The London Underground (Northern Line Extension) Order 2014

• (b) suspend or convert the operation of the bus lanes on the roads specified in column (1) of Part 2 of Schedule 9, along the lengths, between the points and to the extent specified in columns (2) and (3) of that Part of that Schedule, for the purposes specified in column (4) of that Part of that Schedule;

• (c) suspend or install the pedestrian crossings on the roads specified in column (1) of Part 3 of Schedule 9, at the locations specified in columns (2) and (3) of that Part of that Schedule, for the purposes specified in column (4) of that Part of that Schedule; and

• (d) so far as may be necessary or expedient for the purposes of or in connection with construction of the authorised works—

• (i) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

• (ii) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

• (iii) suspend or authorise the use as a parking place of any road;

• (iv) make provision as to the direction or priority of vehicular traffic on any road; and

• (v) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by LUL.

• (2) The powers conferred by paragraph (1)(d) may only be exercised after LUL has consulted the chief officer of police, the traffic authority and such other persons as it considers necessary and appropriate, after LUL has taken into consideration any representations made to it by any such persons and after LUL has obtained the consent of the traffic authority in whose area the road concerned is situated (which must not be unreasonably withheld).

• (3) LUL must not exercise the powers conferred by this article in relation to any road unless it has—

• (a) given not less than 4 weeks’ notice in writing of its intention to do so to the chief officer of police and to the traffic authority in whose area the road is situated; and

• (b) advertised its intention in such manner as the traffic authority may, within 7 days of its receipt of notice of LUL’s intention, specify in writing.

• (4) Any prohibition, suspension or other provision made by LUL under paragraph (1) has effect as if duly made by, as the case may be—

• (a) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

• (b) the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 9) to which the prohibition, restriction or other provision is subject.

• (5) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by LUL from time to time by subsequent exercise of the powers conferred by paragraph (1).

• (6) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

• (7) The powers conferred on LUL by this article with respect to any road have effect subject to any agreement entered into by LUL with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

Powers of disposal, agreements for operation, etc.

41

• (1) LUL may, with the consent of the Mayor of London sell, lease, charge or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of the authorised works and any land held in connection with them.

• (2) Without limitation on the scope of paragraph (1), LUL may enter into and carry into effect agreements with respect to any of the following matters, namely, the construction, maintenance, use and operation of the authorised works, or any part or parts of them, by any other person, and other matters incidental or subsidiary to, or consequential on those matters, and the defraying of, or the making of contributions towards, the cost of those matters by LUL or any other person.

• (3) Any agreement under paragraph (2) may provide, amongst other things, for the exercise of the powers of LUL in respect of the authorised works or any part of them, and for the transfer to any person of the authorised works or any part of them together with the rights and obligations of LUL in relation to them.

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

• (5) Sections 163 (restrictions on disposal of land) and 207(2) (restrictions on contracting out certain services) of the Greater London Authority Act 1999⁴⁶ do not apply to the disposal of any freehold interest in land or the grant of a leasehold interest in land where consent for such disposal or grant is required under paragraph (1).

Application of landlord and tenant law

42

• (1) This article applies to any agreement for leasing to any person the whole or any part of the authorised works or the right to operate those works, and any agreement entered into by LUL with any person for the construction, maintenance, use or operation of the authorised works, or any part of them, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

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

• (3) No such enactment or rule of law applies 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.

Defence to proceedings in respect of statutory nuisance

43

• (1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990⁴⁷ (summary proceedings by person aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1)⁴⁸ of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order is to be made, and no fine is to be imposed, under section 82(2) of that Act if the defendant shows—

• (a) that the nuisance relates to premises used by LUL for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to the authorised works and that the nuisance is attributable to the carrying out of the authorised works which are being carried out in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61⁴⁹ (prior consent for work on construction sites) or section 65⁵⁰ (noise exceeding registered level), of the Control of Pollution Act 1974⁵¹; or

• (b) that the nuisance is a consequence of the operation of the authorised works and that it cannot reasonably be avoided.

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

• (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),

do not apply where the consent relates to the use of premises by LUL for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.

• (3) The provisions of this article do not affect the application to the authorised works of section 122 of the Railways Act 1993⁵² (statutory authority as a defence to actions in nuisance, etc.) or any rule of common law having similar effect.

Disclosure of confidential information

44

A person who—

• (a) enters a factory, workshop or workplace under the provisions of article 18 (protective works to buildings) or article 20 (power to survey and investigate land, etc.); and

• (b) discloses to any person any information obtained as a result of that entry and relating to any manufacturing process or trade secret,

is 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 the person was authorised to enter the land.

Certification of plans, etc.

45

LUL must, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited plans and the deposited sections to the Secretary of State for certification that they are respectively, true copies of the book of reference, the deposited plans and the deposited sections, and a document so certified is admissible in any proceedings, as evidence of the contents of the document of which it is a copy.

Service of notices

46

• (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 1978⁵³ (references to service by post) 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 is 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 must provide such a copy as soon as reasonably practicable.

• (7) Any consent to the use of electronic communication 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 must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

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

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

No double recovery

47

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Arbitration

48

Any difference under any provision of this Order, unless otherwise provided for, must 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

• In the London Boroughs of Southwark and Lambeth Work No. 1 —A railway 975 metres in length located in a single bored tunnel structure. The railway commences at a step-plate junction with the London Underground Northern line at a point below De Laune Street and Kennington Park Road 80 metres north-east along De Laune Street from the junction with Harmsworth Street and terminates at a point below Claylands Road 9 metres south-east along Claylands Road from the junction with Trigon Road. The route crosses beneath Harmsworth Street and Kennington Park Place before continuing beneath Kennington Park. The route then crosses beneath Brixton Road, Camberwell Road and Kennington Park Road, terminating at Claylands Road. Work No. 1 includes a temporary gallery tunnel for the construction by the spray concrete lining method of Work No. 1 from Kennington Park to the step-plate junction. This single temporary tunnel commences at a point beneath De Laune Street 92 metres north-east from the junction between De Laune Street and Harmsworth Street and terminates at a point beneath the north-east corner of Kennington Park at Kennington Park Place.

• In the London Borough of Lambeth Work No. 2 — A railway 848 metres in length located in a single bored tunnel structure. The railway commences at a step-plate junction with the London Underground Northern line at a point below Cleaver Square, Radcot Street and Kennington Park Road 31 metres south-east and 39 metres north-east from the junction of Radcot Street and Methley Street and terminates at a point 20 metres north-east of Claylands Road. The route crosses beneath Radcot Street, Ravensdon Street and Kennington Road before passing beneath Kennington Green, Clayton Street, Bowling Green Street and Kennington Oval (Road) and then terminates near Claylands Road. Work No. 2 includes a temporary gallery tunnel for the construction by the spray concrete lining method of Work No. 2 from Kennington Green to the step-plate junction. This single temporary tunnel commences at a point beneath Cleaver Square 51 metres north-east and 13 metres south-east from the junction of Radcot Street and Methley Street and terminates at a point beneath the south corner of Kennington Green.

• In the London Boroughs of Lambeth and Wandsworth Work No. 3 — A railway 2,300 metres in length located in two parallel bored tunnel structures, including a number of cross-passages (incorporating pump stations in some cases) between the tunnel structures. The railway commences at a point 20 metres north-east of Claylands Road and terminates at a point beneath Prince of Wales Drive 49metres north-west of Battersea Park Road. The work includes two new stations: Nine Elms station is to be constructed on land adjacent to the north side of Pascal Street and Battersea station is to be constructed on land north of Battersea Park Road and south of the disused Battersea Power Station. The stations include two ventilation shafts each, that may extend to a height of 71 metres above Ordnance Datum at Nine Elms and 60.5 metres above Ordnance Datum at Battersea through future commercial developments above the stations or, in the absence of these, to a height of 9.5 metres and 11.6 metres above Ordnance Datum for the two ventilation shafts at Nine Elms and 14.49 metres and 19.3 metres above Ordnance Datum for the two ventilation shafts at Battersea. From Claylands Road the route westwards crosses beneath Cottingham Road, Fentiman Road, Meadow Road, Old South Lambeth Road, South Lambeth Road, Wilcox Road and Wandsworth Road and is approximately parallel to Pascal Street at Nine Elms station. From Nine Elms station the route continues westwards beneath parts of New Covent Garden Market, a railway viaduct, Nine Elms Lane, Cringle Street, Kirtling Street and is parallel to Battersea Park Road at Battersea station. From Battersea station the route crosses beneath two further existing railways and the Battersea Dogs and Cats Home, terminating at a point beneath Prince of Wales Drive.

• In the London Boroughs of Southwark and Lambeth Work No. 4a — A cross-passage between the London Underground Northern line southbound platform tunnels at Kennington station located beneath Kennington Park Road 41 metres north-east from the junction with Kennings Way. Work No. 4b — A cross-passage between the London Underground Northern line southbound platform tunnels at Kennington station located beneath Kennington Park Road 109 metres north-east from the junction with Kennings Way. Work No. 4c — A cross-passage between the London Underground Northern line northbound platform tunnels at Kennington station located beneath Kennington Park Road 92 metres north-east from the junction with Kennings Way. Work No. 4d — A cross-passage between the London Underground Northern line northbound platform tunnels at Kennington station located beneath Kennington Park Road 39 metres north-east from the junction with Kennings Way.

• In the London Borough of Lambeth Work No. 7 — A ventilation and intervention shaft located above Work No. 1 in Kennington Park on the corner of Kennington Park Place and St. Agnes Place including an underground connecting adit, a substation and a head house. Work No. 8 — A ventilation and intervention shaft located above Work No. 2 in Kennington Green including an underground connecting adit and a head house located on land at the corner of Kennington Road and Montford Place within the gin distillery.

• In the London Borough of Wandsworth Work No. 9 — A temporary road 65 metres in length commencing at its junction with Battersea Park Road before crossing Work No. 3 at the Battersea station site. The temporary road is located 20 metres west of Savona Street. Work No. 10 — A temporary conveyor belt 420 metres in length with a side branch of 30 metres to a loading hopper, commencing at a point 68 metres north of Battersea Park Road, located within land adjacent to the former Battersea Power Station, and terminating at the eastern end of the existing Battersea Power Station jetty in the River Thames, including a temporary access road, temporary access onto the jetty and a temporary loading conveyor along the length of the jetty together with such temporary or permanent modifications to the jetty and its cranes (including their temporary removal if necessary) as may be required to facilitate the loading of barges and dredging of the River Thames to permit the loading of excavated material onto barges moored alongside the jetty.

SCHEDULE 2 — STREETS TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of temporary stopping up
London Borough of Southwark	Kennington Park Place	130 metres of footway on the southern side of the street from a point 15 metres west of the junction with De Laune Street to a point 130 metres east of that point
	St Agnes Place	12 metres of footway on the northern side of the street from the intersection with Kennington Park Place
London Borough of Lambeth	Kennington Road (A23)	80 metres of the northbound lane adjacent to the eastern side of the Kennington Green work site between the northern and southern edges of the Green
	Kennington Green	All footways around and adjoining Kennington Green
	Kennington Road	18 metres of road and footway between its intersection with Montford Place and the Beefeater Gin distillery access (including suspension of 2 parking places)
	Kennington Road	Road comprising 4 parking places on the northern edge of Kennington Green
	Kennington Road	Road comprising 8 parking places on the western edge of Kennington Green
	Wandsworth Road	70 metres of footway on the western side of Wandsworth Road from its junction with Pascal Street, adjacent to the Nine Elms station work site
	Pascal Street	120 metres of footway and 1 parking bay on the northern side of Pascal Street adjacent to the Nine Elms work site

SCHEDULE 3 — 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 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 and in the case of the imposition of a restrictive covenant, as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973⁵⁴ has 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 from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

• (b) for the words “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

• (3) For section 58(1)⁵⁵ (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, substitute—

(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether— (a) a right over or a restrictive covenant affecting land consisting of a house, building or manufactory can be taken or imposed without material detriment or damage to the house, building or manufactory; or (b) a right over or a restrictive covenant affecting land consisting of a park or garden belonging to a house can be taken or imposed without seriously affecting the amenity or convenience of the house, the Upper Tribunal must take into account not only the effect of the acquisition of the right or the imposition of the restrictive covenant but also the use to be made of the right or restrictive covenant proposed to be acquired or imposed, and, in a case where the right or restrictive covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

Application of the 1965 Act

3

• (1) The 1965 Act has 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, or to the imposition under this Order of a restrictive covenant, 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 the restrictive covenant imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable or the restrictive covenant is or is to be enforceable.

• (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right, or in relation to the imposition of a restrictive covenant, 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) substitute —

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant 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) substitute —

(8) (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, or a restrictive covenant affecting, 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 or the imposition of the restrictive covenant 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 land, and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, the London Underground (Northern Line Extension) Order 2014⁵⁶ (“the Order”) in relation to that person, ceases to authorise the purchase of the right or the imposition of a restrictive covenant and is 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 is deemed to have been served in respect of that interest on such date as the tribunal directs. (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 is to 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 affects 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),

are modified so 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 or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7

Section 11⁵⁷ of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, it has power, exercisable in the equivalent circumstances and subject to the equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12⁵⁸ (penalty for unauthorised entry) and 13⁵⁹ (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20⁶⁰ of the 1965 Act (protection for interests of tenants at will, etc.) applies 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 or the enforcement of the restrictive covenant in question.

9

Section 22 of the 1965 Act (interests omitted from purchase) is modified so 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 or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

SCHEDULE 4 — ACQUISITION OF SUBSOIL AND NEW RIGHTS ONLY

PART 1 — LAND IN WHICH ONLY SUBSOIL OR NEW RIGHTS OVER SUBSOIL MAY BE ACQUIRED

(1) Area	(2) Number of land shown on the deposited plans
London Borough of Wandsworth	20030, 20040, 20050, 20060, 20075, 20100, 20102, 20111, 20115, 20126, 20150, 20170, 20178, 20185, 20240, 20285, 20325, 20335 20340, 20345, 20365, 20370, 20375, 20380, 20385, 20405, 20410, 20425, 20430, 20450, 20465, 20471, 20475, 20480, 20500, 20505, 30006, 30010, 30015, 30020, 30025, 30045, 30046, 30050, 30055, 30060, 30080, 30085, 30105, 30120, 30125, 30135, 30145, 30165, 30170, 30180, 30185, 30220, 30236, 30240, 30270, 30295, 30300, 30315, 30325, 30340, 30342, 30351, 30356, 30367, 30370 and 40010.
London Borough of Lambeth	40021, 40022, 40165, 40195, 40205, 40215, 40225, 40235, 40245, 40255, 40265, 40275, 40285, 40295, 40305, 40315, 40325, 40335, 40360, 40370, 40375, 40380, 40385, 40390, 40395, 40400, 40405, 40410, 40415, 40420, 40425, 40430, 40435, 40440, 40445, 40450, 40465, 40480, 40505, 40510, 40530, 40540, 40565, 40580, 40590, 40600, 40610, 40611, 40615, 40620, 40625, 40630, 40635, 40640, 40645, 40655, 40670, 40675, 40680, 40691, 40695, 40700, 40765, 40770, 40775, 40780, 40785, 40790, 40795, 40805, 40815, 40825, 40840, 40841, 40851, 40856, 40870, 40880, 40885, 40890, 40895, 40900, 40925, 40935, 40940, 40945, 40950, 40955, 40960, 40970, 40985, 40995, 41000, 41005, 41015, 41025, 41035, 41045, 41055, 41065, 41075, 41085, 41090, 41099, 41100, 41105, 41110, 41115, 41120, 41125, 41130, 41135, 41140, 41150, 41160, 41170, 41180, 41190, 41200, 41240, 41250, 41260, 41270, 41280, 41290, 41300, 41310, 41320, 41330, 41340, 41345, 41350, 41355, 41360, 41370, 41380, 41390, 41400, 41405, 41410, 41415, 41420, 41425, 41430, 41435, 41440, 41450, 41460, 41470, 41480, 41490, 41506, 41510, 41525, 41535, 41545, 41550, 41555, 41560, 50010, 50011, 50020, 50030, 50040, 50050, 50060, 50070, 50080, 50090, 50095, 50100, 50105, 50110, 50115, 50120, 50130, 50140, 50160, 50175, 50180, 50191, 50195, 50200, 50205, 50230, 50240, 50250, 50270, 50280, 50290, 50300, 50315, 50325, 50335, 50345, 50355, 50365, 50375, 50385, 50390, 50395, 50400, 50405, 50410, 50420, 50430, 50440, 50450, 50460, 50470, 50480, 50490, 50500, 50505, 50511, 50515, 50516, 50535, 50545, 50546, 50570, 50580, 50590, 50600, 50610, 50615, 50620, 50625, 50635, 50641, 50650, 50660, 50665, 50670, 50675, 50680, 50685, 50690, 50695, 50700, 50705, 50720, 50730, 50740, 50765, 50770, 50780, 50790, 50800, 50815, 50825, 50835, 50845, 50855, 50865, 50880, 50890, 50900, 50910, 50920, 50930, 50935, 50945, 50950, 50960, 50965, 50975, 50985, 50995, 51005, 51015, 51030, 51045, 51060, 51080, 51085, 51120, 51125, 51130, 51135, 51140, 51170, 51180, 51190, 51200, 51210, 51220, 51230, 51240, 51250, 51273, 51280, 51295, 51315, 51320, 51350, 51360, 51375, 51390, 51401, 51405, 51410, 51411, 51415, 51420, 51425, 51430, 51440, 51450, 51480, 51485, 51490, 51495, 51520, 51525, 51540, 60015, 60025, 60040, 60045, 60075, 60090, 60105, 60120, 60135, 60140, 60160, 60175, 60190, 60200, 60210, 60215, 60255, 60265, 60316, 60321, 60335, 60365 60370, 60380, 60385, 60410, 60420, 60440, 60450, 60465, 60475, 60495, 60505, 60515, 60535, 60540, 60545, 60560, 60570, 60575, 60590, 60600, 60610, 60615, 60620, 60625, 60630, 60645, 60655, 60665, 60710, 60720, 60725, 60730, 60735, 60740, 60745, 60750, 60760, 60770, 60810, 60815, 60820, 60825, 60830, 60840, 60850, 60859, 60885, 60890, 60900, 60910, 60955, 60975, 60980, 60990, 60995, 61005, 61010, 61020, 61025, 61035, 61040, 61045, 61050, 61055, 61060, 61065, 61070, 61080, 61142, 61155, 61160, 61165, 61170, 61175, 61180, 61190, 61200, 61210, 61215, 61260, 61275, 61280, 61285, 61290, 61295, 61300, 61305, 61310, 61315, 61320, 61325, 61335, 61345, 61360, 61375, 61390, 61400, 61420, 61430, 61455, 61465, 61475, 61540 and 70005.
London Borough of Southwark	61500, 61510, 61545, 61550, 61555, 61565, 61575, 61625, 61635, 61645, 61655, 61665, 61675, 61680, 61685, 61695, 61710, 61720, 61730, 61740, 61750, 61760, 61770, 61825, 61830, 61840, 61850, 61860, 61870, 61880, 61890, 61900, 61910, 61915, 61930, 61940, 61950, 61960, 61970, 61980, 61990, 62000, 62018, 62020, 62025, 62030, 62035, 62040, 62045, 62050, 62065, 62070, 62075, 62080, and 70010.

PART 2 — LAND OVER WHICH ONLY NEW RIGHTS MAY BE ACQUIRED

(1) Area	(2) Number of land shown on the deposited plans
London Borough of Wandsworth	10055, 10056, 10057, 10058, 10059, 20205, 20266, 30331 and 30332.

PART 3 — LAND OVER WHICH ONLY NEW RIGHTS MAY BE ACQUIRED AT SURFACE LEVEL OR ABOVE

(1) Area	(2) Number of land shown on the deposited plans
London Borough of Lambeth	60280 and 61470.

SCHEDULE 5 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Number of land shown on the deposited plans	(3) Purpose for which temporary possession may be taken	(4) Authorised works
River Thames, Jetty and Battersea Power Station site	10005, 10006, 10040, 10050, 10051, 10052, 10053 and 10054	Work site, jetty access	Work Nos. 3 and 10
Railway track and adjacent land, Battersea	10008, 10009, 10010, 10015 and 10020	Work site access	Work No. 3
Battersea Power Station site	10060, 10061, 10062, 10063 and 10064	Temporary work site	Work No. 3
Railway track and railway bridge	20180, 20185, 20190, 20195 and 20196	Railway protective measures and street works	Work No. 3
Land adjacent to Battersea Park Road	20210, 20220, 20226, 20230 and 20240	Work site	Work No. 3
Land forming and adjacent to Battersea Park Road	20197 and 20225	Work site, accommodation works and street works	Work No. 3
Land adjacent to Battersea Power Station	20260, 20265, 20270 and 20275	Work site	Work No. 10
Land adjacent to Battersea Power Station	20245 and 20255	Work site	Work Nos. 3 and 10
Battersea Dogs and Cats Home and adjacent land, including railway arches	20065, 20070, 20080, 20085, 20090, 20095, 20101, 20105, 20106, 20107, 20108, 20110, 20120, 20121, 20122, 20123, 20125, 20130, 20135, 20140, 20145, 20155, 20159, 20160, 20161, 20162, 20165, 20174, 20175, 20176, 20177, 20178 and 20179	Work site and accommodation works	Work No. 3
Railway and land adjacent to railway, Battersea Dogs and Cats Home	20060, 20075, 20100, 20102, 20111, 20115, 20126, 20150 and 20170	Work site and accommodation works	Work No. 3
Land adjacent to Railway, New Covent Garden Market and land forming and adjacent to Pascal Street	30350, 30351, 30355, 30356, 30360, 30365, 30367, 30369, 30370, 30375, 40005, 40010, 40015, 40021, 40022, 40131 and 40170	Work site and accommodation works	Work No. 3
Land adjacent to Kirtling Street	30070	Access for protective works	Work No. 3
Post Office Way, land adjacent to Post Office Way and land adjacent to Ponton Road	30191, 30205, 30245 and 30285	Access for protective works	Work No. 3
Land adjacent to Wandsworth Road	40150 and 40155	Work site	Work No. 3
Land forming and adjacent to Pascal Street	40025, 40026, 40031, 40062, 40076, 40086, 40125, 40126 and 40130	Street works	Work No. 3
Land forming and adjacent to Bramley Crescent	40065 and 40080	Access for protective works	Work No. 3
Luscombe Way and car park adjacent to Luscombe Way	40345 and 40350	Access for protective works	Work No. 3
Car parking and private road	40520	Access for protective works	Work No. 3
Wilcox Close	40555	Access for protective works	Work No. 3
Walton Close	40495	Access for protective works	Work No. 3
Land and private road at Bolney Meadow Estate	50215	Access for protective works	Work No. 3
Land and private road (Cottingham Road) at Ashmole Housing Estate	50555	Access for protective works	Work No. 3
Land and private roads (Carroun Road, Cottingham Road) at Ashmole Housing Estate	50525 and 50530	Access for protective works	Work No. 3
Land adjacent to Harleyford Street	51340	Access for protective works	Work No. 2
Private road adjacent to Ashmole Street	51070	Access for protective works	Work No. 2
Access road from Ashmole Primary School to Claylands Lane	51075 and 51100	Access for protective works	Work No. 1
Private access way into Belgrave House	51555	Access for protective works	Work No. 1
Land adjacent to Kennington Green	60265, 60270, 60281, 60309, 60310, 60316 and 60321	Work site	Work No. 8
Land at Kennington Park	61450, 61455, 61460, 61465, 61475, 61480	Work site	Work No. 7
Land at, and to the north of, Beefeater Gin distillery	60300	Work site for accommodation works	Work No. 8
Land at Stannary Place	60476, 60477, 60480 and 60485	Access for protective works	Work No. 2
Land and roadway at Alverston House and Lockwood House	60005	Access for protective works	Work No. 2
Land and electricity substation adjacent to Lohmann House	60100	Access for protective works	Work No. 2
Land adjacent to Kilner House, roadway (Pegasus Place) and access road to Sherwin House	60150, 60156 and 60166	Access for protective works	Work No. 2
Land at Kennington	61501, 61560, 61570, 61580, 61585, 61590, 61595, 61600, 61605, 61610, 61615, 61690, 61700, 61705, 61715, 61725, 61735, 61745, 61755, 61765, 61775, 61780, 61785, 61790, 61795, 61800, 61805, 61920, 61925, 61935, 61945, 61955, 61965, 61975, 61985, 61995, 62005, 62010, 62011, 62055 and 62060	Temporary use of subsoil	Work No. 1
Land forming and adjacent to Kennington Road (A23)	60320	Worksite and temporary use of subsoil	Work Nos. 8 and 2
Land at Kennington	60320, 60355, 60360, 60430, 60435, 60445, 60460, 60520, 60635, 60640, 60650, 60660, 60670, 60680, 60685, 60690, 60695, 60700, 60755, 60765, 60775, 60780, 60785, 60790, 60795, 60796, 60835, 60845, 60855, 60860, 60865, 60870, 60875, 60880, 60895, 60905, 60915, 60920, 60925, 60930, 60935, 60940, 61066, 61075, 61085, 61090, 61100, 61105, 61110, 61115, 61123, 61125, 61130, 61135, 61140, 61141, 61185, 61195 and 61205	Temporary use of subsoil	Work No. 2

SCHEDULE 6 — LAND AT SURFACE LEVEL OF WHICH TEMPORARY POSSESSION MAY NOT BE TAKEN

(1) Area	(2) Number of land shown on the deposited plans
London Borough of Wandsworth	20030, 20040, 20050, 20285, 20325, 20335, 20340, 20345, 20365, 20370, 20375, 20380, 20385, 20405, 20410, 20425, 20430, 20450, 20465, 20471, 20475, 20480, 20500, 20505, 30006, 30010, 30015, 30020, 30025, 30045, 30046, 30050, 30055, 30060, 30080, 30085, 30105, 30120, 30125, 30135, 30145, 30165, 30170, 30180, 30185, 30220, 30236, 30240, 30270, 30295, 30300, 30315, 30325, 30340 and 30342
London Borough of Lambeth	40165, 40195, 40205, 40215, 40225, 40235, 40245, 40255, 40265, 40275, 40285, 40295, 40305, 40315, 40325, 40335, 40360, 40370, 40375, 40380, 40385, 40390, 40395, 40400, 40405, 40410, 40415, 40420, 40425, 40430, 40435, 40440, 40445, 40450, 40465, 40480, 40505, 40510, 40530, 40540, 40565, 40580, 40590, 40600, 40610, 40611, 40615, 40620, 40625, 40630, 40635, 40640, 40645, 40655, 40670, 40675, 40680, 40691, 40695, 40700, 40765, 40770, 40775, 40780, 40785, 40790, 40795, 40805, 40815, 40825, 40840, 40841, 40851, 40856, 40870, 40880, 40885, 40890, 40895, 40900, 40925, 40935, 40940, 40945, 40950, 40955, 40960, 40970, 40985, 40995, 41000, 41005, 41015, 41025, 41035, 41045, 41055, 41065, 41075, 41085, 41090, 41099, 41100, 41105, 41110, 41115, 41120, 41125, 41130, 41135, 41140, 41150, 41160, 41170, 41180, 41190, 41200, 41240, 41250, 41260, 41270, 41280, 41290, 41300, 41310, 41320, 41330, 41340, 41345, 41350, 41355, 41360, 41370, 41380, 41390, 41400, 41405, 41410, 41415, 41420, 41425, 41430, 41435, 41440, 41450, 41460, 41470, 41480, 41490, 41506, 41510, 41525, 41535, 41545, 41550, 41555, 41560, 50010, 50011, 50020, 50030, 50040, 50050, 50060, 50070, 50080, 50090, 50095, 50100, 50105, 50110, 50115, 50120, 50130, 50140, 50160, 50175, 50180, 50191, 50195, 50200, 50205, 50230, 50240, 50250, 50270, 50280, 50290, 50300, 50315, 50325, 50335, 50345, 50355, 50365, 50375, 50385, 50390, 50395, 50400, 50405, 50410, 50420, 50430, 50440, 50450, 50460, 50470, 50480, 50490, 50500, 50505, 50511, 50515, 50516, 50535, 50545, 50546, 50570, 50580, 50590, 50600, 50610, 50615, 50620, 50625, 50635, 50641, 50650, 50660, 50665, 50670, 50675, 50680, 50685, 50690, 50695, 50700, 50705, 50720, 50730, 50740, 50765, 50770, 50780, 50790, 50800, 50815, 50825, 50835, 50845, 50855, 50865, 50880, 50890, 50900, 50910, 50920, 50930, 50935, 50945, 50950, 50960, 50965, 50975, 50985, 50995, 51005, 51015, 51030, 51045, 51060, 51080, 51085, 51120, 51125, 51130, 51135, 51140, 51170, 51180, 51190, 51200, 51210, 51220, 51230, 51240, 51250, 51273, 51280, 51295, 51315, 51320, 51350, 51360, 51375, 51390, 51401, 51405, 51410, 51411, 51415, 51420, 51425, 51430, 51440, 51450, 51480, 51485, 51490, 51495, 51520, 51525, 51540, 60015, 60025, 60040, 60045, 60075, 60090, 60105, 60120, 60135, 60140, 60160, 60175, 60190, 60200, 60210, 60215, 60255, 60335, 60355, 60360, 60365, 60370, 60380, 60385, 60410, 60420, 60430, 60435, 60440, 60445, 60450, 60460, 60465, 60475, 60495, 60505, 60515, 60520, 60535, 60540, 60545, 60560, 60570, 60575, 60590, 60600, 60610, 60615, 60620, 60625, 60630, 60635, 60640, 60645, 60650, 60655, 60660, 60665, 60670, 60680, 60685, 60690, 60695, 60700, 60710, 60720, 60725, 60730, 60735, 60740, 60745, 60750, 60755, 60760, 60765, 60770, 60775, 60780, 60785, 60790, 60795, 60796, 60810, 60815, 60820, 60825, 60830, 60835, 60840, 60845, 60850, 60855, 60859, 60860, 60865, 60870, 60875, 60880, 60885, 60890, 60895, 60900, 60905, 60910, 60915, 60920, 60925, 60930, 60935, 60940, 60955, 60975, 60980, 60990, 60995, 61005, 61010, 61020, 61025, 61035, 61040, 61045, 61050, 61055, 61060, 61065, 61066, 61070, 61075, 61080, 61085, 61090, 61100, 61105, 61110, 61115, 61123, 61125, 61130, 61135, 61140, 61141, 61142, 61155, 61160, 61165, 61170, 61175, 61180, 61185, 61190, 61195, 61200, 61205, 61210, 61215, 61260, 61275, 61280, 61285, 61290, 61295, 61300, 61305, 61310, 61315, 61320, 61325, 61335, 61345, 61360, 61375, 61390, 61400, 61420, 61430 and 70005
London Borough of Southwark	61500, 61501, 61510, 61545, 61550, 61555, 61560, 61565, 61570, 61575, 61580, 61585, 61590, 61595, 61600, 61605, 61610, 61615, 61625, 61635, 61645, 61655, 61665, 61675, 61680, 61685, 61690, 61695, 61700, 61705, 61710, 61715, 61720, 61725, 61730, 61735, 61740, 61745, 61750, 61755, 61760, 61765, 61770, 61775, 61780, 61785, 61790, 61795, 61800, 61805, 61825, 61830, 61840, 61850, 61860, 61870, 61880, 61890, 61900, 61910, 61915, 61920, 61925, 61930, 61935, 61940, 61945, 61950, 61955, 61960, 61965, 61970, 61975, 61980, 61985, 61990, 61995, 62000, 62005, 62010, 62011, 62018, 62020, 62025, 62030, 62035, 62040, 62045, 62050, 62055, 62060, 62065, 62070, 62075, 62080 and 70010

SCHEDULE 7 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

1

Sections 271 to 274⁶¹ of the 1990 Act (extinguishment of rights of statutory undertakers, etc.) apply in relation to any land acquired or appropriated by LUL under this Order subject to the following provisions of this Schedule; 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 282⁶², which provide for the payment of compensation) have effect accordingly.

2

In the provisions of the 1990 Act, as applied by 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 paragraph 1, any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from LUL 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

Paragraph 3 does 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,

is entitled to recover from LUL 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 paragraph 1, as applied by that paragraph, do not have effect in relation to apparatus as respects which Part 3 of the 1991 Act applies.

6

In this Schedule—

• “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003⁶³; and

• “public utility undertakers” has the same meaning as in the 1980 Act⁶⁴.

SCHEDULE 8 — PROTECTIVE PROVISIONS

PART 1 — PROTECTION FOR NETWORK RAIL

1

The following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between LUL and Network Rail and, in the case of paragraph 15, any other person on whom rights or obligations are conferred or imposed by that paragraph.

2

In this Part of this Schedule—

• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

• “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

• “network licence” means the network licence, as amended from time to time, granted to Network Rail by the Secretary of State in exercise of powers under section 8 of the Railways Act 1993⁶⁵;

• “Network Rail” includes any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006)⁶⁶ the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

• “Network Rail Infrastructure Limited” means Network Rail Infrastructure Limited, a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 02904587 and registered office is Kings Place, 90 York Way, London, N1 9AG;

• “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

• “railway property” means any railway belonging to Network Rail and— any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and any easement or other property interest held or used for the benefit of Network Rail for the purposes of such railway or works, apparatus or equipment; and

• “specified work” means so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

3

• (1) Where under this Part of this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval must not be unreasonably withheld or delayed but may be subject to reasonable conditions and is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

• (2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—

• (a) co-operate with LUL with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements arising from those procedures; and

• (b) use its reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised works under this Order.

4

• (1) LUL must not exercise the powers conferred by article 20 (power to survey and investigate land, etc.) or the powers conferred by section 11(3) of the 1965 Act (powers of entry) or the Compulsory Purchase (Vesting Declarations) Act 1981⁶⁷ as applied by this Order in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

• (2) LUL must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

• (3) LUL must not exercise the powers conferred by section 271 or 272 of the 1990 Act, as applied by Schedule 7 (provisions relating to statutory undertakers, etc.), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

• (4) LUL must not under the powers conferred by this Order acquire or use, or acquire new rights over or seek to impose any restrictions on the use of, any railway property except with the consent of Network Rail.

5

• (1) LUL must, before commencing construction of any specified work, supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration under article 48 (arbitration).

• (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if by the period of 56 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated disapproval of those plans and the grounds of disapproval the engineer is deemed to have approved the plans as submitted.

• (3) If by the end of the period of 56 days beginning with the date on which such plans have been supplied to Network Rail, Network Rail gives notice to LUL that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property, then if LUL desires such part of the specified work to be constructed, Network Rail must construct it (together with any adjoining part of the specified work which LUL reasonably requires to be constructed in one operation with that work) without unnecessary delay on behalf of and to the reasonable satisfaction of LUL in accordance with the plans approved or deemed to be approved or settled under this paragraph.

• (4) When signifying approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of the safe and efficient operation of the railways of Network Rail or the services of operators using those railways (including any relocation of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes are to be constructed by Network Rail but at the expense of LUL, or if Network Rail so desires such protective works must be carried out by LUL at its own expense without unnecessary delay and LUL must not commence the construction of the specified works until the engineer has notified LUL that the protective works have been completed to the engineer’s reasonable satisfaction.

6

• (1) Any specified work and any protective works to be constructed under paragraph 5(4) must, when commenced, be constructed—

• (a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

• (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

• (c) in such manner as to cause as little damage as is possible to railway property; and

• (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic on it or the use by passengers of railway property.

• (2) If any damage to railway property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of, a specified work, LUL must, regardless of any approval described in sub-paragraph (1)(a), make good such damage and pay to Network Rail all reasonable expenses which Network Rail may incur and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

• (3) Nothing in this Part of this Schedule imposes—

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

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

7

LUL must—

• (a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

• (b) supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing it.

8

Network Rail must at all times afford reasonable facilities to LUL and its agents for access to any works carried out by Network Rail under this Part of this Schedule during their construction and must supply LUL with such information as it may reasonably require with regard to such works or the method of constructing them.

9

• (1) If any permanent or temporary alterations or additions to railway property, or to any protective works under paragraph 5(4), are reasonably necessary during the construction of a specified work, or during a period of 12 months after the opening for public use of any authorised work that includes a specified work, in consequence of that specified work, such alterations and additions may be carried out by Network Rail and if Network Rail gives to LUL reasonable notice of its intention to carry out such alterations and additions, LUL must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If during the construction of a specified work by LUL, Network Rail gives notice to LUL that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if LUL desires that part of the specified work to be constructed, Network Rail must assume construction of that part of the specified work and LUL must, regardless of any such approval of a specified work under paragraph 5(1), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

• (3) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving must be set off against any sum payable by LUL to Network Rail under this paragraph.

10

LUL must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

• (a) in constructing any part of a specified work on behalf of LUL as provided by paragraph 5(3) or in constructing any protective works under the provisions of paragraph 5(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

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

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

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

11

• (1) In this paragraph—

• “EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail’s apparatus generated by the operation of the authorised works where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

• “Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised works) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

• (2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 5(1) for the relevant part of the authorised works giving rise to EMI (unless LUL has been given notice in writing before the approval of those plans of the intention to make such change).

• (3) Subject to sub-paragraph (5), LUL must in the design and construction of the authorised works take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

• (4) In order to facilitate LUL’s compliance with sub-paragraph (3)—

• (a) LUL must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 5(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

• (b) Network Rail must make available to LUL all information in the possession of Network Rail reasonably requested by LUL in respect of Network Rail’s apparatus identified under sub-paragraph (a); and

• (c) Network Rail must allow LUL reasonable facilities for the inspection of Network Rail’s apparatus identified under sub-paragraph (a).

• (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 5(1) has effect subject to this sub-paragraph.

• (6) If at any time prior to the authorised works being open for public use regardless of any measures adopted under sub-paragraph (3), the testing or commissioning of the authorised works causes EMI then LUL must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) cease to use (or procure the cessation of use of) LUL’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

• (7) In the event of EMI having occurred—

• (a) LUL must afford reasonable facilities to Network Rail for access to the LUL’s apparatus in the investigation of such EMI;

• (b) Network Rail must afford reasonable facilities to LUL for access to Network Rail’s apparatus in the investigation of such EMI; and

• (c) Network Rail must make available to LUL any additional material information in its possession reasonably requested by LUL in respect of Network Rail’s apparatus or such EMI.

• (8) Where Network Rail approves modifications to Network Rail’s apparatus under sub-paragraph (5) or (6)—

• (a) Network Rail must allow LUL reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

• (b) any modifications to Network Rail’s apparatus approved under those sub-paragraphs must be carried out and completed by LUL in accordance with paragraph 6.

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 15(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

• (10) For the purpose of paragraph 10(a) any modifications to Network Rail’s apparatus under this paragraph are deemed to be protective works referred to in that paragraph.

• (11) In relation to any dispute arising under this paragraph the reference in article 48 (arbitration) to the Institution of Civil Engineers is to be read as a reference to the Institution of Electrical Engineers.

12

LUL must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway belonging to Network Rail.

13

If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to LUL informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, LUL must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

14

Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the date when this Order was made by reason of the existence of a specified work, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to LUL, are to be repaid by LUL to Network Rail.

15

• (1) LUL must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule (but subject to article 47 (no double recovery)) which may be occasioned to or reasonably incurred by Network Rail—

• (a) by reason of the construction or maintenance of a specified work or the failure of such a work; or

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

and LUL must indemnify Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act or thing may have been done by Network Rail on behalf of LUL or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision will not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse LUL from any liability under the provisions of this sub-paragraph.

• (2) Network Rail must give LUL reasonable notice of any such claim or demand and must make no settlement or compromise of such a claim or demand without the prior consent of LUL.

• (3) The sums payable by LUL under sub-paragraph (1) may include a sum equivalent to the relevant costs.

• (4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any such sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

• (5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs will, in the event of default, be enforceable directly by any train operator concerned to the extent that the relevant costs would be payable to that train operator under sub-paragraph (4).

• (6) In this paragraph—

• “the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1); and