of that meaning, includes— the erosion of the bed, banks or walls of the Canals, or the impairment of the stability of any works or lands forming part of the Canals; damage to the wall of the Ship Canal caused by excessive weight being placed on the Ship Canal wall; the silting of the Canals or the deposit of materials in the Canals so as to damage the Canals; the pollution of the Canals; and any alteration in the water level of the Canals, or interference with the supply of water to the Canals, or drainage from the Canals;

“the engineer” means an engineer (whether an employee of MSCC or external consultant) appointed by MSCC for the purpose in question;

“exclusion zone” means an area of land extending 20 metres landwards from either bank of the Ship Canal and an area of land extending 3 metres landwards from either bank of the Bridgewater Canal;

“MSCC” means the Manchester Ship Canal Company and its statutory successors;

“plans” includes sections, drawings, specifications, calculations, soil reports, descriptions (including descriptions of methods of construction), risk assessments and method statements but shall not include the design and appearance of the specified works;

“protective work” means a work which is reasonably necessary to be carried out to minimise or prevent detriment constructed under sub-paragraph 5(3)(a);

“the Ship Canal” means the Manchester Ship Canal owned and managed by MSCC, and includes any works connected with the Ship Canal for the maintenance or operation of which MSCC is responsible and lands held or used by MSCC for the purposes of the Ship Canal;

“specified work” means so much of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way affect, the Canals or either of them; and

“weight limit” means the relevant weight limit for any section of the wall of the Ship Canal that may be affected by any specified work or protective work such weight limit to be approved by the engineer in accordance with the provisions of paragraph 5.

2

The undertaker shall not under the powers conferred by this Order acquire compulsorily any land of MSCC or any easement or other right over such land, other than such land or easements or other rights over such land, as is reasonably necessary for, or in connection with, the construction, maintenance or operation of the works authorised by this Order.

3

The undertaker shall not under the powers conferred by this Order construct in the exclusion zone any bridge piers (and their foundations) to support an approach viaduct to the new bridge except with the written agreement of MSCC which may be withheld by MSCC at its absolute discretion.

4

Where so required by the engineer for the purpose of ensuring the safety of the Canals the undertaker shall, to the reasonable satisfaction of the engineer, fence off any specified work or protective work or take such steps as the engineer may reasonably require to be taken for the purpose of separating a specified work or a protective work from the Canals, whether on a temporary or permanent basis or both.

5

(1) The undertaker shall, before commencing construction of any specified work, including any temporary works, supply to MSCC proper and sufficient plans of that work and such further particulars available to it as MSCC may within 14 days of the submission of the plans reasonably require for the reasonable approval of the engineer and shall not commence the construction of any specified work 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 within 42 days after such plans (including any other particulars reasonably required under sub-paragraph (1)) have been supplied to MSCC 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) When signifying approval of the plans the engineer may specify—

(a) any protective work to be carried out before the commencement of a specified work (whether temporary or permanent) that may be reasonably required to prevent detriment; and

(b) such other requirements as may be reasonably necessary to prevent detriment but not involving alteration to the basic design of the specified works,

and such protective work shall be constructed by the undertaker or (if the undertaker so elects) MSCC without unnecessary delay and the undertaker shall not commence the construction of any specified work until the engineer has notified the undertaker that the protective work has been completed to the engineer’s reasonable satisfaction.

(4) The approval of the engineer under sub-paragraph (3) shall not be unreasonably withheld or delayed, and if by the end of the period of 14 days beginning with the date on which the engineer is notified of the completion of such protective work the engineer has not intimated disapproval and the grounds of disapproval the engineer shall be deemed to have approved the protective work.

(5) MSCC shall at all times afford reasonable facilities to the undertaker and its agents for access to any protective works carried out by MSCC under this paragraph during their construction and shall supply the undertaker with such information as it may reasonably require with regard to such protective works or the method of constructing them.

6

The undertaker shall not impede, obstruct or interfere with, as far as reasonably practicable, the free and uninterrupted and safe use of the Canals or the vessels on the Canals except to the extent that the obstruction or interference has otherwise been agreed by MSCC.

7

The undertaker shall provide and maintain at its own expense in the vicinity of any specified work or protective work such temporary lighting from sunset to sunrise or other periods of adverse visibility and such signal lights for the control of navigation as the deputy harbour master may reasonably require during the construction or failure of the specified work or protective work.

8

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

(a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled by arbitration and with any requirements made under sub-paragraph 5(3)(b);

(b) under the supervision (if given), and in the case of any specified work which directly and physically affects the Canals, to the reasonable satisfaction of the engineer;

(d) in such a manner as to cause no detriment to the walls of the Canals;

(e) so far as is reasonably practicable, so as not to interfere with, delay or obstruct the safe passage of vessels using the Canals except to the extent that such interference, delay or obstruction has otherwise been agreed by MSCC; and

(f) in such a manner as to cause as little inconvenience as is reasonably practicable to MSCC, its officers and agents.

(2) Nothing in this Order shall authorise the undertaker to make or maintain any permanent works in or over the Canals so as to impede or prevent (whether by reducing the headroom or depth of water available for vessels, or the width of the Canals or otherwise) the passage of any vessel along the Canals (unless otherwise agreed in writing by MSCC) such that—

(a) the minimum permanent vertical clearance over the Ship Canal will be maintained at all times at 28.63 metres Above Ordnance Datum and the existing permanent minimum width of the Ship Canal will be maintained at all times at 40 metres; and

(b) the minimum permanent vertical clearance over the Bridgewater Canal will be maintained at all times at 5 metres over the normal water level of 25.260 metres Above Ordnance Datum and the existing permanent minimum width of the Bridgewater Canal will be maintained at all times at 5 metres.

(3) Nothing in this Order shall authorise the undertaker to—

(a) construct or maintain any specified work or protective work which would result in the weight limit of the Ship Canal wall being exceeded; or

(b) use the Ship Canal wall as a load bearing wall or structure for any specified work or protective work.

(4) Nothing in this Order shall authorise the undertaker to construct any specified work or make or maintain any permanent works in the Bridgewater Canal which would impede the free-flow of water in the Bridgewater Canal.

(5) Following the completion of the construction of any specified work the undertaker shall restore the Canals to a condition no less satisfactory than their condition immediately prior to the commencement of those works subject to the presence of the new bridge.

9

(1) The undertaker shall not in the course of constructing any specified work or protective work or otherwise in connection with such works do or permit anything which may result in the deposit of any polluting materials on, in or over the Canals and shall take such steps as the engineer may reasonably require to avoid or make good any breach of its obligations under this paragraph.

(2) Nothing in article 14 (discharge of water) shall authorise the undertaker to discharge (directly or indirectly) surface drainage water into the Canals save that with the written consent of MSCC the undertaker may discharge water directly into the Ship Canal only.

(3) The undertaker shall not in the course of constructing any specified work or protective work or otherwise in connection with such works do or permit anything which may result in the deposit of any other materials in the Canals and shall take such steps as the engineer may reasonably require to avoid or make good any breach of its obligations under this paragraph save that with the written consent of MSCC the undertaker may deposit any other materials into the Ship Canal only.

(4) Any consent of MSCC required under this paragraph shall not be unreasonably withheld or delayed and may be given subject to such terms and conditions as MSCC may reasonably require including—

(a) in the case of a discharge of water into the Ship Canal, concerning the reimbursement by the undertaker of expenses incurred by MSCC in disposing of the water so discharged, being expenses which MSCC would not have incurred but for the discharge;

(b) in the case of a deposit of any other materials, so as to ensure that the use of the Ship Canal is not obstructed or rendered less safe and the reimbursement by the undertaker of additional expenses incurred by MSCC in dredging the Ship Canal, being expenses which MSCC would not have incurred but for the deposit of other materials.

10

(1) The undertaker shall at all reasonable times on being given reasonable notice (except in cases of emergency) allow reasonable facilities to the engineer for access to inspect any specified work during its construction.

(2) The undertaker shall supply the engineer with all such information as the engineer may reasonably require with regard to any specified work or the method of constructing it.

11

(1) If any reasonable alterations or additions, either permanent or temporary, to the Canals are necessary in consequence of the construction of the specified work in order to avoid detriment and MSCC gives to the undertaker reasonable notice (being not less than 28 days) of its intention to carry out such alterations or additions (which shall be specified in the notice), and takes into account any reasonable representations the undertaker may make to the notice within 21 days of receipt of the notice, the undertaker shall pay to MSCC, provided that 28 days’ notice has been given to the undertaker, the cost of those alterations or additions reasonably incurred including, in respect of permanent alterations and additions, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by MSCC in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If the cost of maintaining, working or renewing the Canals is reduced as a consequence of any such alterations or additions referred to in sub-paragraph (1) a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to MSCC under sub-paragraph (1).

12

(1) The undertaker shall, upon completion of any part of a specified work and after the purpose of any temporary works has been accomplished, remove as soon as practicable any temporary works constructed and materials for temporary works placed in, on or over the Canals in connection with that part of the specified work.

(2) All temporary works shall be removed to the reasonable satisfaction of the engineer and in such a way as causes as little detriment or interference as reasonably practicable with, or delay or interruption to, the safe passage of vessels along the Canals.

(3) In the event of any detriment to the Canals or interference with, or delay or interruption to, any vessels on the Canals that is caused by the undertaker’s failure to remove any such temporary works, the undertaker shall immediately make good such damage and pay to MSCC the costs and expenses to which it may be put and the compensation for any loss which it may suffer by reason of such detriment, interference, delay or interruption.

(4) In the event of the undertaker failing to remove the temporary works within a reasonable period after receiving notice from MSCC, MSCC may remove the same and charge the undertaker with the reasonable costs and expenses reasonably incurred as a result.

13

(1) Following the completion of any specified work and any protective work the undertaker and MSCC shall co-operate with each other on the development of a maintenance schedule for the new bridge to reflect, where possible, the maintenance requirements of the undertaker with regards to the new bridge and the operational requirements of MSCC in managing the Ship Canal.

(2) The undertaker and the deputy harbour master shall jointly review the maintenance schedule on a twice yearly basis (on a date to be agreed between the parties) and, acting reasonably, shall agree what reasonable actions (if any) need to be taken to revise the maintenance schedule.

(3) The undertaker shall, before placing any temporary structure or apparatus over the Ship Canal required in connection with the maintenance or repair of the new bridge or renewal of a specified work, comply with the reasonable requirements of MSCC, such requirements to include—

(a) the undertaker providing MSCC with 42 days’ written notice of this requirement so that, in particular, MSCC may bring these works to the attention of users of the Ship Canal;

(b) receiving approval from the deputy harbour master in accordance with the maintenance schedule, which approval shall not be unreasonably withheld or delayed in any event; and

(c) any temporary structure or apparatus being capable of being moved within 45 minutes of the undertaker being instructed to do so by the deputy harbour master to allow the safe movement of vessels along the Ship Canal.

(4) In the case of repair work carried out in an emergency the undertaker shall only be required to give such notice to the deputy harbour master as may be reasonably practicable in the circumstances.

14

If as a result of the construction of any specified work or protective work any part of the towing path or access way beside the Bridgewater Canal, or any public right of way giving access to the Bridgewater Canal, is temporarily closed to pedestrians or cyclists, the undertaker shall provide a substitute path or paths for such time as the closure continues to the satisfaction of the relevant highway authority and MSCC and shall reinstate, on completion of the specified work or protective work, to the same standard and to the satisfaction of the relevant highway authority and MSCC the towing path or access way beside the Bridgewater Canal (such towing path or access way to be of no less width or benefit than the towing path or access way replaced).

15

If at any time after the completion of a specified work, not being a work vested in MSCC, MSCC give notice to the undertaker informing it that the state of maintenance of the specified work appears to be such that the specified work is causing or is likely to cause detriment, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put the specified work in such state of maintenance as not to cause such detriment and if the undertaker fails to do so, MSCC may make and do in and upon the land of the undertaker or MSCC all such works to put the specified work in such state of maintenance as before and the cost, expenses and losses incurred by MSCC in so doing shall be repaid to MSCC by the undertaker.

16

Any reasonable and proper additional expenses not otherwise provided for in this Part of this Schedule which MSCC may incur in maintaining the Canals under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 42 days’ notice of the commencement of such maintenance has been given to the undertaker, be repaid by the undertaker to MSCC.

17

Before providing any illumination or illuminated traffic sign on or in connection with the specified work or in the vicinity of the Canals, the undertaker shall consult with MSCC and comply with MSCC’s reasonable requirements in regard to such lighting with a view to ensuring that—

(a) appropriate navigation lighting will be placed on the new bridge; and

(b) any bridge illuminations will not be directed upstream or downstream into the path of oncoming vessels on the Canals to ensure that such illumination or illuminated signs can not be confused with any lights or lighting used for controlling, directing or securing the safety of vessels on the Canals.

18

(1) If any canal work is abandoned, and is in such a condition that it is, or is likely to become, a danger to or to interfere with navigation, MSCC may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice to remove the work and (to such extent as MSCC reasonably requires) to restore the site to its former condition.

(2) If any canal work is in such condition that it is, or is likely to become, a danger to or to interfere with navigation, MSCC may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice—

(a) to repair and restore the work or part of it; or

(b) if the undertaker so elects, to remove the work and (to such extent as MSCC reasonably requires) to restore the site to its former condition.

(3) If—

(a) a work which consists of a canal work and a non-canal work is abandoned or falls into decay; and

(b) the non-canal work is in such a condition as to interfere with the right of navigation in the Canals or as to interfere with the rights of access or use of land adjacent to the Canals,

MSCC may include the non-canal work, or any part of it, in any notice under this paragraph.

(4) If after such reasonable period as may be specified in a notice under this paragraph the undertaker has failed to begin taking steps to comply with the requirements of the notice or after beginning has failed to make reasonably expeditious progress towards their implementation, MSCC may carry out the works specified in the notice and any costs incurred by MSCC in so doing shall be recoverable from the undertaker.

(5) In this paragraph “canal work” means so much of any specified work or any other work of which the undertaker is in possession under the powers conferred by this Order as is in or over the Canals and “non-canal work” means so much of any such work as is not in or over the Canals.

19

The undertaker shall repay to MSCC all costs, charges and expenses reasonably and properly incurred by MSCC—

(a) in constructing any protective work under the provisions of paragraph (5)(3)(a) including, in respect of any permanent protective work, a capitalised sum representing the cost of maintaining and renewing those works;

(b) in respect of the employment of any inspectors, watchguards and other persons whom it is reasonably necessary to appoint for inspecting, watching and lighting any part of the Canals affected by any specified work or protective work and for preventing as far as may be practicable all interference, obstruction, danger or accident arising from the construction, maintenance, renewal, repair or failure of the specified work or any protective work;

(c) in respect of any special navigation or traffic procedures resulting from any restrictions which are necessary as a result of the construction, maintenance, renewal, repair or failure of the specified work and which may in the reasonable opinion of the engineer be required to be imposed or from the suspension of navigation or traffic which may be necessary for the same reasons;

(d) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of any specified work or any protective work; and

(e) in bringing the specified work or any protective work to the notice of users of the Canals.

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