The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016

• (3) Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

61

The undertaker must—

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

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

62

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

63

• (1) If any permanent or temporary alterations or additions to railway property, are reasonably necessary in consequence of the construction of a specified work or a protective work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If during the construction of a specified work or a protective work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work or the protective work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work or the protective work is to be constructed, Network Rail must assume construction of that part of the specified work or the protective work and the undertaker must, regardless of any such approval of a specified work or a protective work under paragraph 59(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work or protective work.

• (3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 64(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

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

64

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

• (a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 59(3) or in constructing any protective works under the provisions of paragraph 59(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

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

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

• (d) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or a protective work or from the substitution of diversion of services which may be reasonably necessary for the same reason; and

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

65

• (1) In this paragraph—

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

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

• (2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 59(1) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).

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

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

• (a) the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 59(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

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

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

• (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 59(1) have effect subject to this sub-paragraph.

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

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

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

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

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

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

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

• (b) any modifications to Network Rail’s apparatus approved under those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 60.

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 69(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

• (10) For the purpose of paragraph 64(a) any modifications to Network Rail’s apparatus under this paragraph are deemed to be protective works referred to in that paragraph.

• (11) In relation to any dispute arising under this paragraph the reference in article 43 (arbitration) to the Institution of Civil Engineers is to be read as a reference to the Institution of Engineering and Technology.

66

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

67

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

68

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

69

• (1) The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to or reasonably incurred by Network Rail—

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

• (b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work or a protective work,

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

• (2) Network Rail must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand is to be made without the prior consent of the undertaker.

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

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

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

• (6) In this paragraph—

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

• “train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.

70

Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Schedule (including the amount of the relevant costs mentioned in paragraph 69) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made under this Part of this Schedule (including any claim relating to those relevant costs).

71

In the assessment of any sums payable to Network Rail under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable.

72

The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—

• (a) any railway property shown on the works plans and the land plans and described in the book of reference;

• (b) any lands, works or other property held in connection with any such railway property; and

• (c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

73

Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993.

74

The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 9 (consent to transfer benefit of Order) and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

• (a) the nature of the application to be made;

• (b) the extent of the geographical area to which the application relates; and

• (c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

75

The undertaker must no later than 28 days from the date that the documents submitted to and certified by the Secretary of State in accordance with article 41 (certification of plans) are certified by the Secretary of State, provide a set of those documents to Network Rail in the form of a computer disc with read only memory.

PART 7 — FOR THE PROTECTION OF ANGLIAN WATER

76

For the protection of Anglian Water Services Limited, the following provisions shall, unless otherwise agreed in writing between the undertaker and Anglian Water Services Limited, have effect.

77

In this Part of this Schedule—

• “Anglian Water” means Anglian Water Services Limited, company number 02366656, whose registered office is at Lancaster House, Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire PE29 6YJ;

• “apparatus” means any works, mains, pipes or other apparatus belonging to or maintained by Anglian Water for the purposes of water supply and sewerage and— any drain or works vested in Anglian Water under the Water Industry Act 1991[^f00066]; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of the Water Industry Act 1991 or an agreement to adopt made under section 104 of that Act[^f00067], and includes a sludge main, disposal main or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any sewer, drain, or works (within the meaning of section 219 of that Act) and any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

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

• “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;

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

• “the standard protection strips” means strips of land falling the following distances to either side of the medial line of any relevant pipe or apparatus— 2.25 metres where the diameter of the pipe is less than 150 millimetres; 3 metres where the diameter of the pipe is between 150 and 450 millimetres; 4.5 metres where the diameter of the pipe is between 450 and 750 millimetres; and 6 metres where the diameter of the pipe exceeds 750 millimetres.

78

The undertaker must not interfere with, build over or near to any apparatus within the Order land or 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 the standard protection strips unless otherwise agreed in writing with Anglian Water, such agreement not to be unreasonably withheld or delayed, and such provision being brought to the attention of any agent or contractor responsible for carrying out any part of the authorised development on behalf of the undertaker.

79

The alteration, extension, removal or re-location of any apparatus shall not be implemented until—

• (a) any requirement for any permits under the Environmental Permitting Regulations 2010[^f00068] or other legislation and any other associated consents are obtained, and any approval or agreement required from Anglian Water on alternative outfall locations as a result of such re-location are approved, such approvals from Anglian Water not to be unreasonably withheld or delayed; and

• (b) the undertaker has made the appropriate application under sections 106 (right to communicate with public sewers), 112 (requirement that proposed drain or sewer be constructed so as to form part of a general system) or 185 (duty to move pipes, etc.) of the Water Industry Act 1991 as may be required by those provisions and has provided a plan and section of the works proposed to Anglian Water and Anglian Water has given the necessary consent or approval under those provisions, such agreement not to be unreasonably withheld or delayed,

and such works are to be executed only in accordance with the plan, section and description submitted and in accordance with such reasonable requirements as may be made by Anglian Water for the alteration or otherwise for the protection of the apparatus, or for securing access to it.

80

In the situation, where in exercise of the powers conferred by the Order, the undertaker acquires any interest in any land in which any apparatus is placed and such apparatus is to be relocated, extended, removed or altered in any way, no alteration or extension shall take place until Anglian Water has established to its reasonable satisfaction contingency arrangements in order to conduct its functions for the duration of the works to relocate, extend, remove or alter the apparatus.

81

Regardless of any provision in this Order or anything shown on any plan, the undertaker must not acquire any apparatus otherwise than by agreement, and before extinguishing any existing rights for Anglian Water to use, keep, inspect, renew and maintain its apparatus in the Order land, the undertaker must, with the agreement of Anglian Water, create a new right to use, keep, inspect, renew and maintain the apparatus that is reasonably convenient for Anglian Water, such agreement not to be unreasonably withheld or delayed.

82

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

83

If in consequence of the exercise of the powers conferred by the Order, previously unmapped sewers, lateral drains or other apparatus are identified by the undertaker, notification of the location of such assets will immediately be given to Anglian Water and afforded the same protection as other Anglian Water assets.

84

If for any reason or in consequence of the construction of any of the works referred to in paragraphs 78 to 80 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 Anglian Water, or there is any interruption in any service provided, or in the supply of any goods, by Anglian Water, the undertaker must—

• (a) bear and pay the cost reasonably incurred by Anglian Water in making good any damage or restoring the supply; and

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

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

85

Any dispute arising between the undertaker and Anglian Water under this Part of this Schedule must be referred to and settled by arbitration under article 43 (arbitration).

PART 8 — FOR THE PROTECTION OF CLH PIPELINE SYSTEM (CLH-PS) LTD

Application

86

For the protection of CLH the following provisions, unless otherwise agreed in writing at any time between the undertaker and CLH, have effect.

Interpretation

87

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable CLH to fulfil its functions as a pipe-line operator in a manner no less efficient than previously;

• “apparatus” means the pipe-line and storage system owned or maintained by CLH and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “CLH” means CLH Pipeline System (CLH-PS) Ltd and any successor in title;

• “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;

• “pipe-line” means the whole or any part of a pipe-line belonging to or maintained by CLH and includes any ancillary works and apparatus; all protective wrappings, valves, sleeves and slabs, cathodic protection units, together with ancillary cables and markers; and such legal interest and benefit of property rights and covenants as are vested in CLH in respect of those items;

• “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

• “specified work” means any work which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus; and

• “working day” means any day other than a Saturday, Sunday or English bank or public holiday.

Acquisition of apparatus

88

Irrespective of any provision in this Order or anything shown on the land plans—

• (a) the undertaker must not acquire any apparatus or obstruct or render less convenient the access to any apparatus, otherwise than by agreement with CLH; and

• (b) any right of CLH to maintain, repair, renew, adjust, alter or inspect any apparatus must not be extinguished by the undertaker until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of CLH.

Removal of apparatus and rights for alternative apparatus

89

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that any apparatus is relocated or diverted, that apparatus must not be removed by the undertaker and any right of CLH to maintain and use that apparatus in that land and to gain access to it must not be extinguished until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of CLH.

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give CLH 28 days’ written notice of that requirement, together with a plan 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 CLH reasonably needs to remove any apparatus) the undertaker must, subject to sub-paragraph (3), afford to CLH the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the 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 undertaker, or the undertaker 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 must afford to and, if necessary, acquire for the benefit of CLH the necessary facilities and rights (equivalent to those currently enjoyed by CLH) for the construction, maintenance and use of the alternative apparatus and access to it.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between CLH and the undertaker or in default of agreement settled by arbitration in accordance with article 43 (arbitration).

• (5) CLH must, after the alternative apparatus to be provided or constructed has been agreed or settled in accordance with article 43, and after the grant to CLH of any such facilities and rights as are referred to in sub-paragraphs (2) and (3), proceed as soon as reasonably practicable using all reasonable endeavours to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Schedule.

• (6) Irrespective of sub-paragraph (5), if the undertaker gives notice in writing to CLH that it desires itself to execute any work, or part of any work in connection with the construction, removal or decommissioning of apparatus in the land of the undertaker or the construction of alternative apparatus, that work, instead of being executed by CLH, must be executed by the undertaker without unnecessary delay under the superintendence, if required, and to the reasonable satisfaction of CLH.

• (7) Nothing in sub-paragraph (6) authorises the undertaker 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 3000 millimetres of the apparatus without CLH’s consent.

Facilities and rights for alternative apparatus

90

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to CLH facilities and rights for the construction and maintenance in land of the undertaker 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 undertaker and CLH or in default of agreement settled by arbitration in accordance with article 43 (arbitration).

• (2) In settling those terms and conditions in respect of alternative apparatus the arbitrator must—

• (a) give effect to all reasonable requirements of the undertaker for ensuring the safety and efficient operation of the authorised development 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 undertaker or the traffic on the highway; 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 for which the alternative apparatus is to be substituted.

• (3) If the facilities and rights to be afforded by the undertaker 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 CLH 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 undertaker to CLH as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection

91

• (1) Unless a shorter period is otherwise agreed in writing between the undertaker and CLH, not less than 28 days before commencing any specified work in relation to apparatus the removal of which has not been required by the undertaker under sub-paragraph 89(2)‎, the undertaker must submit to CLH a plan of the works to be executed.

• (2) The specified work must be executed only in accordance with the plan submitted under sub-paragraph (1) and approved by CLH, and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by CLH for the alteration or otherwise for the protection of the apparatus, or for securing access to it; and CLH is entitled to watch and inspect the execution of the specified work.

• (3) Any requirements made by CLH under sub-paragraph (2) must be made within a period of 14 days (unless a shorter period is otherwise agreed in writing between the undertaker and CLH) beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

• (4) If CLH in accordance with sub-paragraph (2) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, this Part of this Schedule applies as if the removal of the apparatus had been required by the undertaker under sub-paragraph 89(2).

• (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time but (unless otherwise agreed in writing between the undertaker and CLH) in no case less than 28 days before commencing any specified work, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to CLH notice of the works it intends to carry out to remedy the emergency together with a plan as soon as is reasonably practicable and must comply with sub-paragraph ‎(2) in so far as is reasonably practicable in the circumstances.

• (7) In relation to any specified work, the plan to be submitted to CLH under sub-paragraph (1) must include a material statement describing—

• (a) the exact position of the work;

• (b) the level at which the work is to be constructed or renewed;

• (c) the manner of its construction or renewal;

• (d) the position of any apparatus; and

• (e) by way of detailed drawings, every alteration proposed to be made to the apparatus.

Cathodic protection testing

92

Where in the reasonable opinion of the undertaker—

• (a) the authorised development might interfere with the existing cathodic protection forming part of a pipe-line; or

• (b) a pipe-line might interfere with the proposed or existing cathodic protection forming part of the authorised development,

Expenses

93

• (1) Subject to the following provisions of this paragraph, the undertaker must pay to CLH the reasonable costs and expenses incurred by CLH in, or in connection with—

• (a) the inspection, removal, alteration or protection of any apparatus; or

• (b) the construction of any new apparatus; or

• (c) the watching and inspecting the execution of any specified work; or

• (d) imposing reasonable requirements for the protection or alteration of apparatus,

which may reasonably be required in consequence of the execution of any such works as are required under this Schedule.

• (2) The scrap value of any apparatus removed under the provisions of this Part of 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) 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 of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 43 (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 sub-paragraph would be payable to CLH by virtue of sub-paragraph (1) is 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 a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a pipe or 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 CLH in respect of works by virtue of sub-paragraph (1), 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 CLH any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

Damage to property and other losses

94

• (1) Subject to the following provisions of this paragraph, the undertaker must—

• (a) indemnify CLH for all loss, damage, liability, costs and expenses reasonably suffered or incurred by CLH for which CLH is legally liable as a result of legally sustainable claims brought against CLH by any third party solely arising out of the carrying out of any relevant works and any protective building works;

• (b) bear on demand the cost reasonably incurred by CLH in making good any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) arising from or caused by the carrying out of any relevant works or protective building work; and

• (c) bear and pay the cost reasonably incurred by CLH in stopping, suspending and restoring the supply though its pipe-line and make reasonable compensation to CLH for any other expenses, losses, damages, penalty or costs incurred by CLH by reason or in consequence of any such damage or interruption provided that the same arises in consequence of the carrying out of any relevant works and any protective building works.

• (2) The fact that any act or thing may have been done by CLH on behalf of the undertaker or in accordance with a plan approved by CLH or in accordance with any requirement of CLH or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).

• (3) Irrespective of anything to the contrary elsewhere in this Part of this Schedule—

• (a) the undertaker and CLH must at all times take reasonable steps to prevent and mitigate any loss, damage, liability, claim, cost or expense (whether indemnified or not) which either suffers as a result of the other’s negligence or breach of this Part of this Schedule; and

• (b) neither the undertaker nor CLH are liable for any loss, damage, liability, claim, cost or expense suffered or incurred by the other to the extent that the same are incurred as a result of or in connection with the sole, partial or complete breach of this Part of this Schedule or negligence arising out of an act, omission, default or works of the other, its officers, servants, contractors or agents.

• (4) CLH must give to the undertaker reasonable notice of any claim or demand to which this paragraph 94 applies. The undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom. CLH must not compromise or settle any such claim or make any admission which might be prejudicial to the claim. CLH must, at the request of the undertaker, afford all reasonable assistance for the purpose of contesting any such claim or action, and is entitled to be repaid all reasonable expenses incurred in so doing.

• (5) In this paragraph—

• “protective building works” means the exercise by the undertaker of the powers conferred by article 18 (protective works to buildings); and

• “relevant works” means such of the authorised development as— does, will or is likely to affect any apparatus; or involves a physical connection or attachment to any apparatus.

Co-operation and reasonableness

95

• (1) Where in consequence of the proposed construction of any of the authorised development, the undertaker requires the removal of apparatus under this Part of this Schedule or CLH makes requirements for the protection or alteration of apparatus under this Part of this Schedule, the undertaker 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 development and taking into account the need to ensure the safe and efficient operation of CLH’s undertaking and CLH must use its best endeavours to co-operate with the undertaker for that purpose.

• (2) The undertaker and CLH must act reasonably in respect of any given term of this Part of this Schedule and, in particular, (without prejudice to generality) where any consent or expression of satisfaction is required by this Part of this Schedule it must not be unreasonably withheld or delayed.

Miscellaneous

96

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and CLH in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made provided that the terms of the relevant enactment or agreement are not inconsistent with the provisions of this Order, including this Part of this Schedule. In the case of any inconsistency, the provisions of this Order, including this Part of this Schedule, prevail.

SCHEDULE 10 — DOCUMENTS TO BE CERTIFIED

(1) Document	(2) Description
the book of reference	the book of reference contained in document reference HE/A14/EX/260
the borrow pit restoration and aftercare strategy	the borrow pit restoration and aftercare strategy contained in document reference HE/A14/EX/207
the classification of roads plans	sheets 1-2 contained in document reference 2.12
the code of construction practice	the code of construction practice contained in document reference HE/A14/EX/244
the crown land plans	sheets 8, 13, 29 and 30 contained in document reference HE/A14/EX/220
the de-trunking plans	sheets 1-15 contained in document reference HE/A14/EX/219
the engineering section drawings	sheets 1-59 contained in document reference HE/A14/EX/221
the environmental statement	the environmental statement contained in document reference 6.1 (subject to the substitutions set out below) the figures accompanying the environmental statement contained in document reference 6.2 (subject to the substitutions set out below) the appendices accompanying the environmental statement contained in document reference 6.3 (subject to the substitutions set out below) the statement of statutory nuisances contained in document reference 6.4 the errata report contained in document HE/A14/EX/10 (so far as it substitutes and supplements the documents referred to above in this description of the environmental statement) the non-technical summary of the environmental statement contained in document reference HE/A14/EX/242 (which substitutes chapter 0 of the environmental statement contained in document reference 6.1) the revised Assessment of Implications of European Sites matrices contained in document reference HE/A14/EX/132 (which substitute the matrices contained in appendix 11.12 in document reference 6.3) the technical annex to the soil management strategy (ES Appendix 12.2) contained in document reference HE/A14/EX/125 the landscape and visual responses in section 3 and appendix 4 of the response to Buckden Marina Residents’ Association contained in document reference HE-A14-EX-143 the borrow pit restoration and aftercare strategy contained in document reference HE/A14/EX/207 the code of construction practice contained in document reference HE/A14/EX/244 (which substitutes the code of construction practice in appendix 20.2 contained in document reference 6.3) the updated noise tables contained in document reference HE/A14/EX/197 (which substitute the noise tables in chapter 14 contained in document reference 6.1) the revised chapter 17 of the environmental statement contained in document reference HE/A14/EX/235 (which substitutes chapter 17 of the environmental statement contained in document reference 6.1) the revised chapter 19 of the environmental statement contained in document reference HE/A14/EX/240 (which substitutes chapter 19 of the environmental statement contained in document reference 6.1) the revised outline environmental design plans contained in document reference HE/A14/EX/225 (which substitute the outline environmental design plans in figure 3.2 contained in document reference 6.2) the revised outline environmental design illustrative cross sections contained in document reference HE/A14/EX/04 (which substitute the outline environmental design illustrative cross sections in figure 3.3 contained in document reference 6.2) but with relevant sheets substituted for those contained in document reference HE-A14-EX-230 the revised structures schedule contained in document reference HE/A14/EX/07 (which substitutes appendix 3.1 contained in document reference 6.3) the flood risk assessment HE-A14-EX-262 (which substitutes the flood risk assessment in appendix 17.1 contained in document reference 6.3) the revised register of environmental actions and commitments contained in document reference HE/A14/EX/203 (which substitutes the register of environmental actions and commitments in appendix 20.1 contained in document reference 6.3)
the flood risk assessment	the flood risk assessment contained in document reference HE/A14/EX/262
the general arrangement drawings	sheets 1-24 and Huntingdon Town 1 and Huntingdon Town 2, plus Legend and Key Plan, contained in document reference HE/A14/EX/215
the land plans	sheets 1-40 contained in document reference HE/A14/EX/216
the rights of way and access plans	sheets 1-28 contained in document reference HE/A14/EX/218
the special category land plans	sheets 1-2 contained in document reference HE/A14/EX/224
the traffic regulation measures: clearways and weight limit plans	sheets 1-36 contained in document reference HE/A14/EX/223
the traffic regulation measures: speed limits & prohibitions plans	sheets 1-29 contained in document reference HE/A14/EX/222
the variation of special road status plan	sheet 1 of 1 contained in document reference 2.6
the works plans	sheets 1-29 contained in document reference HE/A14/EX/217

Signed

Signed by authority of the Secretary of State for Transport

Martin Woods — Head of the Transport and Works Act Orders Unit — Department for Transport — 11th May 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Highways England Company Limited to improve the A14 between Cambridge and Huntingdon. These improvements extend from Ellington to the Cambridge Northern Bypass at Milton and include the provision of a new bypass to the south of Huntingdon.

The Order would permit Highways England Company Limited to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

The Order also makes provision in connection with the maintenance of the authorised development.

A copy of all relevant plans, drawings and sections, the book of reference and the environmental statement mentioned in this Order and certified in accordance with article 41 (certification of plans, etc.) may be inspected free of charge during working hours at Highways England Company Limited, Woodlands, Manton Lane, Bedford, Bedfordshire MK41 7LW.

Footnotes

[^f00001]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 and S.I. 2013/755.

[^f00003]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00004]: 1961 c. 33.

[^f00005]: 1965 c. 56.

[^f00006]: 1980 c. 66.

[^f00007]: 1981 c. 66.

[^f00008]: 1984 c. 27.

[^f00009]: 1990 c. 8.

[^f00010]: 1991 c. 22.

[^f00011]: 2008 c. 29.

[^f00012]: The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c.38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c.54).

[^f00013]: 1981 c. 67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c. 34). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00015]: 1991 c. 59.

[^f00016]: 1981 c. 69.

[^f00017]: 1977 c. i.

[^f00018]: 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).

[^f00019]: Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00020]: As amended by section 49(1) of the Traffic Management Act 2004 (c. 18).

[^f00021]: As also amended by section 49(2) and 51(9) of the Traffic Management Act 2004.

[^f00022]: As also amended by section 52(3) of the Traffic Management Act 2004.

[^f00023]: As amended by section 42 of the Traffic Management Act 2004.

[^f00024]: S.I. 1974/1787

[^f00025]: S.I. 2011/935.

[^f00026]: 1984 c. 12.

[^f00027]: 1991 c. 56.

[^f00028]: 2000 c. 26.

[^f00029]: 2004 c. 18.

[^f00030]: 1991 c. 56. Section 106 was amended by section 35(1) and (8) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43) and, sections 36(2) and 99 of the Water Act 2003 (c. 37) (subject to the transitional provisions contained in article 6 of, and Schedule 3 to, S.I. 2004/641) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00032]: 1991 c. 57.

[^f00033]: Section 8 was amended by S.I. 2009/1307.

[^f00034]: 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.

[^f00035]: Section 13 was amended by sections 62(3) and 139 of, and paragraph 27 and 28 of Schedule 13, and part 3 of Schedule 23, to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00036]: 2003 c. 21. There are amendments to this Act which are not relevant to this Order.

[^f00037]: S.I. 1997/1160.

[^f00038]: 1990 c. 43. There are amendments to this Act which are not relevant to this Order.

[^f00039]: 1974 c. 40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990, c. 25. There are other amendments to the 1974 Act which are not relevant to this Order.

[^f00040]: 1978 c. 30.

[^f00041]: 2004 c. 18.

[^f00042]: 1990 c. 43. There are amendments to this Act which are not relevant to this Order.

[^f00044]: 1981 c. 69.

[^f00045]: 1973 c. 26.

[^f00046]: 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.

[^f00047]: S.I. 2016/547.

[^f00048]: 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.

[^f00049]: Section 12 was amended by section 56(2) of, and part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^f00050]: 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).

[^f00051]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 and S.I. 2009/1307.

[^f00052]: 1989 c. 29. The definition of “electrical plant” (in section 64) was amended by paragraphs 24 and 38(1) and (3) of Schedule 6 to the Utilities Act 2000 (c. 27).

[^f00053]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Schedule 6, and Schedule 8, to, the Utilities Act 2000 (c. 27), sections 149(1) and (5) and 197(9) of, and part 1 of Schedule 23 to, the Energy Act 2004 (c. 20) and S.I. 2011/2704.

[^f00054]: 1991 c. 56.

[^f00055]: Section 102(4) was amended by section 96(1)(c) of the Water Act 2003. Section 104 was amended by sections 96(4) and 101(2) of, and part 3 of Schedule 9 to, the Water Act 2003 and section 42(3) of the Flood and Water Management Act 2010 (c. 29).

[^f00056]: 2003 c. 21.

[^f00057]: Paragraph 1(3A) was inserted by section 106(2) of, and paragraphs 1 and 4 of Schedule 3 to, the Communications Act 2003.

[^f00058]: See section 106.

[^f00059]: 1984 c. 12. Paragraph 23 was amended by section 190 of, and paragraph 68 of Schedule 25 and part 1 of Schedule 27 to, the Water Act 1989 (c. 15), section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29) and section 106(2) of, and paragraphs 1, 5(d) and 8 of Schedule 3 to, the Communications Act 2003.

[^f00060]: 1995 c. 25.

[^f00061]: 2006 c. 16.

[^f00062]: S.I. 2003/3242.

[^f00063]: 1991 c. 59.

[^f00064]: 1993 c. 43.

[^f00065]: 2006 c. 46.

[^f00066]: 1991 c. 56.

[^f00067]: Section 102(4) was amended by section 96(1)(c) of the Water Act 2003. Section 104 was amended by sections 96(4) and 101(2) of, and part 3 of Schedule 9 to, the Water Act 2003 and section 42(3) of the Flood and Water Management Act 2010 (c. 29).

[^f00068]: S.I. 2010/675.

1

A 27.33 kilometre length of new highway to be classified (as identified in sub-paragraphs 1(a) to 1(c) below) as part of the A14 Trunk Road (such length also including existing highway to be improved, as identified in sub-paragraph 1(d) below)—

• (a) commencing from a point 298 metres east of the point where Footpath Ellington 23 (also known as Footpath 71/23), runs adjacent to the eastern boundary of the pumping station, located to the south of the A14, and continuing from that point in an easterly then a south-easterly direction for a distance of 1.45 kilometres to the centre point of a bridge which is proposed to be constructed over the existing A1 Trunk Road to carry this new A14 Trunk Road;

• (b) then continuing in a south-easterly then a south-south-easterly direction for a distance of 1.97 kilometres to the centre point beneath a proposed bridge which is to be constructed to carry the new link between the southbound carriageway of the existing A1 Trunk Road and the new A14 Trunk Road;

• (c) then continuing in a south-easterly, then an easterly, then a south-easterly direction for a distance of 16.32 kilometres to the point where it meets Bridleway 225/14 (towards the east of the A14 Swavesey Junction); and

• (d) then continuing in a south-easterly direction along the existing A14 Trunk Road for a distance of 7.59 kilometres to a point 514 metres south-east of where Beck Brook passes below the A14 Trunk Road in a culvert (towards the north-east of the A14 Girton Interchange),

identified by a blue line on the classification of roads plans – sheets 1 and 2.

2

A 474 metre length of new highway (as identified in sub-paragraphs (a) and (b) below) to be classified as part of the A14 Trunk Road (together with existing highway to be improved, as identified in sub-paragraph (c) below)—

• (a) commencing from its junction with the roundabout proposed to be constructed and known as the Southern New Ellington Roundabout, and continuing in a north-easterly direction for a distance of 198 metres to the roundabout proposed to be constructed and known as the Northern New Ellington Roundabout, plus the entire circumferences of the proposed Southern Ellington Roundabout and Northern Ellington Roundabout;

• (b) then continuing from its junction with the proposed Northern Ellington Roundabout, in an east-north-easterly direction for a distance of 215 metres to a point where it meets the existing A14 Trunk Road alignment; and

• (c) then continuing in an easterly direction for a distance of 292 metres along the existing A14 Trunk Road alignment to the existing roundabout known as Brampton Hut Interchange,

identified by a blue line on the classification of roads plans – sheet 1.

Editorial notes

[^key-19dade4d1f9f698e34eb50d55926af66]: Art. 1 in force at 1.6.2016, see art. 1

[^key-48e071076925ef8abdad3058597c1874]: Art. 2 in force at 1.6.2016, see art. 1

[^key-3d5cd3500746e4a8603e4ff9cbc7a79f]: Art. 3 in force at 1.6.2016, see art. 1

[^key-0cafb7f6e7f267be21e7f1f3b8a823e0]: Art. 4 in force at 1.6.2016, see art. 1

[^key-7ef2b93f83bfbebe3fe72142441165a0]: Art. 5 in force at 1.6.2016, see art. 1

[^key-39756bcd672439a5d4252bb7e6945a5f]: Art. 6 in force at 1.6.2016, see art. 1

[^key-8e00f2476670a48b9559cfd7276ad870]: Art. 7 in force at 1.6.2016, see art. 1

[^key-a2c5fad7904468006d4d7c7ccac465c9]: Art. 8 in force at 1.6.2016, see art. 1

[^key-98ea57cac19cd00e320286ffd4282a27]: Art. 9 in force at 1.6.2016, see art. 1

[^key-8613022f6990ec3e928578dd000ba62f]: Art. 10 in force at 1.6.2016, see art. 1

[^key-0dbe960cfb372ed3acd13af5521f8763]: Art. 11 in force at 1.6.2016, see art. 1

[^key-66011c67ef668686820b15d21a05c55e]: Art. 12 in force at 1.6.2016, see art. 1

[^key-8e17d10a534d55c9b8e58fff878112fe]: Art. 13 in force at 1.6.2016, see art. 1

[^key-7494afad91fcb5be3c76e52137f17fee]: Art. 14 in force at 1.6.2016, see art. 1

[^key-d2c2eca94a4be3530c247230bd0c6ba3]: Art. 15 in force at 1.6.2016, see art. 1

[^key-ef66c6174483d442d5b24c88e624a47a]: Art. 16 in force at 1.6.2016, see art. 1

[^key-8430a564a25722f9e57a14d998b2d4a9]: Art. 17 in force at 1.6.2016, see art. 1

[^key-e5217cdb7be9da0f9440df6e71582276]: Art. 18 in force at 1.6.2016, see art. 1

[^key-07a331beed5c188cc4354ed6532fbfdd]: Art. 19 in force at 1.6.2016, see art. 1

[^key-6cfe9bcd739d84385a9fb521b71159f8]: Art. 20 in force at 1.6.2016, see art. 1

[^key-32c3b35c7a47bdf849a8a5d63907b9fe]: Art. 21 in force at 1.6.2016, see art. 1

[^key-2e67d2aa96ed51bf810e2fe244960791]: Art. 22 in force at 1.6.2016, see art. 1

[^key-c4078f465ba9810ca144fb7267f2f7d6]: Art. 23 in force at 1.6.2016, see art. 1

[^key-6f4fbd49eaf3569243e3786044ce7015]: Art. 24 in force at 1.6.2016, see art. 1

[^key-df7969efc33a4908ed3dee1583ff9eb7]: Art. 25 in force at 1.6.2016, see art. 1

[^key-06445c22f747f491281f861c938c522d]: Art. 26 in force at 1.6.2016, see art. 1

[^key-479700787115ecf46ed385ce7781a6cf]: Art. 27 in force at 1.6.2016, see art. 1

[^key-098d1dcfa22e0c8030c3c69b4c933936]: Art. 28 in force at 1.6.2016, see art. 1

[^key-b3124e4c60372750467ae097485bae30]: Art. 29 in force at 1.6.2016, see art. 1

[^key-819d8c676ef4a404afae25942674bb69]: Art. 30 in force at 1.6.2016, see art. 1

[^key-9d6094198ddbb030fc0725a8aa43e7a0]: Art. 31 in force at 1.6.2016, see art. 1

[^key-7a64c86071fd117f52da9ef61462cd47]: Art. 32 in force at 1.6.2016, see art. 1

[^key-1213a86faaa98d7b1cd09d9b904a424a]: Art. 33 in force at 1.6.2016, see art. 1

[^key-75b4e6f39ad0f14e07b921fdbc7c5358]: Art. 34 in force at 1.6.2016, see art. 1

[^key-a907b5dd1028f8c2376dc4764ed4beeb]: Art. 35 in force at 1.6.2016, see art. 1

[^key-f2b086cf663f17b6c3a36792c8cc3755]: Art. 36 in force at 1.6.2016, see art. 1

[^key-5f0f07f60564fca62c16114dd7dc4ead]: Art. 37 in force at 1.6.2016, see art. 1

[^key-3d214dfbd1458f953fae964f80ba39b6]: Art. 38 in force at 1.6.2016, see art. 1

[^key-f083f2db9f9ca31587964cde59061424]: Art. 39 in force at 1.6.2016, see art. 1

[^key-1b3f31a417a816ee7f2ee41cbab9c6e8]: Art. 40 in force at 1.6.2016, see art. 1

[^key-f99d0ba8e809c67c9fc212bb52f0bf74]: Art. 41 in force at 1.6.2016, see art. 1

[^key-ce001db59c3665b69681411192f1e1fc]: Art. 42 in force at 1.6.2016, see art. 1

[^key-f70575a8da7937ccbbde1954c41d4bb8]: Art. 43 in force at 1.6.2016, see art. 1

[^key-4cab7cab9163889980ead188d017f43d]: Art. 44 in force at 1.6.2016, see art. 1

[^key-20553fb2f531195b86eafc0803a0fa29]: Art. 45 in force at 1.6.2016, see art. 1

[^key-4fb1a8ffb4a03cca577345d0f92a406a]: Sch. 2 para. 1 in force at 1.6.2016, see art. 1

[^key-0446c7cc50d42282f105a63647cc80b3]: Sch. 2 para. 2 in force at 1.6.2016, see art. 1

[^key-93f1a3cf04d77138219303a55e7b0ea1]: Sch. 2 para. 3 in force at 1.6.2016, see art. 1

[^key-97edb1357c5b71941f8eb2e0aa76913c]: Sch. 2 para. 4 in force at 1.6.2016, see art. 1

[^key-3aff58c00552c28d0d86ee3355f0991f]: Sch. 2 para. 5 in force at 1.6.2016, see art. 1

[^key-765c0ae4d3902324f9da5498e53015d9]: Sch. 2 para. 6 in force at 1.6.2016, see art. 1

[^key-53f678e1115bb93157ddb5de3e38401b]: Sch. 2 para. 7 in force at 1.6.2016, see art. 1

[^key-3c5066c8c0871b5436abbbf90d0c2a3f]: Sch. 2 para. 8 in force at 1.6.2016, see art. 1

[^key-3d0d089631592539c7130809bc97b1e4]: Sch. 2 para. 9 in force at 1.6.2016, see art. 1

[^key-9b8570aa19c6fefe8bc73d34ea214bfd]: Sch. 2 para. 10 in force at 1.6.2016, see art. 1

[^key-0fbb0f3a1035335bbb82a8ca439e0f99]: Sch. 2 para. 11 in force at 1.6.2016, see art. 1

[^key-8d1b6e6c80f6468be260b04de695137a]: Sch. 2 para. 12 in force at 1.6.2016, see art. 1

[^key-c07c7e415e1bcc739f4d56e555f00922]: Sch. 2 para. 13 in force at 1.6.2016, see art. 1

[^key-a831bec6becb2a95f755a831141bb0ca]: Sch. 2 para. 14 in force at 1.6.2016, see art. 1

[^key-7a75bd5db50cf06702f37b93698b6d37]: Sch. 2 para. 15 in force at 1.6.2016, see art. 1

[^key-b9f5a05506ca159a08bbbb7ce6504f15]: Sch. 2 para. 16 in force at 1.6.2016, see art. 1

[^key-9b48fb229ca6ed677bf077e91770eb30]: Sch. 2 para. 17 in force at 1.6.2016, see art. 1

[^key-57538bdfe9025646078a6f94155eae71]: Sch. 2 para. 18 in force at 1.6.2016, see art. 1

[^key-c9b0408aa3d755ad2acdbf155f936112]: Sch. 2 para. 19 in force at 1.6.2016, see art. 1

[^key-3a1a9b409de2b66f9c877fad6eff068a]: Sch. 2 para. 20 in force at 1.6.2016, see art. 1

[^key-deb5fedeca7d80989445bd2bc31148d7]: Sch. 2 para. 21 in force at 1.6.2016, see art. 1

[^key-b5286c403e1a5501e86a3c5768200695]: Sch. 2 para. 22 in force at 1.6.2016, see art. 1

[^key-b9c54a64964c8ac0d6ca36ae6d1d5590]: Sch. 2 para. 23 in force at 1.6.2016, see art. 1

[^key-3d810a91df1b8d0569b41ec12ad823bc]: Sch. 3 Pt. 3 para. 1 in force at 1.6.2016, see art. 1

[^key-e15026c6068a3e4b5a3afbb13b5ca19c]: Sch. 3 Pt. 3 para. 2 in force at 1.6.2016, see art. 1

[^key-10529fedb5712053cfa91a08e24935d4]: Sch. 3 Pt. 6 para. 1 in force at 1.6.2016, see art. 1

[^key-8c27ecfd3e3bf17d3c95dd1d0fb9df2f]: Sch. 3 Pt. 6 para. 2 in force at 1.6.2016, see art. 1

[^key-32e31e9ca1324bf5f440ea46ebc66451]: Sch. 3 Pt. 6 para. 3 in force at 1.6.2016, see art. 1

[^key-6d70cb954cc60a57d59f277dac1d154f]: Sch. 3 Pt. 6 para. 4 in force at 1.6.2016, see art. 1

[^key-23629a83af7360ce29797dd787416fc4]: Sch. 3 Pt. 6 para. 5 in force at 1.6.2016, see art. 1

[^key-f737252e3a275af9516c667526a24a81]: Sch. 3 Pt. 6 para. 6 in force at 1.6.2016, see art. 1

[^key-ea1fe7b0796e4a7daa85a2415ba81ec7]: Sch. 3 Pt. 6 para. 7 in force at 1.6.2016, see art. 1

[^key-8fd47cfb72e9af3fbf914d156f792ca3]: Sch. 3 Pt. 6 para. 8 in force at 1.6.2016, see art. 1

[^key-28b1e6f1638d009c22f13e9bcae6482e]: Sch. 3 Pt. 6 para. 9 in force at 1.6.2016, see art. 1

[^key-b4b0ba7677602293d415d281d1789163]: Sch. 3 Pt. 6 para. 10 in force at 1.6.2016, see art. 1

[^key-54c0487f288ccf4ec3c6fa5bce704448]: Sch. 3 Pt. 6 para. 11 in force at 1.6.2016, see art. 1

[^key-df5fc4800e683b080fed3cadaad8bc00]: Sch. 3 Pt. 6 para. 12 in force at 1.6.2016, see art. 1

[^key-652355e2113029f618755170391e9aac]: Sch. 3 Pt. 6 para. 13 in force at 1.6.2016, see art. 1

[^key-f2c5bebb1171178b9813b71a6ff78c2b]: Sch. 3 Pt. 6 para. 14 in force at 1.6.2016, see art. 1

[^key-7da5adf63b4795084c7536bb0760bad3]: Sch. 3 Pt. 6 para. 15 in force at 1.6.2016, see art. 1

[^key-ed212faaabb0d0cd03d14a43b0c95490]: Sch. 3 Pt. 6 para. 16 in force at 1.6.2016, see art. 1

[^key-1097a98aa3e24a65635c70a6631260e4]: Sch. 3 Pt. 6 para. 17 in force at 1.6.2016, see art. 1

[^key-4809b8d8602b351d0bca091aa212bac0]: Sch. 3 Pt. 6 para. 18 in force at 1.6.2016, see art. 1

[^key-d3b7f5619a105677623b58b14f5b193f]: Sch. 3 Pt. 6 para. 19 in force at 1.6.2016, see art. 1

[^key-8371401ec83ad91a262fe65e289ada7c]: Sch. 3 Pt. 6 para. 20 in force at 1.6.2016, see art. 1

[^key-c949011d23956d5eb8218f5a10a70816]: Sch. 3 Pt. 6 para. 21 in force at 1.6.2016, see art. 1

[^key-6f59789b94b6c8751db36c6473124a04]: Sch. 3 Pt. 6 para. 22 in force at 1.6.2016, see art. 1

[^key-1fa862462194ccc837bb2a566e0388e1]: Sch. 3 Pt. 6 para. 23 in force at 1.6.2016, see art. 1

[^key-2454000b29aceb5b788ffbc001ed7b3a]: Sch. 3 Pt. 6 para. 24 in force at 1.6.2016, see art. 1

[^key-7ea8b6b441adc04b982875732e6c935d]: Sch. 3 Pt. 6 para. 25 in force at 1.6.2016, see art. 1

[^key-aa13e183c22b0e7be3f6e5cd6fb6f613]: Sch. 3 Pt. 6 para. 26 in force at 1.6.2016, see art. 1

[^key-37dcc65d281ba2ad628189a70955c206]: Sch. 3 Pt. 6 para. 27 in force at 1.6.2016, see art. 1

[^key-0cffd619d5ed4191c093300d22831b39]: Sch. 3 Pt. 6 para. 28 in force at 1.6.2016, see art. 1

[^key-1388618497b851cda702e53441be9c1b]: Sch. 3 Pt. 6 para. 29 in force at 1.6.2016, see art. 1

[^key-af9260ae051170a5c8cdccab80107295]: Sch. 3 Pt. 6 para. 30 in force at 1.6.2016, see art. 1

[^key-c5eb848d9a62dcc4d5b874d2746c329c]: Sch. 3 Pt. 6 para. 31 in force at 1.6.2016, see art. 1

[^key-2ccfd37a3cf54c21bc835a7696134c79]: Sch. 3 Pt. 6 para. 32 in force at 1.6.2016, see art. 1

[^key-c2092288463e237f7e4d540c9cb72b64]: Sch. 3 Pt. 6 para. 33 in force at 1.6.2016, see art. 1

[^key-d3a7f3a7ed092038f9f4e2a22eb178a7]: Sch. 3 Pt. 6 para. 34 in force at 1.6.2016, see art. 1

[^key-47033e47fc940172007ab69341e8001f]: Sch. 3 Pt. 6 para. 35 in force at 1.6.2016, see art. 1

[^key-502cad78d0b752e7e3965fd04c08d052]: Sch. 4 para. 1 in force at 1.6.2016, see art. 1

[^key-59443be676203e42fdba4fd58bb21e5d]: Sch. 6 para. 1 in force at 1.6.2016, see art. 1

[^key-30aad1c0fbd1112d2e0d91eda266294a]: Sch. 6 para. 2 in force at 1.6.2016, see art. 1

[^key-3b407d6d22cd41d5fae5ffe30244af98]: Sch. 6 para. 3 in force at 1.6.2016, see art. 1

[^key-5a5762c5ae6702e3bf90ad36b300ff80]: Sch. 6 para. 4 in force at 1.6.2016, see art. 1

[^key-a144a18fd2845e9d364d83a458353d3d]: Sch. 6 para. 5 in force at 1.6.2016, see art. 1

[^key-98b8a680da6b5debf9fd115d84e1bf9a]: Sch. 6 para. 6 in force at 1.6.2016, see art. 1

[^key-435f58d7eced46bbed67046c106417bd]: Sch. 6 para. 7 in force at 1.6.2016, see art. 1

[^key-8eb2bbb1c22c9c4e016103e422941cfe]: Sch. 6 para. 8 in force at 1.6.2016, see art. 1

[^key-7e431c46cf292824fb14dcd759249bc5]: Sch. 6 para. 9 in force at 1.6.2016, see art. 1

[^key-c59955f61f1b9847c405bd1568e4b5a4]: Sch. 9 para. 1 in force at 1.6.2016, see art. 1

[^key-e27aec59905d6d0e07ea07899692e830]: Sch. 9 para. 2 in force at 1.6.2016, see art. 1

[^key-d4005d37cf86cff080ccb24e47176890]: Sch. 9 para. 3 in force at 1.6.2016, see art. 1

[^key-3e2c09a9cddda06934c4eab3a1b1a851]: Sch. 9 para. 4 in force at 1.6.2016, see art. 1

[^key-9b6ca3ad95e577d4e2c786331029771f]: Sch. 9 para. 5 in force at 1.6.2016, see art. 1

[^key-fb7f9eb8ff30398c5a2b61aac2f6f2f1]: Sch. 9 para. 6 in force at 1.6.2016, see art. 1

[^key-287178fca40c8e8e56458c3e7f3d1f11]: Sch. 9 para. 7 in force at 1.6.2016, see art. 1

[^key-e827a7e7930fd3d16aa32a5cc8143adf]: Sch. 9 para. 8 in force at 1.6.2016, see art. 1

[^key-15d8317030c8c3011ba61e66c721e53c]: Sch. 9 para. 9 in force at 1.6.2016, see art. 1

[^key-075b32baa41fbe844a0294e28c494fd4]: Sch. 9 para. 10 in force at 1.6.2016, see art. 1

[^key-f99f812c67af0f7acf05dacaa14983dd]: Sch. 9 para. 11 in force at 1.6.2016, see art. 1

[^key-8754f8d612463289fdb3c3f468ebf7af]: Sch. 9 para. 12 in force at 1.6.2016, see art. 1

[^key-b2ff09fd28810e1475a21187797af5ba]: Sch. 9 para. 13 in force at 1.6.2016, see art. 1

[^key-c2a74218deb1ebc98f40e33cb712c1da]: Sch. 9 para. 14 in force at 1.6.2016, see art. 1

[^key-849e654b0623ebdd5b8180c8ca8f4c87]: Sch. 9 para. 15 in force at 1.6.2016, see art. 1

[^key-0df41ea9ce9faf5c3051fe44a0b684a1]: Sch. 9 para. 16 in force at 1.6.2016, see art. 1

[^key-3d15d24a20b9338714e980b65b3dff9c]: Sch. 9 para. 17 in force at 1.6.2016, see art. 1

[^key-e6f2e119adb791aca6518e4ccf345cbe]: Sch. 9 para. 18 in force at 1.6.2016, see art. 1