The London Underground (Bank Station Capacity Upgrade) Order 2015

Planning permission which is deemed by a direction under section 90(2A)⁴³ of the 1990 Act to be granted in relation to the authorised works is to be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).

Powers of disposal, agreements for operation, etc.

38

• (1) The Company may, with the consent of the Secretary of State, 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), the Company 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 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 the Company or any other person.

• (3) Any agreement under paragraph (2) may provide, amongst other things, for the exercise of the powers of the Company 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 the Company 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 the Company.

• (5) Sections 163 (restriction on disposal of land) and 207(2) (restrictions on contracting out certain services) of the Greater London Authority Act 1999⁴⁴ 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

39

• (1) This article applies to—

• (a) any agreement for leasing to any person the whole or any part of the authorised works or the right to operate the same; and

• (b) any agreement entered into by the Company 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.

Obstruction of construction of authorised works

40

Any person who, without reasonable excuse—

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

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

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

Disclosure of confidential information

41

A person who—

• (a) enters a factory, workshop or workplace in pursuance of the provisions of article 18 (protective works to buildings, roads and apparatus of a statutory undertaker) or article 19 (power to survey and investigate land); and

• (b) discloses to any person any information obtained by him 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.

Statutory undertakers etc.

42

The provisions of Schedule 10 (provisions relating to statutory undertakers etc.) have effect.

For the protection of specified undertakers

43

The provisions of Schedule 11 (for the protection of electricity, gas, water and sewerage undertakers) have effect.

For the protection of the Environment Agency

44

The provisions of Schedule 12 (for the protection of the Environment Agency) have effect.

For the protection of operators of electronic communications apparatus

45

The provisions of Schedule 13 (for the protection of operators of electronic communications code network) have effect.

For the protection of the City of London Corporation

46

The provisions of Schedule 14 (for the protection of the City of London Corporation) have effect.

Certification of plans etc.

47

The Company must, as soon as practicable after the making of this Order, submit copies of the book of reference, the sections, the land plan and the works plans, and the access to works and permanent stopping up of streets plan to the Secretary of State for certification that they are, respectively, true copies of the book of reference, sections and plans referred to in this Order; 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

48

• (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 (references to service by post) of the Interpretation Act 1978⁴⁵ 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, that person’s last known address 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 transmission given by a person may be revoked by that person in accordance with paragraph (8).

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

• (a) that person 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

49

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.

Arbitration

50

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 City of London -

Work No.1 - A railway 662 metres in length in tunnel, being a realignment of part of the southbound railway of the Company’s Northern Line, commencing by a junction with the southbound railway beneath a point 16 metres north of the junction of Gresham Street with Lothbury, passing in a southerly direction and terminating by a junction with the southbound railway beneath a point 39 metres south of the bridge carrying King William Street over Lower Thames Street.

Work No.1A - A passenger subway linking the proposed passenger platform forming part of Work No.1 to the Company’s existing Northern Line southbound passenger platform at Bank station, commencing by a junction with Work No.1 beneath a point 37 metres south-west of the junction of Sherborne Lane with King William Street and terminating beneath a point 7 metres south-east of that road junction.

Work No.1B - A passenger subway linking the proposed passenger platform forming part of Work No.1 to the Company’s existing Northern Line southbound platform at Bank station, commencing by a junction with Work No.1 beneath a point 40 metres south-west of the junction of Sherborne Lane with King William Street and terminating beneath a point 17 metres south-east of that road junction.

Work No. 1C - A passenger subway linking the proposed passenger platform forming part of Work No.1 to the Company’s existing Northern Line southbound platform at Bank station, commencing beneath a point 8 metres north-west of the junction of Abchurch Lane with King William Street and terminating at a junction with Work No. 1 beneath a point 38 metres west of that road junction.

Work No. 1D - A passenger subway linking the proposed passenger platform forming part of Work No.1 to the Company’s existing Northern Line southbound platform at Bank station, commencing beneath a point 28 metres south-east of the junction of Abchurch Lane with King William Street and terminating at a junction with Work No. 1 beneath a point 47 metres south-west of that road junction.

Work No. 2 – A passenger subway incorporating two banks of triple escalators between a proposed station entrance hall on the north side of Cannon Street to a passenger subway (Work No.1C) commencing at a point 19 metres north of the junction of Nicholas Lane with Cannon Street and terminating by a junction with Work No.1C beneath a point 15 metres west of the junction of Abchurch Lane with King William Street.

Work No. 3 – A passenger subway incorporating a bank of triple escalators between the existing Docklands Light Railway passenger subway at Bank station to the Company’s Northern Line passenger concourse commencing by a junction with Work No.1B beneath a point 22 metres south-west of the junction of Sherborne Lane with King William Street and terminating at the Docklands Light Railway passenger concourse beneath a point 12 metres south-west of the junction of Abchurch Lane with King William Street.

Work No. 4 - A passenger subway incorporating a moving passenger walkway between the passenger subway forming Work No.1A and the proposed passenger subway to the Company’s Central Line forming Work No. 5, commencing beneath a point 27 metres west of the junction of Prince’s Street with Threadneedle Street and terminating by a junction with Work No.1A at a point 22 metres south-west beneath the junction of Sherborne Lane with King William Street.

Work No. 5 – A passenger subway incorporating a bank of triple escalators between the passenger subway forming Work No.4 and the Company’s Central Line, commencing beneath a point 7 metres east of the junction of Prince’s Street with Threadneedle Street and terminating beneath a point 34 metres west of that road junction.

Work No. 6 - A passenger subway forming a reconstruction and enlargement of the existing passenger subway connecting the passenger subway forming Work No.5 to the Company’s Central Line passenger platforms at Bank station, commencing beneath a point 11 metres south-east of the junction of Prince’s Street with Threadneedle Street and terminating beneath a point 8 metres north of that road junction.

Work No. 7 - A tunnel for construction purposes commencing beneath a point 20 metres south of the junction of Sherborne Lane with King William Street and terminating beneath a point 11 metres south-east of that road junction.

Work No. 8 - A tunnel for construction purposes commencing beneath a point 14 metres west of the junction of Abchurch Lane with King William Street and terminating beneath a point 7 metres north of that road junction.

Work No. 9 – A tunnel for construction purposes commencing beneath a point 29 metres south of the junction of Abchurch Lane with King William Street and terminating beneath a point 22 metres south-east of that road junction.

Work No. 10 - A tunnel for construction and maintenance purposes, commencing by a junction with Work No.1 at a point 34 metres east of the junction of Abchurch Lane with Cannon Street and terminating at a point 10 metres north of the junction of Nicholas Lane with King William Street. Work No. 10 includes alterations to the headwalls of the Company’s existing Northern Line southbound and northbound platforms and to the Company’s existing escalator tunnel to Monument Station to enlarge the existing passenger subway.

Work No. 11 - A tunnel for construction and maintenance purposes linking Work No.1 to the Company’s existing Northern Line southbound tunnel, commencing by a junction with Work No.1 beneath a point 28 metres south of the junction of Prince’s Street with Moorgate and terminating beneath a point 28 metres south of that road junction.

Work No. 12 - A tunnel for construction and maintenance purposes linking Work No.1 to the Company’s existing Northern Line southbound tunnel, commencing by a junction with Work No.1 beneath a point 24 metres north-west of the junction of King William Street with Arthur Street and terminating beneath a point 20 metres north-east of that road junction.

Work No. 13A - A passenger subway linking the Docklands Light Railway arrival platform to the concourse of that railway at Bank station, commencing beneath a point 36 metres north-west of the junction of Abchurch Lane with King William Street and terminating beneath a point 32 metres north-west of that road junction.

Work No. 13B - A passenger subway linking the Docklands Light Railway departure platform to the concourse of that railway at Bank station, commencing beneath a point 32 metres north-west of the junction of Abchurch Lane with King William Street and terminating beneath a point 30 metres north-west of that road junction.

Work No. 14 - A passenger subway linking the Docklands Light Railway arrival and departure platforms to the concourse of that railway at Bank station, commencing beneath a point 20 metres south-west of the junction of Abchurch Lane with King William Street and terminating beneath a point 7 metres south-east of that junction.

Work No. 15 - A passenger subway linking the Docklands Light Railway arrival platform to the concourse of that railway at Bank station, commencing beneath a point 30 metres south of the junction of Abchurch Lane with King William Street and terminating beneath a point 26 metres south of that road junction.

Work No. 16 - A passenger subway connecting the Company’s Central Line eastbound and westbound passenger platforms at Bank station, commencing beneath a point 21 metres north-east of junction of Walbrook with Queen Victoria Street and terminating beneath a point 15 metres north-east of that road junction.

Work No. 17 - A tunnel for services between Work No.4 and the Company’s existing Central Line ticket hall, commencing beneath a point 29 metres south-west of junction of Prince’s Street with Threadneedle Street and terminating beneath a point 6 metres south of that road junction.

Work No.18 – A passenger subway connecting Work No.1A to the Company’s existing passenger lift (No. D6) commencing beneath a point 20 metres south of the junction of St Swithin’s Lane and King William Street and terminating beneath a point 10 metres south of the junction of Sherborne Lane with King William Street.

Work No. 19 - A tunnel for construction and maintenance purposes linking Work No.1 to Work Nos. 4 and 5, commencing by a junction with Work No.1 beneath a point 65 metres north-west of the junction of Poultry with King William Street and terminating beneath a point 27 metres west of that road junction.

Work No. 20 - A tunnel for construction and maintenance purposes, commencing by a junction with Work No. 3 beneath a point 33 metres south of the junction of Sherborne Lane with King William Street and terminating at point 26 metres south of that road junction.

Work No. 21 - A passenger subway between the proposed lift shaft and Work No.1D, commencing beneath a point 31 metres south of the junction of Abchurch Lane with King William Street and terminating at point 36 metres south of that junction.

Work No. 22 - A tunnel for operational services between the proposed shaft to incorporate a proposed lift and Work No.1D, commencing beneath a point 34 metres south of the junction of Abchurch Lane with King William Street and terminating at point 38 metres south of that road junction.

Work No. 23 - A tunnel for construction purposes, linking Work No.1C with Work No. 3, commencing by a junction with Work No.3 beneath a point 27 metres south of the junction of Sherborne Lane with King William Street and terminating at point 24 metres west of the junction of Abchurch Lane with King William Street.

Work No. 24 - A tunnel for operational services linking Work No 10 to the proposed lift shaft, commencing by a junction with Work No. 1 at a point 16 metres west of the junction of Nicholas Lane with King William Street and terminating at a point 14 metres west of that road junction.

SCHEDULE 2 — STREETS SUBJECT TO STREET WORKS

(1) Area

(2) Street subject to street works

City of London

Moorgate Founders Court Gresham Street Lothbury Prince’s Street Grocers’ Hall Court Poultry St Mildred’s Court Mansion House Street Threadneedle Street Cornhill Queen Victoria Street Walbrook Bucklersbury St Stephen’s Row Mansion House Place Lombard Street King William Street St Swithin’s Lane Cleary Court Post Office Court Sherborne Lane Abchurch Lane Abchurch Yard Nicholas Passage Nicholas Lane Clement’s Lane Lombard Court St Clement’s Court Eastcheap Gracechurch Street Monument Street Lower Thames Street Upper Thames Street Arthur Street Martin Lane Laurence Pountney Lane Unnamed section of street off Laurence Pountney Lane delineated on the land plan and numbered 128 and 129 Cannon Street Laurence Pountney Hill Suffolk Lane

SCHEDULE 3 — STREETS TO BE STOPPED UP

STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1)Area	(2)Street to be stopped up	(3)Extent of stopping up
City of London	Cannon Street	The areas shown red between points A1, A2, A3, A4 and B1, B2, B3 and B4 shown on the access to works and permanent stopping up of streets plan
	Nicholas Lane	The areas shown red between points C1, C2, C3, C4 and D1, D2, and D3 shown on the access to works and permanent stopping up of streets plan

SCHEDULE 4 — STREETS TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of temporary stopping up
City of London	Moorgate Founders Court Gresham Street Lothbury Prince’s Street Grocers’ Hall Court Poultry St Mildred’s Court Mansion House Street Threadneedle Street Cornhill Queen Victoria Street Walbrook Bucklersbury St Stephen’s Row Mansion House Place Lombard Street King William Street St Swithin’s Lane Cleary Court Post Office Court Sherborne Lane Abchurch Lane Abchurch Yard Nicholas Passage Nicholas Lane Clement’s Lane Lombard Court St Clement’s Court Eastcheap Gracechurch Street Monument Street Lower Thames Street Upper Thames Street Arthur Street Martin Lane Laurence Pountney Lane Unnamed section of street off Laurence Pountney Lane delineated on the land plan and numbered 128 and 129 Cannon Street Laurence Pountney Hill Suffolk Lane	Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits Within the Order limits

SCHEDULE 5 — ACCESS TO WORKS

(1) Area	(2) Description of access
City of London	Cannon Street Nicholas Lane Suffolk Lane

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

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 1973⁴⁶ 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 “land is acquired or taken” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

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

• (3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5, 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 land consisting of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or (b) a right over land consisting of a park or garden belonging to a house can be taken 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 but also the use to be made of the right proposed to be acquired, and, in a case where the right is proposed to be acquired 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 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 Lands Chamber of 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 (Bank Station Capacity Upgrade) Order 2015⁴⁷ (“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 11 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 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20 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 7 — ACQUISITION OF LAND AND OF SUBSOIL OF LAND ONLY AND POWER TO IMPOSE RESTRICTIVE COVENANTS

PART 1 — ACQUISITION OF LAND

(1) Area	(2) Number of land shown on the land plan
City of London	99, 100, 101, 102, 103, 104, 105, 106, 107

PART 2 — LAND OF WHICH ONLY SUBSOIL MAY BE ACQUIRED

(1) Area	(2) Number of land shown on the land plan
City of London	5, 6, 12, 15, 17, 18, 19, 24, 25, 29, 34, 35, 37, 38, 39, 45, 46, 56, 76, 77, 78, 80, 82, 83, 91, 92, 93, 98, 109, 118, 119, 132, 133, 134, 137, 139, 143, 145, 147, 148, 149, 154, 158, 159

PART 3 — LAND OVER WHICH RESTRICTIVE COVENANTS MAY BE IMPOSED

(1) Area	(2) Number of land shown on the land plan	(3) Purpose for which restrictive covenants may be imposed
City of London	18, 25, 29, 35, 78, 80, 143, 149	Protection of tunnels

SCHEDULE 8 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Number of land shown on the land plan	(3) Purpose for which temporary possession may be taken
City of London	108	Erecting scaffolding to carry out protective works to St Mary Abchurch and carrying out of utility works.
City of London	90, 92, 93, 97, 108, 109, 110, 116, 120, 121	Crane oversailing.
City of London	128, 129	To provide a temporary means of passage for persons and vehicles from Laurence Pountney Lane to access adjacent buildings.

SCHEDULE 9 — TRAFFIC REGULATION

PART 1 — PARKING PLACES

(1) Road	(2) Side	(3) Description	(4) Notes
Suffolk Lane	South end where it meets Upper Thames Street	Suspension and removal of motorcycle parking place (1.8 metres wide and 5.5 long) from the curb line of Suffolk Lane 18 metres south west of the centre of the junction of Suffolk Lane with Bush Lane to a point 5.5 metres south east of that point.	To enable emergency vehicle access to Cannon Street from Upper Thames Street when Arthur Street is closed.
Laurence Pountney Hill	South	Introduction of a new motorcycle parking place (1.8 metres wide and 5.5 metres long) and associated signage and road markings from a point 39 metres east of the centre of the junction of Laurence Pountney Hill with Suffolk Lane to a point 5.5 metres east of this point.	To provide a replacement motorcycle parking place for the removal of the motorcycle parking place on Suffolk Lane.

PART 2 — BUS LANES

(1) Road	(2) Side	(3) Description	(4) Notes
A3 King William Street	West	Suspension of the Bus Lane along the nearside lane of the northbound A3 King William Street dual carriageway from a point 31 metres north of the centre of the junction of the A3 King William Street with Arthur Street to a point 90 metres south of that point.	To facilitate its use by other vehicles to enable the Arthur Street Work Site to utilise adjacent sections of the highway.
A3 King William Street	West	Suspension of part of Bus Lane along the nearside lane of the A3 King William Street northbound dual carriageway from a point 31 metres north of the centre of the junction of the A3 King William Street with Arthur Street to a point 42 metres south of that point.	To facilitate turning manoeuvres by authorised construction traffic turning left from Arthur Street to A3 King William Street.
Arthur Street	North	Suspension of the eastbound Bus Lane along Arthur Street approaching A3 King William Street from a point 44 metres east of the junction of Arthur Street with Martin Lane to a point 28 metres east of that point.	To facilitate through and turning manoeuvres by authorised vehicles leaving Arthur Street and turning left onto the A3 King William Street.

PART 3 — PEDESTRIAN CROSSINGS

(1) Road	(2) Side	(3) Description	(4) Notes
Arthur Street	Crossing southbound carriageway	Suspension of a light controlled pedestrian crossing across Arthur Street centred on a point 7 metres south-west of the centre of the junction of Arthur Street with A3 King William Street.	For the Arthur Street Work Site.

PART 4 — NO WAITING AND NO LOADING AT ANY TIME

(1) Road	(2) Side	(3) Description	(4) Notes (in this part of this Schedule ‘Whole Block Site off Cannon Street’ means the land numbered 99,100,101,102,103,104,105, 106 and 107on the land plan)
Cannon Street	North	No loading or unloading at any time (24 hours all days) restriction along the northern side of Cannon Street from its junction with Abchurch Lane in an easterly direction to its junction with Nicholas Lane; an overall distance of 40 metres. Exemptions to apply for authorised construction vehicles.	To prevent loading/ unloading activity along the frontage of the Whole Block Site off Cannon Street to facilitate construction activity, with exemptions for construction traffic.
Cannon Street	South	No loading or unloading at any time (24 hours all days) restriction along the southern side of Cannon Street from a point 20 metres west of the centre of its junction with Martin Lane in a westerly direction for an overall distance of approximately 40 metres.	To prevent loading/ unloading activity opposite the frontage of the Whole Block Site off Cannon Street to facilitate construction traffic entering and exiting the site.
King William Street	West	No loading or unloading at any time (24 hours all days) restriction along the western side of King William Street from its junction with Abchurch Lane in a southerly direction to its junction with Nicholas Lane; an overall distance of 59 metres. Exemptions to apply for authorised construction vehicles.	To prevent loading/ unloading activity along the frontage of the Whole Block Site off Cannon Street to facilitate construction activity, with exemptions for construction traffic.
Suffolk Lane	South end where it meets Upper Thames Street	No loading or unloading at any time (24 hours all days) restriction along the south end of Suffolk Lane where it meets Upper Thames Street; an overall distance of 5.5 metres.	To prevent loading/ unloading activity for clear access for emergency service vehicles.
Suffolk Lane	West	No loading or unloading at any time (24 hours all days) restriction along the western side of Suffolk Lane from its southernmost point to its junction with Bush Lane; an overall distance of 18 metres.	To prevent loading/ unloading activity for clear access for emergency service vehicles.
Suffolk Lane	East	No loading or unloading at any time (24 hours all days) restriction along the eastern side of Suffolk Lane from its southernmost point to a point 24 metres north of that point; an overall distance of 24 metres.	To prevent loading/ unloading activity for clear access for emergency service vehicles.
Bush Lane	North and South	No loading or unloading at any time (24 hours all days) restriction along the northern and southern sides of Bush Lane at its junction with Bush Lane; an overall distance on each side of 17 metres.	To prevent loading/ unloading activity for clear access for emergency service vehicles.
Laurence Pountney Hill	East	No loading or unloading at any time (24 hours all days) restriction along the east side of Laurence Pountney Hill; an overall distance of 4 metres.	To prevent loading/ unloading activity for clear access for motorcycle parking.

PART 5 — DIRECTION OF TRAFFIC

(1) Road	(2) Side	(3) Description	(4) Notes
Abchurch Lane	Entire carriageway	Suspension of all or part of the northbound One Way restriction for motorised vehicles along Abchurch Lane from its junction with Cannon Street to King William Street, an overall maximum distance of 89 metres.	To allow access to the road from King William Street in the event that sections of Abchurch Lane are closed for construction works.
Abchurch Lane	Entire carriageway	Suspension of southbound contraflow cycle lane along whole or part of road.	To allow access by motorised vehicles to the road from King William Street in the event that sections of Abchurch Lane are closed for construction works.
Bucklersbury	Entire carriageway	Suspension of all of the One Way restriction for motorised vehicles along Bucklersbury from its junction with Queen Victoria Street to Walbrook, an overall maximum distance of 43 metres.	To allow two way traffic in the event that sections of Walbrook are closed for protective works.

PART 6 — PROHIBITION OF MOVEMENT

(1) Road	(2) Side	(3) Description	(4) Notes (in this part of this Schedule ‘Whole Block Site off Cannon Street’ means the land numbered 99,100,101,102,103,104,105, 106 and 107on the land plan)
Arthur Street	North	Suspension of ‘No Entry except Left Turning’ buses Order. Northern end of Arthur Street at its junction with A3 King William Street.	To enable authorised vehicles to turn from Arthur Street onto the northbound carriageway of the A3 King William Street.
A3211 Upper Thames Street	Westbound Carriageway	Suspension of ‘No Right Turn except buses’ restriction and replacement with ‘No Right Turn except Authorised Construction Traffic’: Restriction on manoeuvres A3211 Upper Thames Street westbound carriageway for vehicles turning right into Arthur Street.	To manage access during closure of Arthur Street and facilitate turning manoeuvres and access from the westbound carriageway of A3211 Upper Thames Street by construction vehicles only.
Suffolk Lane	South end where it meets Upper Thames Street	Introduction of a “No Entry Except for Cycles” restriction.	To prevent unauthorised vehicles from accessing Suffolk Lane from Upper Thames Street.
King William Street	Northbound carriageway for vehicles turning left onto Cannon Street and right onto Gracechurch Street and Eastcheap (via Monument junction)	Suspension of the 18 tonne vehicle weight restriction.	To allow heavy goods vehicles from the Arthur Street Work Site to travel to the Whole Block Site off Cannon Street via Monument Junction and for construction vehicles to travel from the Arthur Street Work Site eastbound via Monument Junction.

SCHEDULE 10 — PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

Apparatus of statutory undertakers etc. on land acquired

1

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

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

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

• (4) Sub-paragraph (3) 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 the Company compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

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

• (6) In this paragraph—

• “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003⁴⁸; and

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

Apparatus of statutory undertakers etc. in stopped up streets

2

• (1) Where a street is stopped up under article 12 (stopping up of streets) any statutory utility whose apparatus is under, in, upon, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

• (2) Where a street is stopped up under article 12 any statutory utility whose apparatus is under, in, upon, over, along or across the street may, and if reasonably requested to do so by the Company must—

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

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

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

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

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

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

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

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

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

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

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

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

• (6) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (3) (and having regard, where relevant, to sub-paragraph (4)) 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 utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

• (7) Sub-paragraphs (3) to (6) do not apply where the authorised works constitute major transport works for the purposes of Part 3 of the 1991 Act, but instead—

• (a) the allowable costs of the relocation works are to be determined in accordance with section 85 of that Act (sharing of cost of necessary measures) and any regulations for the time being having effect under that section; and

• (b) the allowable costs are to be borne by the Company and the statutory utility in such proportions as may be prescribed by any such regulations.

• (8) In this paragraph—

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

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

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

Railway and navigation undertakings

3

• (1) Subject to the following provisions of this paragraph, the powers under article 11 (power to execute street works) to break up or open a street are not exercisable where the street, not being a highway maintainable at public expense (within the meaning of the 1980 Act) is under the control or management of, or is maintainable by, railway undertakers or a navigation authority except with the consent of the undertakers or authority.

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

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

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

SCHEDULE 11 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1

• (1) The following provisions, unless otherwise agreed in writing between the Company and the undertakers concerned, have effect.

• (2) The provisions of Schedule 10 (provisions relating to statutory undertakers etc.), in so far as they relate to the removal of apparatus, do not apply in relation to apparatus to which this Schedule applies.

2

• (1) In this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989⁴⁹) belonging to or maintained by that undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter for the purposes of gas supply; in the case of a water undertaker, any mains, pipes or other apparatus belonging to or maintained by that undertaker for the purposes of water supply; and in the case of a sewerage undertaker— any drain or works vested in the undertaker under the Water Industry Act 1991⁵⁰; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act, and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

• “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and

• “undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986⁵¹; a water undertaker within the meaning of the Water Industry Act 1991; and a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991, for the area of the authorised works, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

3

This Schedule does not apply to apparatus in respect of which the relations between the Company and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.

4

• (1) Where any street is stopped up under article 12 (stopping up of streets), any undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up, but nothing in this paragraph affects any right of the Company or of the undertaker to require the removal of that apparatus under paragraph 6(2) or the power of the Company to carry out works under paragraph 8.

• (2) The Company must give not less than 28 days’ notice in writing of its intention to stop up any street under article 12 to any undertaker whose apparatus is in that street.

5

Regardless of any provision in this Order or anything shown on the lands plan or works plans the Company must not acquire any apparatus other than by agreement.

6

• (1) If, in the exercise of the powers conferred by this Order, the Company acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Schedule and any right of an undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertaker in question.

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the Company requires the removal of any apparatus placed in that land, it must give to the undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) the Company must, subject to sub-paragraph (3), afford to the undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the Company and for the subsequent maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the Company, or the Company is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker in question must, on receipt of a written notice to that effect from the Company, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the Company under this Schedule is to be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and the Company or in default of agreement settled by arbitration in accordance with article 50 (arbitration).

• (5) The undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 50, and after the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the Company to be removed under the provisions of this Schedule.

• (6) Regardless of anything in sub-paragraph (5), if the Company gives notice in writing to the undertaker in question that it desires itself to execute any work to which this sub-paragraph applies, that work, instead of being executed by the undertaker, must be executed by the Company without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the undertaker.

• (7) Sub-paragraph (6) applies to any part of any work necessary in connection with construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land of the Company.

• (8) Nothing in sub-paragraph (6) authorises the Company to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

7

• (1) Where, in accordance with the provisions of this Schedule, the Company affords to an undertaker facilities and rights for the construction and maintenance in land of the Company of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the Company and the undertaker in question or in default of agreement settled by arbitration in accordance with article 50 (arbitration).

• (2) In settling those terms and conditions in respect of the alternative apparatus to be constructed in or along any railway, the arbitrator must—

• (a) give effect to all reasonable requirements of the Company for ensuring the safety and efficient operation of the railway and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the Company or the traffic on the railway; and

• (b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in or along the railway for which the alternative apparatus is to be substituted.

• (3) If the facilities and rights to be afforded by the Company in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the Company to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

8

• (1) Not less than 28 days before starting the execution of any works of the type referred to in paragraph 6(2) that are near to, or will or may affect, any apparatus the removal of which has not been required by the Company under paragraph 6(2), the Company must submit to the undertaker in question a plan, section and description of the works to be executed.

• (2) Those works are to be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and an officer of the undertaker is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by the undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

• (4) If an undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the Company, reasonably requires the removal of any apparatus and gives written notice to the Company of that requirement, paragraphs 6 and 7 apply as if the removal of the apparatus had been required by the Company under paragraph 6(2).

• (5) Nothing in this paragraph precludes the Company from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

• (6) The Company is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

9

• (1) Subject to the following provisions of this paragraph, the Company must repay to an undertaker the reasonable expenses incurred by that undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 6(2).

• (2) The value of any apparatus removed under the provisions 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 Schedule—

• (a) 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; or

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

and the placing of apparatus of that type or capacity or those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the Company or, in default of agreement, is not determined by arbitration in accordance with article 50 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under 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 sub-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; 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 ordinary course, be reduced by the amount which represents that benefit.

10

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 6(2), 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, the Company must—

• (a) bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and

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

by reason or in consequence of any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on the Company 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 the Company reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the Company, 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.

SCHEDULE 12 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

1

• (1) The following provisions of this Schedule, unless otherwise agreed in writing between the Company and the Agency, have effect.

• (2) In this Schedule—

• “the Agency” means the Environment Agency;

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

• “drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

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

• “specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to— affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work; or affect the flow, purity or quality of water in any watercourse or ground water.

2

• (1) Before beginning to construct any specified work, the Company must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the submission of the plans reasonably require.

• (2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 13.

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

• (a) must not be unreasonably withheld;

• (b) is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

• (c) may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or for the protection of water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties.

• (4) The Agency 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).

3

Without limitation on the scope of paragraph 2, the requirements which the Agency may make under that paragraph include conditions requiring the Company at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

• (a) to safeguard any drainage work against damage; or

• (b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,

by reason of any specified work.

4

• (1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 3, must be constructed—

• (a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Schedule; and

• (b) to the reasonable satisfaction of the Agency,

and an officer of the Agency is entitled to watch and inspect the construction of such works.

• (2) The Company must give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.

• (3) If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Schedule, the Agency may by notice in writing require the Company at the Company’s own expense to comply with the requirements of this Schedule or (if the Company so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.