The London Underground (Northern Line Extension) Order 2014

• (2) The value of any apparatus removed under the provisions of this Part of this Schedule is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

• (3) If in accordance with the provisions of this Part of this Schedule—

• (a) alternative apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type; or

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

and the placing of apparatus of that type or capacity or those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by LUL or, in default of agreement, is not determined by arbitration in accordance with article 48 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the undertaker in question by virtue of sub-paragraph (1), is to be reduced by the amount of that excess.

• (4) For the purposes of sub-paragraph (3)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as placing of apparatus of greater dimensions than those of the existing apparatus, except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus; and

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

• (5) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the undertaker any financial benefit by deferment of the time for renewal of the apparatus in the normal course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30th June 1992, as revised and re-issued from time to time.

• (6) In any case where work is carried out by LUL under paragraphs 46(6) to (8) and, if such work had been carried out by the undertaker, the repayment made to the undertaker under sub-paragraph (1) would fall to be reduced under sub-paragraphs (3) to (5), the undertaker must pay to the LUL such sum as represents the amount of that reduction.

Indemnity

50

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, maintenance or failure of any of the authorised works, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any undertaker, LUL must bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply, and must—

• (a) make reasonable compensation to that undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker; and

• (b) indemnify the undertaker against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from, or incurred by, the undertaker,

by reason or in consequence of any such damage or interruption; and the fact that any act or thing may have been done by the undertaker on behalf of LUL or in accordance with plans approved by the undertaker or in accordance with any requirement of the undertaker or under its supervision does not, subject to sub-paragraph (2), excuse LUL from any liability under the provisions of this paragraph.

• (2) Nothing in sub-paragraph (1) imposes any liability on LUL with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an undertaker, its officers, servants, contractors or agents.

• (3) An undertaker must give LUL reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of LUL, which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Access

51

If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed LUL must provide such alternative means of access to that apparatus as will enable the undertaker to maintain or use the apparatus no less effectively than was possible before the obstruction.

Cooperation

52

Where in consequence of the proposed construction of any of the authorised works, LUL or the undertaker requires the removal of apparatus under paragraph 46(1) or the undertaker makes requirements for the protection or alteration of apparatus under paragraph 48(2), LUL must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and the undertaker must use all reasonable endeavours to co-operate with LUL for that purpose.

Exercise of safeguarding and survey powers

53

• (1) LUL must, so far as is reasonably practicable, so exercise the powers conferred by article 18 (protective works to buildings) so as not to obstruct or render less convenient the access to any apparatus.

• (2) LUL must not, in the exercise of the powers conferred by section 11(3) of the 1965 Act (powers of entry), as applied by this Order, or by article 20 (power to survey and investigate land, etc.), make any trial holes which interfere with any apparatus without the consent of the undertaker (which must not be unreasonably withheld).

Arbitration

54

Any difference arising between LUL and an undertaker under this Part of this Schedule (other than a difference as to its meaning or construction) must be determined by arbitration in the manner provided by article 48 (arbitration) and in determining any difference under this Part of this Schedule the arbitrator may, if the arbitrator thinks fit, require LUL to execute any temporary or other works so as to avoid, so far as may be reasonably possible, interference with the use of any apparatus.

PART 5 — PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

55

• (1) The following provisions of this Part of this Schedule have effect unless otherwise agreed in writing between LUL and the operator.

• (2) In this Part of this Schedule—

• ...

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003[^f00076];

• “electronic communications code network” means—so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Communications Act 2003; andan electronic communications network which the Secretary of State is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the Communications Act 2003;

• “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code; and

• “operator” means the operator of an electronic communications code network.

56

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the construction of the authorised works, or of any subsidence resulting from any of those works—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

• (b) there is any interruption in the supply of the service provided by an operator,

LUL must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and must—

• (i) make reasonable compensation to an operator for loss sustained by it; and

• (ii) indemnify an operator against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, an operator by reason, or in consequence of, any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on LUL with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

• (3) The operator must give LUL reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand may be made without the consent of LUL which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between LUL and the operator under this paragraph is to be referred to and settled by arbitration under article 48 (arbitration).

57

This Part of this Schedule does not apply to—

• (a) any apparatus in respect of which the relations between LUL and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

• (b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised works.

PART 6 — PROTECTION FOR THE PORT OF LONDON AUTHORITY

General

58

In this Part of this Schedule—

• “construction” includes execution, placing, relaying, renewal and works of maintenance and, in its application to a specified work which includes or comprises any operation, means the carrying out of that operation and “construct” and “constructed” have corresponding meanings;

• “the PLA” means the Port of London Authority;

• “plans” includes plans, sections, elevations, drawings, specifications and programmes and construction methods including, where applicable, such relevant hydraulic information about the River Thames as may be reasonably requested by the PLA; and

• “specified work” means any authorised work, wherever situated, any part of which— is, or may be, in, on, under or over the surface of land below mean high water level forming part of the River Thames; or may affect the River Thames or any function of the PLA, including any projection over the River Thames by any authorised work or any plant or machinery.

59

The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between LUL and the PLA.

60

• (1) LUL must not commence any specified work until plans of the work have been approved in writing by the PLA.

• (2) LUL must submit to the PLA plans of the specified work and such further particulars as the PLA may, within 28 days starting with the day on which plans are submitted under this sub-paragraph, reasonably require, and the particulars so supplied are to provide all information necessary to enable the PLA to determine whether approval should be given and, if so, whether conditions should be imposed.

• (3) Any approval of the PLA required under this paragraph must not be unreasonably withheld but may be given subject to such reasonable modifications, terms and conditions as the PLA may make for the protection of—

• (a) traffic in, or the flow or regime of, the River Thames;

• (b) the use of its land, or the River Thames, for the purposes of performing its functions; or

• (c) the performance of any of its functions connected with environmental protection.

• (4) Requirements made under sub-paragraph (3) may include conditions as to—

• (a) the proposed location of any temporary work and its dimensions;

• (b) the programming of temporary works;

• (c) the removal of any temporary work and the undertaking by LUL of any related work or operation that the PLA considers to be necessary for the purpose of removing or preventing any obstruction to navigation;

• (d) the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the specified work; and

• (e) the expiry of the approval if LUL does not commence construction or carrying out of the approved specified work within a prescribed period.

• (5) Subject to sub-paragraph (6), an application for approval under this paragraph is deemed to have been refused if it is neither given nor refused within 28 days of the specified day.

• (6) An approval of the PLA under this paragraph is not deemed to have been unreasonably withheld if approval within the time limited by sub-paragraph (5) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions.

• (7) LUL must carry out all operations for the construction of any specified work without unnecessary delay and to the reasonable satisfaction of the PLA so that traffic in, or the flow or regime of, the River Thames, and the exercise of the PLA’s functions, do not suffer more interference than is reasonably practicable. The PLA is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey those operations and LUL must provide all reasonable facilities to enable that inspection and survey to take place.

• (8) In this paragraph “the specified day” means, in relation to any specified work—

• (a) the day on which plans and sections of that work are submitted to the PLA under sub-paragraph (1); or

• (b) the day on which LUL provides the PLA with all further particulars of the work that have been requested by the PLA under that sub-paragraph,

whichever is the later.

61

• (1) This paragraph applies to any specified work that includes or is ancillary to any jetty modification comprised in Work No. 10.

• (2) When LUL submits for approval under paragraph 60 plans of any specified work to which this paragraph applies it must state whether the work is intended to be temporary or permanent.

• (3) If at any time before the completion of construction of the authorised works LUL decides that, contrary to the statement given under sub-paragraph (2), a work to which this paragraph applies should be permanent or temporary, as the case may be, it must without delay apply to the PLA for confirmation of approval of the specified work.

• (4) On making any application under this paragraph LUL must provide the PLA with any revised plans of the specified work together with such further information as the PLA may, within 28 days starting with the date on which the application is made, reasonably require.

• (5) Any approval of the PLA required under this paragraph must not be unreasonably withheld but paragraph 60(3) applies.

• (6) Conditions imposed by the PLA under paragraph 60(3) or sub-paragraph (5) may include (in the case of a permanent work) conditions as to the future ownership and maintenance of the work, and in the absence of appropriate arrangements regarding ownership and maintenance it is reasonable for the PLA to withhold approval under this paragraph.

• (7) The removal of any temporary work to which this paragraph applies and any required removal of materials, plant and equipment or making good must be carried out to the reasonable satisfaction, and subject to the supervision (if given), of the PLA.

Discharges, etc.

62

• (1) LUL must not without the consent of the PLA exercise the powers conferred by article16 (discharge of water) so as to—

• (a) deposit in or allow to fall or be washed into the River Thames any gravel, soil or other material;

• (b) discharge or allow to escape either directly or indirectly into the River Thames any offensive or injurious matter in suspension or otherwise; or

• (c) directly or indirectly discharge any water into the River Thames.

• (2) LUL must not without the consent of the PLA exercise the powers conferred by article 17 (water abstraction) so as to—

• (a) adversely affect the regime of the River Thames; or

• (b) impair the effective operation for drainage purposes of any drainage work, channel or watercourse.

• (3) Any consent of the PLA under this paragraph must not be unreasonably withheld but may be given subject to such terms and conditions as the PLA may reasonably impose.

• (4) Any consent under this paragraph is deemed to have been given if it is neither given nor refused (or is refused but without an indication of the grounds for refusal) within 35 days of the day on which the request for consent is submitted under sub-paragraph (1).

• (5) Any discharge of water under article 16 or, as the case may be, any abstraction under article 17 is subject to the terms of any conditions attached to a consent given under this paragraph to that discharge or abstraction.

63

LUL must not, in exercise of the powers conferred by article 16 (discharge of water), or article 17 (water abstraction) damage or interfere with the beds or banks of any watercourse forming part of the River Thames unless such damage or interference is approved as a specified work under this Order or is otherwise approved in writing by the PLA.

Navigational lights, buoys, etc.

64

Unless and until such time as a specified work is licensed under section 66 of the 1968 Act (licensing of works) or removed, LUL must, at or near that work, and any other work of which LUL is in possession in exercise of any of the powers conferred by this Order (being in either case a work which is below mean high water level), exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the PLA may from time to time reasonably require.

Directions as to lights

65

Unless and until such time as a specified work is licensed under section 66 of the 1968 Act (licensing of works) or removed, LUL must comply with any reasonable directions of the Harbour Master from time to time with regard to the lighting of that specified work, or the screening of such lighting, so as to ensure that it is not a hazard to navigation on the River Thames.

Removal of temporary works

66

On completion of the construction of any part of a permanent specified work that is below mean high water level, LUL must as soon as practicable remove—

• (a) any temporary specified work carried out only for the purposes of that part of the permanent work; and

• (b) any materials, plant and equipment used for such construction,

and must make good the site to the reasonable satisfaction of the PLA.

Protective action

67

• (1) If any specified work—

• (a) is constructed otherwise than in accordance with the requirements of this Schedule or with any condition in an approval given under paragraph 60(3); or

• (b) during construction gives rise to sedimentation, scouring, currents or wave action, which would be materially detrimental to traffic in, or the flow or regime of, the River Thames,

then the PLA may by notice in writing require LUL at LUL’s own expense to comply with the remedial requirements specified in the notice.

• (2) The requirements that may be specified in a notice given under sub-paragraph (1) are—

• (a) in the case of a specified work to which sub-paragraph (1)(a) applies, such requirements as may be specified in the notice for the purpose of giving effect to the requirements of—

• (i) this Schedule; or

• (ii) the condition that has been breached; or

• (b) in any case within sub-paragraph (1)(b), such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation, scouring, currents or wave action so far as required by the needs of traffic in, or the flow or regime of, the River Thames.

• (3) If LUL does not comply with a notice under sub-paragraph (1), or is unable to do so then the PLA may in writing require LUL to—

• (a) remove, alter or pull down the specified work, and where the specified work is removed to restore the site of that work (to such extent as the PLA reasonably requires) to its former condition; or

• (b) take such other action as the PLA may reasonably specify for the purpose of remedying the non-compliance to which the notice relates.

• (4) If a specified work gives rise to environmental impacts over and above those anticipated by any environmental document, LUL must, in compliance with its duties under any enactment, take such action as is necessary to prevent or mitigate those environmental impacts and in so doing must consult and seek to agree the necessary measures with the PLA.

• (5) If the PLA becomes aware that any specified work is causing an environmental impact over and above those anticipated by any environmental document, the PLA must notify LUL of that environmental impact, the reasons why the PLA believes that the environmental impact is being caused by the specified work and of measures that the PLA reasonably believes are necessary to counter or mitigate that environmental impact. LUL must implement either the measures that the PLA has notified to LUL or such other measures as LUL believes are necessary to counter the environmental impact identified, giving reasons to the PLA as to why it has implemented such other measures.

• (6) In this paragraph “environmental document” means—

• (a) the environmental statement prepared for the purposes of the application for this Order together with any supplementary environmental statement or other document so prepared by way of clarification or amplification of the environmental statement; and

• (b) any other document containing environmental information provided by LUL to the PLA for the purposes of any approval under paragraph 60.

68

• (1) If a specified work is abandoned or falls into decay, the PLA may by notice in writing require LUL to take such reasonable steps as may be specified in the notice either to repair or restore the specified work, or any part of it, or to remove the specified work and (to such extent and within such limits as the PLA reasonably requires) restore the site of that work to its condition prior to the construction of the specified work.

• (2) If any specified work is in such condition that it is, or is likely to become, a danger to or an interference with navigation in the River Thames, the PLA may by notice in writing require LUL to take such reasonable steps as may be specified in the notice—

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

• (b) if LUL so elects, to remove the specified work and (to such extent as the PLA reasonably requires) to restore the site to its former condition.

• (3) If on the expiration of such reasonable period as may be specified in a notice under this paragraph the work specified in the notice has not been completed to the satisfaction of the PLA, the PLA may undertake that work and any expenditure reasonably incurred by the PLA in so doing is recoverable from LUL.

Facilities for navigation

69

• (1) LUL must not in the exercise of the powers conferred by this Order interfere with any marks, lights or other navigational aids in the river without the consent of the PLA, and must ensure that access to such aids remains available during and following construction of any specified work.

• (2) LUL must provide at any specified work, or must afford reasonable facilities at such work (including an electricity supply) for the PLA to provide at LUL’s cost, from time to time such navigational lights, signals, radar or other apparatus for the benefit, control and direction of navigation as the PLA may deem necessary by reason of the construction and presence of the specified work and must ensure access remains available to such facilities during and following construction of the specified work until such time as the specified work is licensed under section 66 of the 1968 Act (licensing of works) or removed.

Survey of riverbed

70

• (1) Before the commencement of construction of the first specified work below mean high water level to be constructed following approval under paragraph 60, the PLA may, at LUL’s expense (such expense to be that which is reasonably incurred), carry out a survey of such parts of the River Thames as might be affected by sedimentation, scouring, currents or wave action that might result from the construction of such of the authorised works as would constitute specified works below mean high water level if they were to be constructed, for the purposes of establishing the condition of the River Thames at that time.

• (2) Before the commencement of construction of any other specified work approved under paragraph 60, the PLA may, at LUL’s expense (such expense to be that which is reasonably incurred), carry out a survey of such parts of the River Thames as might be affected by sedimentation, scouring, currents or wave action resulting from that specified work for the purpose of establishing the condition of the River Thames at that time.

• (3) The PLA may, at LUL’s expense (such expense to be that which is reasonably incurred), carry out such surveys of the River Thames as are reasonably required during the construction of any specified work to ascertain the effect of that specified work on the River Thames and the PLA must make available to LUL the results of any such survey.

• (4) After completion of, respectively, any specified work and all the specified works constructed under this Order, the PLA may, at LUL’s expense (such expense to be that which is reasonably incurred) carry out a further survey of the parts of the River Thames which were surveyed prior to the construction of that work, or as the case may be a survey of the completed specified works as so constructed, for the purpose of establishing the condition of the River Thames and the effect that the specified work is, or as the case may be the specified works are, having on navigation, the flow and the regime of the River Thames and the exercise of the PLA’s functions.

• (5) The PLA must not under this paragraph carry out a survey of any part of the River Thames as respects which LUL has provided to the PLA survey material which the PLA is satisfied establishes the condition of the River Thames, and in the case of a survey under sub-paragraph (3), the effect of the specified work, or as the case may be the specified works.

Interaction with other infrastructure projects

71

• (1) This paragraph applies when—

• (a) LUL is carrying out the authorised works;

• (b) any other person (an “undertaker”) is taking preliminary action or carrying out works or operations (any of which is an “other work”) preparatory to or in connection with any other infrastructure project for which authorisation has been sought or given; and

• (c) both the authorised works and the other work are being carried out in, on, over, under or making use of the River Thames at the same time.

• (2) When this paragraph applies LUL must participate in and assist with the taking of reasonable measures in order to ensure that the safety of navigation on the River Thames is not adversely affected by reason of the carrying out of the authorised works and any other work.

• (3) The obligations of LUL under this paragraph commence at such time as an undertaker commences any other work whilst the authorised works are being carried out in, on, over, under or making use of the River Thames and continue from time to time whenever sub-paragraph (1)(c) applies.

• (4) The reasonable measures referred to in sub-paragraph (2) are to be such as—

• (a) are agreed between the PLA and LUL or, failing such agreement, as are determined in accordance with article 48 (arbitration); and

• (b) proportionately reflect the extent to which, as between the authorised works and any other work, the need for any measure is attributable to the carrying out of the authorised works.

• (5) LUL and the PLA must each take such steps as are reasonably practicable, in so far as compatible with their statutory functions, to secure that an undertaker assumes or is made subject to obligations in relation to any other work that are equivalent to those placed upon LUL by this paragraph.

Statutory functions

72

Subject to article 4(9) (power to construct and maintain works) the exercise in, under or over the River Thames by LUL of any of its functions under this Order is subject to—

• (a) any enactment relating to the PLA;

• (b) any byelaw, direction or other requirement made by the PLA or the Harbour Master under any enactment; and

• (c) any other exercise by the PLA or the Harbour Master of any function conferred by or under any enactment.

Indemnity

73

• (1) LUL is responsible for and must make good to the PLA all costs, charges, damages losses or expenses which may be incurred reasonably or suffered by the PLA by reason of —

• (a) the construction or operation of a specified work or its failure;

• (b) the exercise of any other power under this Order; or

• (c) any act or omission of LUL, its employees, contractors or agents or others whilst engaged on the construction or operation of a specified work or dealing with any failure of a specified work,

and LUL must indemnify the PLA from and against all claims and demands arising out of or in connection with the specified works or any such failure, act or omission.

• (2) The fact that any act or thing may have been done—

• (a) by the PLA on behalf of LUL; or

• (b) by LUL, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the PLA, or in a manner approved by the PLA, or under its supervision or the supervision of its duly authorised representative,

does not (if it was done or required without negligence on the part of the PLA or its duly authorised representative, employee, contractor or agent) excuse LUL from liability under the provisions of this paragraph.

• (3) The PLA must give LUL reasonable notice of any such claim or demand as is referred to in sub-paragraph (1) and no settlement or compromise of it is to be made without the prior consent of LUL.

Compensation for river bed

74

Regardless of article 4(9)(a), and unless otherwise agreed in writing between LUL and the PLA, compensation is payable to the PLA in respect of any specified work below mean high water level and any rights required in connection with such a specified work as if LUL had been required—

• (a) to obtain a licence for the work under section 66 (licensing of works) of the 1968 Act; and

• (b) to pay consideration for the licence determined in accordance with the provisions of section 67 (consideration for licence) of that Act;

and the PLA’s reasonable costs incurred in connection with the determination of such compensation is recoverable from LUL.

Disposals, etc.

75

LUL must within 7 days after the completion of any sale, agreement or other transaction under paragraph (1) or (2) of article 41 (powers of disposal, agreements for operation, etc.) in relation to which any powers, rights and obligations of LUL are transferred to another party, notify the PLA in writing, and the notice must include particulars of the other party to the transaction under article 41, the general nature of the transaction and details of the extent, nature and scope of the works or functions sold, transferred or otherwise dealt with.

Disputes

76

Any dispute arising between LUL and the PLA under this Part of this Schedule is to be determined by arbitration as provided in article 48 (arbitration).

PART 7 — PROTECTION FOR THE MARINE MANAGEMENT ORGANISATION

77

• (1) The following provisions of this Part of this Schedule have effect unless otherwise agreed in writing between LUL and the MMO.

• (2) In this Part of this Schedule—

• “the MMO” means the Marine Management Organisation;

• “construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” are to be construed accordingly;

• “plans” includes sections, drawings, specifications and method statements;

• “specified work” means so much of any authorised work as is— a licensable marine activity under section 66 (licensable marine activities) of the 2009 Act; not exempt from requiring a marine licence by virtue of an order made under section 74 (exemptions specified by order) of the 2009 Act; and over, in, on, or under that part of the UK marine area that is within the river area; and

• “UK marine area” has the definition given to it in section 42 (UK marine area) of the 2009 Act.

78

• (1) Before beginning to construct or carry out any specified work, LUL must submit to the MMO plans of the specified work and such further particulars available to LUL as the MMO may within 28 days of the submission of the plans reasonably require.

• (2) Any specified work must not be constructed or carried out except in accordance with such plans as may be approved in writing by the MMO, or determined under paragraph 85.

• (3) Any approval of the MMO required under this paragraph—

• (a) must not be unreasonably withheld;

• (b) must be given or refused within 3 months of the specified day, and in the case of a refusal, will be accompanied by a statement of the grounds of refusal; and

• (c) may be given subject to such reasonable requirements as the MMO may make for the protection of the cleanliness, safety, productivity and biological diversity of the River Thames or otherwise in the discharge of the MMO’s statutory duties.

• (4) The MMO must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

• (5) In this paragraph, “the specified day” means, in relation to any specified work—

• (a) the day on which plans of that work are submitted to the MMO under sub-paragraph (1); or

• (b) the day on which LUL provides the MMO with all further particulars of the specified work that have been requested by the MMO under that sub-paragraph,

whichever is the later.

79

Without limitation on the scope of paragraph 78, the requirements which the MMO may make under that paragraph include conditions in relation to any specified work as to—

• (a) the method or manner in which it is carried out;

• (b) the times of year at which it may be carried out;

• (c) the handling (other than disposal) of dredged material; and

• (d) appropriate and proportionate mitigation measures to minimise any adverse impacts on the marine environment, marine biota (in particular, migratory fish species) and archaeological and heritage assets.

80

Where any specified work involves dredging, the plans submitted under paragraph 78(1) must include the results of laboratory testing of the material to be dredged. This testing must be undertaken by a laboratory which is accredited to the standard required by the MMO and the tests undertaken must be to the standard accepted by the MMO.

81

• (1) Subject to sub-paragraph (2), any specified work must be constructed or carried out—

• (a) in accordance with the plans approved in writing by the MMO or determined under this Part of this Schedule; and

• (b) to the reasonable satisfaction of the MMO.

• (2) LUL must give to the MMO not less than 14 days’ notice in writing of LUL’s intention to commence construction or the carrying out of any specified work and LUL must also give to the MMO notice in writing of the completion of the work not later than 7 days after the date on which the work is completed.

82

Where there is any actual or potential conflict between any requirements imposed by the Environment Agency under Part 3 of this Schedule and any requirement made by the MMO under paragraph 78, the MMO must liaise with the Environment Agency in order to seek expeditiously to remove that actual or potential conflict but if it persists, then the requirement of the MMO may be referred for determination under paragraph 85.

83

Where there is any actual or potential conflict between any terms and conditions imposed by the Port of London Authority under Part 6 of this Schedule and any requirement made by the MMO under paragraph 78, the MMO must liaise with the Port of London Authority in order to seek expeditiously to remove that actual or potential conflict but if it persists, then the requirement of the MMO may be referred for determination under paragraph 85.

84

LUL must indemnify the MMO in respect of all costs, charges and expenses which the MMO may reasonably incur or have to pay or which it may sustain—

• (a) for any sediment analyses and testing including the interpretation of the results;

• (b) in the examination or approval of plans under this Part of this Schedule; and

• (c) in the inspection of the construction of the specified works under sections 246 (power to board and inspect vessels and marine installations) to 248 (power to enter and inspect vehicles) of the 2009 Act.

85

Any dispute arising between LUL and the MMO under this Part of this Schedule is to be determined by arbitration under article 48 (arbitration) if the parties agree, but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly on a reference to them by LUL or the MMO, after giving notice in writing by one to the other.

SCHEDULE 9 — TEMPORARY TRAFFIC REGULATION

PART 1 — PARKING PLACES

(1) Road	(2) Side	(3) Description	(4) Notes
London Borough of Southwark	London Borough of Southwark	London Borough of Southwark	London Borough of Southwark
Kennington Park Place	Southern	Suspension of 13 parking places from a point 15 metres west of the junction with De Laune Street to a location 80 metres east of this point	Parking places to be suspended to provide access for construction vehicles to and from the Kennington Park worksite
London Borough of Lambeth	London Borough of Lambeth	London Borough of Lambeth	London Borough of Lambeth
Montford Place	Northern	Creation of 2 Car Club parking places opposite No. 362 Kennington Road	Parking places to be created to replace two Car Club parking places suspended due to the Kennington Green worksite
Pascal Street	Northern	Suspension of 12 parking places and 5 motorcycle parking places	Parking places to be suspended to ensure two way traffic on Pascal Street

PART 2 — BUS LANES

(1) Road	(2) Side	(3) Description	(4) Notes
London Borough of Lambeth	London Borough of Lambeth	London Borough of Lambeth	London Borough of Lambeth
Kennington Road (A23)	Western	Suspension of 80 metres of northbound bus lane adjacent to Kennington Green worksite	Bus lane needs to be suspended to make space for the Kennington Green worksite
London Borough of Wandsworth	London Borough of Wandsworth	London Borough of Wandsworth	London Borough of Wandsworth
Battersea Park Road	Northern	Conversion of 60 metres of the eastbound bus lane to a general traffic lane between 75 and 101 Battersea Park Road	Modification made in order to accommodate new temporary signalised junction at the access point to the Battersea station worksite opposite 77-89 Battersea Park Road
	Southern	Conversion of 90 metres of the westbound bus lane to a general traffic lane between 75 and 101a Battersea Park Road	Modification made in order to accommodate new temporary signalised junction at the access point to the Battersea station worksite opposite 77-89 Battersea Park Road

PART 3 — PEDESTRIAN CROSSINGS

(1) Road	(2) Side	(3) Description	(4) Notes
London Borough of Lambeth	London Borough of Lambeth	London Borough of Lambeth	London Borough of Lambeth
Kennington Road (A23)	Western and eastern	Suspension of pedestrian crossing perpendicular to Kennington Green	Suspension necessitated by the existence of the Kennington Green worksite hoardings at the western edge of the crossing
London Borough of Wandsworth	London Borough of Wandsworth	London Borough of Wandsworth	London Borough of Wandsworth
Battersea Park Road	Northern and southern	Installation of signalised crossing opposite 77-89 Battersea Park Road to serve Battersea station worksite (incorporating existing dual pelican crossing at Thessaly Street)	Installation is required to ensure the safe movement of construction vehicles to and from the Battersea station worksite

Signed

Signed by the authority of the Secretary of State

Martin Woods — Head of the Transport and Works Act Orders Unit — Department for Transport — 24th November 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises London Underground Limited to construct and operate an extension to the Northern line from Kennington station in the London Boroughs of Lambeth and Southwark to a new station at the site of the disused Battersea Power Station in the London Borough of Wandsworth with an intermediate station at Nine Elms, Vauxhall.

The Order authorises the compulsory acquisition and the temporary use of land for the purposes of the works and confers other powers in connection with the construction and operation of the works.

A copy of the deposited plans, the deposited sections and the book of reference mentioned in the Order and certified in accordance with article 45 (certification of plans, etc.) may be inspected free of charge during normal working hours at the offices of London Underground Limited at Windsor House, 42 – 50 Victoria Street, London SW1H 0TL.

Footnotes

[^f00001]: S.I. 2006/1466, amended by S.I. 2010/439, S.I. 2011/556, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2012/2590 and S.I. 2013/755.

[^f00002]: 1992 c. 42. Section 1 was amended by the Planning Act 2008 (c. 29), Schedule 2, paragraphs 51 and 52; section 5 was amended by S.I. 2012/1559.

[^f00003]: 1961 c. 33.

[^f00004]: 1965 c. 56.

[^f00005]: 1968 c. xxxii.

[^f00006]: 1980 c. 66.

[^f00007]: 1984 c. 27.

[^f00008]: 1990 c. 8.

[^f00009]: 1991 c. 22.

[^f00010]: 2004 c. 18.

[^f00011]: 2009 c. 23.

[^f00012]: 1981 c. 67.

[^f00013]: 1964 c. 40.

[^f00014]: As amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the New Roads and Street Works Act 1991 (c. 22).

[^f00015]: Sections 54, 55, 57, 60, 68 and 69 were amended by sections 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00016]: As also amended by section 49(1) of the Traffic Management Act 2004.

[^f00017]: As also amended by sections 49(2) and 51(9) of the Traffic Management Act 2004.

[^f00018]: As also amended by section 52(3) of the Traffic Management Act 2004.

[^f00019]: As amended by section 42 of the Traffic Management Act 2004.

[^f00020]: 1991 c. 57.

[^f00021]: 1991 c. 59.

[^f00022]: 1931 c. xciii.

[^f00023]: 2006 c. 26.

[^f00024]: 1966 c. i.

[^f00025]: 1989 c. 29.

[^f00026]: 1995 c. 21.

[^f00027]: 1991 c. 56. Section 106 was amended by sections 35(1) and (8) and 43(2) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00029]: 1991 c. 57.

[^f00030]: 1991 c. 57.

[^f00031]: Section 48A was inserted by section 24(1) of the Water Act 2003 (c. 37).

[^f00032]: Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

[^f00033]: Section 90(2A) was inserted by section 16(1) of the Transport and Works Act 1992 (c. 42).

[^f00034]: 1981 c. 67.

[^f00035]: 1981 c. 66.

[^f00036]: 1989 c. 29.

[^f00037]: 1986 c. 44.

[^f00038]: 1991 c. 56.

[^f00039]: 2003 c. 21.

[^f00040]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.

[^f00041]: Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

[^f00042]: Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and part 3 of Schedule 23, to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00043]: Section 8 was amended by S.I. 2009/1307.

[^f00044]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.

[^f00045]: Section 272 was amended by paragraphs 103(1) and (2) of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00046]: 1981 c. 66.

[^f00047]: 1999 c. 29.

[^f00048]: 1990 c. 43. Section 82 was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40) and paragraph 6 of Schedule 17 to the Environment Act 1995 (c. 25).

[^f00049]: Section 79(1) was amended by section 2(2) of the Noise and Statutory Nuisance Act 1993, section 120 of, and paragraph 2(a) of Schedule 17 and paragraph 89(2) of Schedule 22 to, the Environment Act 1995, sections 101(2) and 102(2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) and sections 109(2), 110(2), 111(2) and 112(2)(a) of the Public Health etc. (Scotland) Act 2008 (asp. 5).

[^f00050]: Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), paragraph 15(3) of Schedule 15 to the Environmental Protection Act 1990 (c. 43), Schedule 24 to the Environment Act 1995 and paragraph 10 of Schedule 6 to the Building (Scotland) Act 2003 (asp. 8).

[^f00051]: Section 65 was amended by paragraph 15(4) of Schedule 15 to the Environmental Protection Act 1990 and Schedule 24 to the Environment Act 1995.

[^f00052]: 1974 c. 40.

[^f00053]: 1993 c. 43. As amended by the Transport Act 2000 (c. 38) and the Railways Act 2005 (c. 14).

[^f00054]: 1978 c. 30.

[^f00055]: 1973 c. 26.

[^f00056]: Section 58(1) was amended by section 16(3) of, and Schedule 5 to, the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), section 4 of, and paragraph 29(1) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

[^f00057]: S.I. 2014/3102.

[^f00058]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.

[^f00059]: Section 12 was amended by section 56(2) of, and part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^f00060]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00061]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 and S.I. 2009/1307.

[^f00062]: Sections 272 to 274 were amended by paragraphs 103(1) and (2) of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00063]: Section 279(3) was amended by paragraphs 103(1) and (2), and section 280 was amended by paragraph 104, of Schedule 17 to the Communications Act 2003. Sections 280 and 282 were amended by S.I. 2009/1307.

[^f00064]: 2003 c. 21.

[^f00065]: 1980 c. 66 as amended by section 190(3) of, and part 1 of Schedule 27 to, the Water Act 1989 (c. 15) and section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29).

[^f00066]: 1993 c. 43.

[^f00067]: 2006 c. 46.

[^f00068]: 1981 c. 66.

[^f00069]: S.I. 1994/1519.

[^f00070]: 1995 c. 25.

[^f00071]: 2006 c. 16.

[^f00073]: 1989 c. 29.

[^f00074]: 1991 c. 56.

[^f00075]: 1986 c. 44.

[^f00076]: 2003 c. 21. See section 106.

Editorial notes

[^key-c3300a23be56d66a176adb11df29eab6]: Art. 1 in force at 15.12.2014, see art. 1

[^key-af10bf48166432ade13ceab0ee1d26db]: Art. 2 in force at 15.12.2014, see art. 1

[^key-42b5825ff5738d66b5baa1929008cc40]: Art. 3 in force at 15.12.2014, see art. 1

[^key-a02d841c68c9602930d07f9e5ef299dc]: Art. 4 in force at 15.12.2014, see art. 1

[^key-bf9f7867e047ca1acb274e57398e1f50]: Art. 5 in force at 15.12.2014, see art. 1

[^key-38ab43be0c0131eae3bfea18f87e3c93]: Art. 6 in force at 15.12.2014, see art. 1

[^key-c51fd69a5efe7cf199b5c62a41d63d25]: Art. 7 in force at 15.12.2014, see art. 1

[^key-f28103e9f8224861bed4dbbb96df44c7]: Art. 8 in force at 15.12.2014, see art. 1

[^key-827d850c3cdb36b24ce737a771db2e5c]: Art. 9 in force at 15.12.2014, see art. 1

[^key-6ca6b73c36014eece2144ef9775c8d77]: Art. 10 in force at 15.12.2014, see art. 1

[^key-fdee6be9bfe71443ca17d4e12f9fa1fc]: Art. 11 in force at 15.12.2014, see art. 1

[^key-01f2255bffad8a80c87eadb4498c11af]: Art. 12 in force at 15.12.2014, see art. 1

[^key-27338f91176e3e6cb68a586dad058a99]: Art. 13 in force at 15.12.2014, see art. 1

[^key-0d44d5b179474852d10efbb5e67a77f0]: Art. 14 in force at 15.12.2014, see art. 1

[^key-dc5054e5ed262ad1049f4a993572f120]: Art. 15 in force at 15.12.2014, see art. 1

[^key-3b6dd068a50596eaca770077e0afd4cf]: Art. 16 in force at 15.12.2014, see art. 1

[^key-d7f92fe7c368a3a00c5c54a3ddc5aafc]: Art. 17 in force at 15.12.2014, see art. 1

[^key-88c4aa6965933e0f4be4af9deedfebb7]: Art. 18 in force at 15.12.2014, see art. 1

[^key-5c593087ba9978027c1c4a6197f6ae14]: Art. 19 in force at 15.12.2014, see art. 1

[^key-c274da41241663d407ca8906fd3ce6ea]: Art. 20 in force at 15.12.2014, see art. 1

[^key-86855826bcf211a98a8d92947ae70c1c]: Art. 21 in force at 15.12.2014, see art. 1

[^key-f553c85f7acd14d5be3b0b879fddd88d]: Art. 22 in force at 15.12.2014, see art. 1

[^key-e769bee32ef456a36d8ad7fb3b4c5b97]: Art. 23 in force at 15.12.2014, see art. 1

[^key-82ce806ee9a5bf8734111bf387a87dd6]: Art. 24 in force at 15.12.2014, see art. 1

[^key-b86d13220b49fd07e1a4b66970db3fdb]: Art. 25 in force at 15.12.2014, see art. 1

[^key-6e3b0890a3a4c0bddb662786cc6ed4c6]: Art. 26 in force at 15.12.2014, see art. 1

[^key-fa28a977f2e280a4725981691822d274]: Art. 27 in force at 15.12.2014, see art. 1

[^key-dbee55346df308bf4ab0d38dda799dfb]: Art. 28 in force at 15.12.2014, see art. 1

[^key-83543776a5c6f1eed4c0c199c3f0b2e0]: Art. 29 in force at 15.12.2014, see art. 1

[^key-fb7aedb06039d6844e2c84602bb257e5]: Art. 30 in force at 15.12.2014, see art. 1

[^key-154a46b4a612af49a53835ea5d7cf061]: Art. 31 in force at 15.12.2014, see art. 1

[^key-c9e14c3ecc73852a717bd4ebabca8155]: Art. 32 in force at 15.12.2014, see art. 1

[^key-3455fd80b3239b4fa0ccf6dadc5c62d7]: Art. 33 in force at 15.12.2014, see art. 1

[^key-919226ca7cf94ac0af18e90360204d39]: Art. 34 in force at 15.12.2014, see art. 1

[^key-09d0e877738d135e5304b00c8a3c7073]: Art. 35 in force at 15.12.2014, see art. 1

[^key-a07580fe51107dc4691a136faa99f2bf]: Art. 36 in force at 15.12.2014, see art. 1

[^key-31f453abcf4c48f361243e0aa909304a]: Art. 37 in force at 15.12.2014, see art. 1

[^key-b04488d4571d0554d7afabf7ee7e1c9b]: Art. 38 in force at 15.12.2014, see art. 1

[^key-4c0ff37c52522bfb98e286a7d6a9df76]: Art. 39 in force at 15.12.2014, see art. 1

[^key-fcab3cd1faee7584906bacf9fd932e2a]: Art. 40 in force at 15.12.2014, see art. 1

[^key-00bf8a947b0dcff47dc72dfe641c0098]: Art. 41 in force at 15.12.2014, see art. 1

[^key-c717e4619a0de898f3edf696cd3f8114]: Art. 42 in force at 15.12.2014, see art. 1

[^key-8e3ca248dea1ce98b063bbedf893bbf6]: Art. 43 in force at 15.12.2014, see art. 1

[^key-f6e5b155b8cef6d367cb8b1f1c98bee0]: Art. 44 in force at 15.12.2014, see art. 1

[^key-c6b5809e3b4b815787e7d3979dcb391d]: Art. 45 in force at 15.12.2014, see art. 1

[^key-4d0cce9d6c2fb309841d96b4f762b775]: Art. 46 in force at 15.12.2014, see art. 1

[^key-8d250dd52d3c80675db8fedc838a14b7]: Art. 47 in force at 15.12.2014, see art. 1

[^key-a16cd201bcb3c55f3f53cb5841c380ac]: Art. 48 in force at 15.12.2014, see art. 1

[^key-03dbc79634a339910b71cebdc6e8e609]: Sch. 3 para. 1 in force at 15.12.2014, see art. 1

[^key-00415eb81425e07ba9de33f6af1c93f1]: Sch. 3 para. 2 in force at 15.12.2014, see art. 1

[^key-f10d6c3ed3a125584e6c45c1252915b2]: Sch. 3 para. 3 in force at 15.12.2014, see art. 1

[^key-36eebbe96ce89bf37a4f36699ab3ec62]: Sch. 3 para. 4 in force at 15.12.2014, see art. 1

[^key-16001cc5c7728b782685585024b4827d]: Sch. 3 para. 5 in force at 15.12.2014, see art. 1

[^key-659a9ea2d64708ab9d444e93b7823e22]: Sch. 3 para. 6 in force at 15.12.2014, see art. 1

[^key-91569cfa9ce6e2922f33f6dd602c4390]: Sch. 3 para. 7 in force at 15.12.2014, see art. 1

[^key-521e1a503144a8bd8b3967508f69caf4]: Sch. 3 para. 8 in force at 15.12.2014, see art. 1

[^key-4f87be19d543a6a6013a955646aaa6b8]: Sch. 3 para. 9 in force at 15.12.2014, see art. 1

[^key-662f96547e932debad6bf857a5497902]: Sch. 7 para. 1 in force at 15.12.2014, see art. 1

[^key-213a3e12bbde82b64012e6c33cce6bbe]: Sch. 7 para. 2 in force at 15.12.2014, see art. 1

[^key-f49123197a5b7b6f2fdc43a86744e6f0]: Sch. 7 para. 3 in force at 15.12.2014, see art. 1

[^key-21059b2f82349576cc0c36b9ac2b8428]: Sch. 7 para. 4 in force at 15.12.2014, see art. 1

[^key-9a5fff4165bb572cda010cf11d72040d]: Sch. 7 para. 5 in force at 15.12.2014, see art. 1

[^key-58a0162bee27ebf34eb1bf4f3c830ac5]: Sch. 7 para. 6 in force at 15.12.2014, see art. 1

[^key-9e4c8c7168d60cc4454038cf8923b947]: Sch. 8 para. 1 in force at 15.12.2014, see art. 1

[^key-0adc51e0487f771d29d1181bf5631efa]: Sch. 8 para. 2 in force at 15.12.2014, see art. 1

[^key-b3831375803fc45d84bde586b7249c2c]: Sch. 8 para. 3 in force at 15.12.2014, see art. 1

[^key-d2091eabc79ccd4df6a36f25645eeddb]: Sch. 8 para. 4 in force at 15.12.2014, see art. 1

[^key-8dd6515dde8f5e050884d2413dd62c2f]: Sch. 8 para. 5 in force at 15.12.2014, see art. 1

[^key-b73ac28a6a761eb7e380a82ff2dc6052]: Sch. 8 para. 6 in force at 15.12.2014, see art. 1

[^key-0351138c86969941409431203969084b]: Sch. 8 para. 7 in force at 15.12.2014, see art. 1

[^key-ba46979855ff033db3ffa378f46f907c]: Sch. 8 para. 8 in force at 15.12.2014, see art. 1

[^key-eede8d2a090c58a4d7155456ae2b3e2e]: Sch. 8 para. 9 in force at 15.12.2014, see art. 1

[^key-3ac64552b5cfe14b195365b3c1927042]: Sch. 8 para. 10 in force at 15.12.2014, see art. 1

[^key-095f091f089da841fe833f61bb3c19ed]: Sch. 8 para. 11 in force at 15.12.2014, see art. 1

[^key-588819ec21a6cfdfa99fdc0b6f11a4ca]: Sch. 8 para. 12 in force at 15.12.2014, see art. 1

[^key-d02475fe0c57221e96f39a9858922611]: Sch. 8 para. 13 in force at 15.12.2014, see art. 1

[^key-1a41bdb92785f4a5da0a8f69f1fed6fb]: Sch. 8 para. 14 in force at 15.12.2014, see art. 1

[^key-bbf592634dad47e68238405534bb43db]: Sch. 8 para. 15 in force at 15.12.2014, see art. 1

[^key-d2a8c6fdf408049b73c8c9b2f609f2ce]: Sch. 8 para. 16 in force at 15.12.2014, see art. 1

[^key-834883104ea125aff82518999414d30c]: Sch. 8 para. 17 in force at 15.12.2014, see art. 1

[^key-4dbec4aba1b07922978a64b588e02219]: Sch. 8 para. 18 in force at 15.12.2014, see art. 1

[^key-b93fc478e8363e65608d87eee837f8c7]: Sch. 8 para. 19 in force at 15.12.2014, see art. 1

[^key-6d4fe9936e222bebe0984e3055468a37]: Sch. 8 para. 20 in force at 15.12.2014, see art. 1

[^key-dca5dbd18a71c744e049efca4338594a]: Sch. 8 para. 21 in force at 15.12.2014, see art. 1

[^key-f9b16edb1773d6857352999dffc0a2c2]: Sch. 8 para. 22 in force at 15.12.2014, see art. 1

[^key-290ef6a87a7a3e5bbb68db7fc41e1907]: Sch. 8 para. 23 in force at 15.12.2014, see art. 1

[^key-073cc5351e99eb4fa01346f6baa44d6a]: Sch. 8 para. 24 in force at 15.12.2014, see art. 1

[^key-f673ed3658ca05d0ca7aef8bc4484875]: Sch. 8 para. 25 in force at 15.12.2014, see art. 1

[^key-b36a0a9db000b1daf6c95d0f21ed8c25]: Sch. 8 para. 26 in force at 15.12.2014, see art. 1

[^key-3c2da4962a32eaa1b92164a7b1dba388]: Sch. 8 para. 27 in force at 15.12.2014, see art. 1

[^key-4495eb0e6a911dc045b23acb7e1a0466]: Sch. 8 para. 28 in force at 15.12.2014, see art. 1

[^key-7b7f621d38a1d579a78cd4807c930142]: Sch. 8 para. 29 in force at 15.12.2014, see art. 1

[^key-0198c20d273a0059f3b8fa1cfa4f4acc]: Sch. 8 para. 30 in force at 15.12.2014, see art. 1

[^key-0e27ac548f53b866f01ef9429f141418]: Sch. 8 para. 31 in force at 15.12.2014, see art. 1

[^key-c7b785d5f9c1549f0f257299c72855e4]: Sch. 8 para. 32 in force at 15.12.2014, see art. 1

[^key-ed4288c920fe5fd8f3370e5d1fa0c874]: Sch. 8 para. 33 in force at 15.12.2014, see art. 1

[^key-28f5be674102e1243e077f21280a63d3]: Sch. 8 para. 34 in force at 15.12.2014, see art. 1

[^key-14812e6f9d569c71eb5688c6f2586aec]: Sch. 8 para. 35 in force at 15.12.2014, see art. 1

[^key-2952ea7f3ae49c2e8bd037da1729d5d8]: Sch. 8 para. 36 in force at 15.12.2014, see art. 1

[^key-1db2dce92e36deec54d253f7bbb5335d]: Sch. 8 para. 37 in force at 15.12.2014, see art. 1

[^key-2c2fe55da9f33fa8df9ce145ee01fd15]: Sch. 8 para. 38 in force at 15.12.2014, see art. 1

[^key-9577da700684e2f0b40537cc040e23bb]: Sch. 8 para. 39 in force at 15.12.2014, see art. 1

[^key-95fb5349a6684a5bded56950da2d5016]: Sch. 8 para. 40 in force at 15.12.2014, see art. 1

[^key-cc84893a4bffac250809f4f09e5714ab]: Sch. 8 para. 41 in force at 15.12.2014, see art. 1

[^key-54ae1d5ec3dd4305e8b5a098cbd3b82e]: Sch. 8 para. 42 in force at 15.12.2014, see art. 1

[^key-b7102afaa114ec5875eded80ad413f0f]: Sch. 8 para. 43 in force at 15.12.2014, see art. 1

[^key-f8e2e77fdb55643b85b55b8ed973be9e]: Sch. 8 para. 44 in force at 15.12.2014, see art. 1

[^key-7fecc1587bf1a75bea17a9f923905fbe]: Sch. 8 para. 45 in force at 15.12.2014, see art. 1

[^key-da1faeea14478016245acf5d71c4180e]: Sch. 8 para. 46 in force at 15.12.2014, see art. 1

[^key-c487850722061fac1ca79adafcbd348a]: Sch. 8 para. 47 in force at 15.12.2014, see art. 1

[^key-e8d81ecc7c239b845fb207812deee682]: Sch. 8 para. 48 in force at 15.12.2014, see art. 1

[^key-46a9b687ab4ab2c538934e4e46149389]: Sch. 8 para. 49 in force at 15.12.2014, see art. 1

[^key-18a734e37333b4e9cb94bd9f96de8160]: Sch. 8 para. 50 in force at 15.12.2014, see art. 1

[^key-c38498b47e4cc2d24af526ce50276b73]: Sch. 8 para. 51 in force at 15.12.2014, see art. 1

[^key-30f8a97e8d0f0a4796f6f79f81e6e172]: Sch. 8 para. 52 in force at 15.12.2014, see art. 1

[^key-41e1d496d23b318e7bf7907358b933fa]: Sch. 8 para. 53 in force at 15.12.2014, see art. 1

[^key-7a83034fd78361a9bf93cbc76bfaf0fe]: Sch. 8 para. 54 in force at 15.12.2014, see art. 1

[^key-815ca3938364cb01fe8045ab34c9d3d4]: Sch. 8 para. 55 in force at 15.12.2014, see art. 1

[^key-5f07b1ad918da031b40219c1deb882c0]: Sch. 8 para. 56 in force at 15.12.2014, see art. 1

[^key-e07c219fbfd719575fa7d8c009a18e4c]: Sch. 8 para. 57 in force at 15.12.2014, see art. 1

[^key-e7f35af92347023c58bff6cd2c84befc]: Sch. 8 para. 58 in force at 15.12.2014, see art. 1

[^key-b56fd561a024c2e2eabed53c1dce67df]: Sch. 8 para. 59 in force at 15.12.2014, see art. 1

[^key-1f7b589094ea548f2fbeea31bcabf01d]: Sch. 8 para. 60 in force at 15.12.2014, see art. 1

[^key-7a0c6e97ea827e23ad3b9f4f010365df]: Sch. 8 para. 61 in force at 15.12.2014, see art. 1

[^key-43cb437e9b70d85e7f4fa0a029adae7d]: Sch. 8 para. 62 in force at 15.12.2014, see art. 1

[^key-7f1d9f41d91ce66d1df97ba09e01d825]: Sch. 8 para. 63 in force at 15.12.2014, see art. 1

[^key-15bd35cc80ab7a3cc3ab9a341521e7e1]: Sch. 8 para. 64 in force at 15.12.2014, see art. 1

[^key-297e43541ec559dac0dee4b8d660da58]: Sch. 8 para. 65 in force at 15.12.2014, see art. 1

[^key-f79246ec7f883f6e860e251fa21fdbcb]: Sch. 8 para. 66 in force at 15.12.2014, see art. 1

[^key-c1db16dbf40e842ecdd48bfeccc4d202]: Sch. 8 para. 67 in force at 15.12.2014, see art. 1

[^key-d01445a4747ef3aac244a3ce7ae52fa4]: Sch. 8 para. 68 in force at 15.12.2014, see art. 1

[^key-ebbc0123c8423de19ea2c7586d0a7810]: Sch. 8 para. 69 in force at 15.12.2014, see art. 1

[^key-19b5c191c3713accad5af35daf246f99]: Sch. 8 para. 70 in force at 15.12.2014, see art. 1

[^key-6d5cc384f3873de717cfc36703789481]: Sch. 8 para. 71 in force at 15.12.2014, see art. 1

[^key-277a43944d3818232f94f6799150f114]: Sch. 8 para. 72 in force at 15.12.2014, see art. 1

[^key-78efe961c7c9daa34d0aa359b2a7901f]: Sch. 8 para. 73 in force at 15.12.2014, see art. 1

[^key-31b2a5a5c16ca072da9265545e115181]: Sch. 8 para. 74 in force at 15.12.2014, see art. 1

[^key-218c957b0b47d8257db4b1a673c63a02]: Sch. 8 para. 75 in force at 15.12.2014, see art. 1

[^key-65cb709fe5b733c4a7bbd38dbf90f04e]: Sch. 8 para. 76 in force at 15.12.2014, see art. 1

[^key-dd8e87122bf89c03ba01b52d02eb81d4]: Sch. 8 para. 77 in force at 15.12.2014, see art. 1

[^key-2dac03bfedc6482731927559dc64cd5c]: Sch. 8 para. 78 in force at 15.12.2014, see art. 1

[^key-410dbbc3331cd2192a52d7d3c1cd6112]: Sch. 8 para. 79 in force at 15.12.2014, see art. 1

[^key-004a31d716d93bb505863674f28944cd]: Sch. 8 para. 80 in force at 15.12.2014, see art. 1

[^key-adbf31390975687acda4b5d948a3112f]: Sch. 8 para. 81 in force at 15.12.2014, see art. 1

[^key-3882e9fe35b99d2d42f176de65b897f1]: Sch. 8 para. 82 in force at 15.12.2014, see art. 1

[^key-47b882888608a0ae0c39e72404320c34]: Sch. 8 para. 83 in force at 15.12.2014, see art. 1

[^key-3243700017b614d6f1c7234c9e8fedca]: Sch. 8 para. 84 in force at 15.12.2014, see art. 1

[^key-ea5f7281b79201d3a974b23973b845a5]: Sch. 8 para. 85 in force at 15.12.2014, see art. 1

[^key-f57482700d3d5e151ecc2ac11e89a30b]: Sch. 1 in force at 15.12.2014, see art. 1

[^key-7ea96bdc2efe7c67207ca97a3a5eb686]: Sch. 2 in force at 15.12.2014, see art. 1

[^key-e298f2a5b632937dc6b37e62c9db0f45]: Sch. 4 Pt. 1 in force at 15.12.2014, see art. 1

[^key-583359be70cf588adf3b627969fb3872]: Sch. 4 Pt. 2 in force at 15.12.2014, see art. 1

[^key-ac9e58cb9f06ec6a0350a7ae765b4680]: Sch. 4 Pt. 3 in force at 15.12.2014, see art. 1

[^key-2159f5c959faa39c1d3f63782cccbed9]: Sch. 5 in force at 15.12.2014, see art. 1

[^key-9a35e33ce495646213499249be1d08d1]: Sch. 6 in force at 15.12.2014, see art. 1

[^key-4e6241a59b5ba381a9f2200846420db3]: Sch. 9 Pt. 1 in force at 15.12.2014, see art. 1

[^key-e80ff1c730aac0faf4d27280a6f4151a]: Sch. 9 Pt. 2 in force at 15.12.2014, see art. 1

[^key-238a836d2c6416e5340df02301b2d91e]: Sch. 9 Pt. 3 in force at 15.12.2014, see art. 1

[^key-4e5bd956ca0445d8729569404ed4c438]: Words in art. 16(7) substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 74 (with regs. 1(3), 77-79, Sch. 4)

[^key-2e0362b3d060363c0614e9d8e66c6166]: Words in Sch. 8 para. 30(2) substituted (10.4.2017) by The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407), reg. 1(a), Sch. 4 para. 5 (with reg. 1(c))