The River Mersey (Mersey Gateway Bridge) Order 2011

• (e) for the recovery, safe custody and re-delivery or disposal of any property or vehicles left on the new crossing and for fixing the charges made in respect of any such property or vehicles;

• (f) to prohibit vehicles from stopping or remaining at rest in prescribed places on the bridge roads or elsewhere in or about the new crossing, except in prescribed circumstances;

• (g) to require any person in charge of a vehicle which is at rest by reason of breakdown in a prescribed place on any of the bridge roads to take prescribed steps for reporting that fact and the position and circumstances in which the vehicle is at rest;

• (h) to prohibit any person, other than a constable or an appointed person—

• (i) from carrying out, or attempting to carry out, a repair, adjustment or refuelling of such a vehicle to which sub-paragraph (g) applies except with permission expressly given by a constable or an appointed person; and

• (ii) from moving, or attempting to move, such a vehicle from the position in which it is at rest;

• (i) to prohibit persons from carrying out, or attempting to carry out, a repair, adjustment or refuelling of a vehicle;

• (j) to empower a constable or an appointed person to remove from its position to a prescribed area a vehicle which is for the time being at rest in a prescribed place on any bridge road—

• (i) in contravention of the byelaws;

• (ii) by reason of breakdown;

• (iii) without any person being in charge of it; or

• (iv) with the person in charge of it not being present in or on it;

• (k) in the case of a vehicle which is so removed or which at the request of the person in charge of it is repaired, adjusted or refuelled (instead of being removed) by an appointed person, to require the prescribed person to pay a charge of an amount to be determined in accordance with such scales and other provisions as may be prescribed;

• (l) to prohibit a person from obstructing any action taken by a constable or an appointed person for the purpose of removing a vehicle in accordance with the byelaws;

• (m) to ensure the safety of vehicles passing over the new crossing; and

• (n) to restrict and regulate the passage of dangerous goods or traffic on the new crossing.

• (3) Byelaws under this article may—

• (a) designate places on the new crossing at which tolls (other than tolls with respect to which a prepayment has been made) are to be paid or become due to be paid;

• (b) make provision as to the persons by whom, and the manner in which, such tolls or other charges are to be paid;

• (c) make provision for securing that vehicles in respect of which tolls are payable do not use the new crossing without payment of the tolls; and

• (d) make provision for preventing a vehicle which—

• (i) having used the new crossing; or

• (ii) being about to use the new crossing,

has arrived at the place at which a toll is payable in respect of it from proceeding beyond that place without a toll having been paid.

• (4) Byelaws made under this article shall provide for a notice specifying—

• (a) the categories of vehicles in respect of which tolls are payable; and

• (b) the amount of the tolls in respect of each category,

to be displayed at each place designated in accordance with sub-paragraph (3)(a).

• (5) Byelaws under this article may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (6) Without prejudice to paragraph (5), where the undertaker considers it expedient to do so it may prosecute legal proceedings in respect of offences under this Order.

• (7) Without prejudice to paragraph (5), a person who without reasonable excuse—

• (a) refuses or fails to pay a toll for which that person is liable; or

• (b) attempts to evade payment of such a toll,

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

• (8) Without prejudice to the taking of proceedings for an offence included in byelaws by virtue of paragraph (5), if the contravention of, or failure to comply with, any byelaw under this article is attended with danger or annoyance to the public or the undertaker or hindrance to the undertaker in the operation of the new crossing, the undertaker may summarily take action to obviate or remove the danger, annoyance or hindrance.

• (9) Byelaws under this article shall not come into operation until they have been confirmed by the Secretary of State.

• (10) At least 28 days before applying for any byelaws to be confirmed under this article, the undertaker shall publish in such manner as may be approved by the Secretary of State a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the time during which a copy of the byelaws will be open to public inspection; and any person affected by any of the byelaws may make representations on them to the Secretary of State within a period specified in the notice, being a period of not less than 28 days.

• (11) For at least 28 days before an application is made under this article for byelaws to be confirmed, a copy of the byelaws shall be kept at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment.

• (12) The undertaker shall, at the request of any person, supply that person with a copy of any such byelaws on payment of such reasonable sum as the undertaker may determine.

• (13) The Secretary of State may confirm with or without modification, or may refuse to confirm, any of the byelaws submitted under this article for confirmation and, as regards any byelaws so confirmed, may fix a date on which the byelaws shall come into operation; and if no date is so fixed the byelaws shall come into operation after the expiry of 28 days after the date on which they were confirmed.

• (14) The Secretary of State may charge the undertaker such fees in respect of any byelaws submitted for confirmation under this article as the Secretary of State may consider appropriate for the purpose of defraying any administrative expenses incurred by the Secretary of State in connection with such confirmation.

• (15) A copy of the byelaws when confirmed shall be printed and deposited at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment, and the undertaker shall, at the request of any person, supply that person with a copy of any such byelaws on payment of such reasonable sum as the undertaker shall determine.

• (16) The production of a printed copy of byelaws confirmed under this article on which is endorsed a certificate purporting to be signed by a person duly authorised by the undertaker stating—

• (a) that the byelaws were made by the undertaker;

• (b) that the copy is a true copy of the byelaws;

• (c) that on a specified date the byelaws were confirmed by the Secretary of State; and

• (d) the date when the byelaws came into operation,

shall be rebuttable evidence of the facts stated in the certificate.

• (17) The provisions of the Road Traffic Offenders Act 1988[^f00022] in relation to evidence shall apply to the prosecution of offences under this provision.

• (18) Byelaws made under this article may be varied or revoked by subsequent byelaws and byelaws made under this article may also vary or revoke any byelaws made under any other provision in respect of the new crossing at any time.

• (19) In this article—

• “appointed person” means a person appointed by the undertaker who may only act as such when wearing a uniform of a description approved by the undertaker;

• “breakdown” in relation to a vehicle, includes mechanical defect, lack of fuel, oil or water required for the vehicle, and any other circumstances in which a person in charge of the vehicle could not immediately, safely and without damage to the vehicle or its accessories, drive it under its own power away from the new crossing; and

• “prescribed” means prescribed by byelaws made under this Order.

PART 5 — TOLLING, CONCESSION AND FINANCING ARRANGEMENTS

Power to charge tolls

41

• (1) The undertaker may charge tolls or charges for the passage of vehicles over the new crossing or for any other services or facilities provided in connection with the new crossing.

• (2) The power to charge tolls or charges referred to in paragraph (1) shall include the power to charge, set, demand, take, recover and waive tolls or charges (or any part of such tolls or charges) and the power to suspend the charging of tolls or charges in whole or in part.

• (3) The power to charge tolls or charges shall commence with the opening day but this limitation shall not affect the ability to set tolls or charges prior to that date.

• (4) Where tolls or charges payable under or by virtue of this Order remain unpaid after they have become due for payment, the person to whom they are payable may recover from the person liable to pay them the amount of the tolls or charges together with all other reasonable costs and expenses including administrative expenses, enforcement expenses and interest arising out of any such failure to pay.

• (5) The undertaker may appoint any person to collect tolls or charges as its agent.

• (6) Schedule 11 (level of tolls) shall have effect and the tolls chargeable in respect of any vehicle or class of vehicles shall be determined and revised in accordance with Part 1 of that Schedule.

• (7) The person by whom tolls under this Order and penalty charges imposed in connection with this Order are payable in respect of a motor vehicle is the registered keeper.

• (8) The undertaker shall establish and maintain an exemptions register in accordance with Schedule 12 (register of vehicles exempt from tolls).

• (9) Tolls may not be charged in respect of vehicles where the particulars of the vehicle in question have been entered upon the exemptions register.

• (10) The tolls or charges charged in accordance with this article may be applied by the undertaker—

• (a) in paying the costs and expenses incurred in designing, constructing, managing, operating and maintaining the new crossing and in managing, operating and maintaining the Silver Jubilee Bridge or any costs associated with financing any of the same;

• (b) in providing such funds as are, or are likely to be, necessary to discharge the obligations of the undertaker pursuant to a concession agreement;

• (c) in paying the interest on, and repaying the principal of, monies borrowed in respect of the new crossing or the Silver Jubilee Bridge;

• (d) in making payment into any maintenance or reserve fund provided in respect of the new crossing and the Silver Jubilee Bridge;

• (e) in making payments to the undertaker’s general fund for the purpose of directly or indirectly facilitating the achievement of policies relating to public transport in its local transport plan, or for other purposes relating to transport;and

• (f) in providing funds for, meeting expenses incurred in, or the cost of securing any necessary authority or consent for, constructing or securing the construction, maintenance and operation of, the new crossing or securing the maintenance or operation of the Silver Jubilee Bridge (as the case may be) or works to the Silver Jubilee Bridge.

• (11) The undertaker shall not apply any of the tolls or charges for the purposes mentioned in sub-paragraphs (e) and (f) of paragraph (10)—

• (a) in a manner that would contravene Directive 1999/62/EC of the European Parliament and of the Council of 17th June 1999[^f00023] on the charging of heavy goods vehicles for the use of certain infrastructure as amended by Directive 2006/38/EC of the European Parliament and of the Council of 17th May 2006[^f00024] and Council Directive 2006/103/EC of 20th November 2006[^f00025]; or

• (b) unless it is satisfied that it has applied for the purposes of sub-paragraphs (a) to (d) of that paragraph sufficient funds to ensure the safe, efficient and economic management, operation and maintenance of the new crossing in accordance with all applicable statutory requirements.

• (12) Where any scheme of discounts or waivers is proposed in respect of tolls payable or prospectively payable under this Order the undertaker shall in deciding to adopt or apply any such scheme have regard to the most appropriate way of providing the benefits of such a scheme to those socio-economic groups within the Borough of Halton least able to afford the full price of tolls.

Payment of tolls

42

• (1) Subject to paragraphs (5) and (11) of this article a toll imposed by this Order, the amount of which is determined in accordance with Schedule 11 (level of tolls), shall be paid by such method as may be specified by the undertaker or such other method as the undertaker may in the particular circumstances of the case accept.

• (2) Without limiting the scope of paragraph (1), except where the undertaker elects in accordance with paragraph (5), tolls may be payable—

• (a) when demanded by a person authorised by the undertaker or its agent in that behalf at a place designated by the undertaker for the collection of tolls; or

• (b) by inserting the appropriate payment for a toll at any appropriate collection point.

• (3) The undertaker or its agent may enter into an agreement (“composition agreement”) under which persons compound, on such terms as may be provided by the agreement, for the payment of tolls in respect of the use of the new crossing.

• (4) A composition agreement may relate to use on such number of occasions or during such period as may be provided by the agreement.

• (5) Where the condition described in paragraph (13) applies the undertaker may elect that, instead of any other method of payment, tolls shall be payable by means of entering into a composition agreement in which case the undertaker may require that method to apply exclusively.

• (6) Without limiting the scope of paragraph (4), a composition agreement may be entered into for one of the following periods—

• (a) the duration of a single journey;

• (b) a number of single journeys specified in the composition agreement;

• (c) a single day or any number of single days;

• (d) a period of 5 or 7 consecutive days;

• (e) a period of a single month; or

• (f) a period of one year.

• (7) Where the undertaker has elected pursuant to paragraph (5) that the exclusive method of paying tolls shall be by means of entering a composition agreement, such a composition agreement may be entered into—

• (a) on the day concerned, the first day concerned or (where it relates to a single journey) the day of the journey concerned;

• (b) on a day falling within the period of 64 days immediately preceding the day concerned, the first day concerned, or (where it relates to a single journey) the day of the journey concerned; or

• (c) on the day after the day concerned, the first day concerned, or (where it relates to a single journey) the day of the journey concerned.

• (8) The following provisions shall apply to composition agreements—

• (a) a composition agreement shall be specific to a particular vehicle;

• (b) that vehicle shall be identified by its registration mark; and

• (c) a person entering into a composition agreement with the undertaker shall specify to the undertaker or its agent the registration mark of the vehicle to which the composition agreement relates.

• (9) Where a composition agreement is entered into or purported to be entered into, and payment is to be made to the undertaker otherwise than in cash, and payment is not received by the undertaker or its agents (whether because a cheque is dishonoured or otherwise), the toll or tolls to which the composition agreement relates shall be treated as not paid and the composition agreement shall be void.

• (10) The undertaker may require a vehicle that is subject to a composition agreement to display a document in that vehicle or carry in or fix equipment to that vehicle.

• (11) The undertaker may impose such reasonable conditions upon the making of a composition agreement as it considers appropriate including in relation to the transfer of the benefit of composition agreements or refund of payments.

• (12) Where any composition agreement provides for a discount or waiver of any toll or part of any toll calculated solely by reference to the use of the new crossing—

• (a) for a number of journeys; or

• (b) for any period,

users of the new crossing or prospective users of the new crossing shall not be prevented from entering into such a composition agreement by reason of their place of residence or business.

• (13) The condition referred to in paragraph (5) is fulfilled when the method of payment for use of the new crossing is not secured by the use of barriers preventing vehicles from proceeding until a toll is paid.

Power to enter into concession agreements and lease or transfer the undertaking, etc.

43

• (1) The undertaker may, on such terms as it sees fit, at any time and for any period, enter into one or more concession agreements and for that purpose may provide for the exercise of the powers of the undertaker in respect of the authorised activities or any part of them, together with the rights and obligations of the undertaker in relation to them, by any other person and other matters incidental or subsidiary to them or consequential to them, and the defraying of, or the making of contributions towards the costs of the matters whether by the undertaker or any other person.

• (2) The undertaker may, with the consent of the Secretary of State, transfer, sell, lease, charge or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of the new crossing and any land held in connection with the new crossing or the right to operate the authorised works under this Order.

• (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.

Saving for Trinity House and protection of navigation

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”;

• (c) for the words “part proposed” there shall be substituted the words “right proposed”; and

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

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);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

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

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

7

Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority 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

SCHEDULE 8 — PROTECTION OF NAVIGATION

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.

Provision against danger to navigation

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.