The Midland Metro (Wolverhampton City Centre Extension) Order 2016

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

• (c) in respect of the employment or procurement of the services of any inspectors, 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;

• (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 from the substitution or 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.

11

• (1) In this paragraph—

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

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

• (2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 5(1) for the relevant part of the authorised works giving rise to EMI (unless the Authority 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 Authority must in the design and construction of the authorised works take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

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

• (a) the Authority 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 subsequently must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 5(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

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

• (c) Network Rail must allow the Authority 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 are to be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 5(1) has effect subject to this sub-paragraph.

• (6) If at any time prior to the commencement of regular revenue-earning operations on the authorised tramway comprised in the authorised works and regardless of any measures adopted under sub-paragraph (3), the testing or commissioning of the authorised works causes EMI then the Authority 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) forthwith cease to use (or procure the cessation of use of) the Authority’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 Authority must afford reasonable facilities to Network Rail for access to the Authority’s apparatus in the investigation of such EMI;

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

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

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

• (a) Network Rail must allow the Authority 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 Authority in accordance with paragraph 6.

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

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

• (11) In relation to any dispute arising under this paragraph the reference in article 53 (arbitration) to the Institution of Civil Engineers are to be read as a reference to the Institution of Engineering and Technology.

12

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

13

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

14

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 must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the Authority, be repaid by the Authority to Network Rail.

15

• (1) The Authority must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in 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 the failure of such a work; or

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

and the Authority 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 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 Authority or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the supervision of the engineer does 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 Authority from any liability under the provisions of this sub-paragraph.

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

• (3) The sums payable by the Authority under sub-paragraph (1) must 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 is, in the event of default, 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 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.

16

Network Rail must, on receipt of a request from the Authority, from time to time provide the Authority free of charge with written estimates of the costs, charges, expenses and other liabilities for which the Authority is or will become liable under this Schedule (including the amount of the relevant costs mentioned in paragraph 15) and with such information as may reasonably enable the Authority to assess the reasonableness of any such estimate or claim made or to be made under this Schedule (including any claim relating to those relevant costs).

17

In the assessment of any sums payable to Network Rail under 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 Authority under this Schedule or increasing the sums so payable.

18

The Authority 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 Authority of—

• (a) any railway property shown on the works and 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.

19

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.

20

The Authority must give written notice to Network Rail if any sale, lease or disposal is proposed to be made under section 54 (powers of disposal, agreements for operation, etc.) of the 1989 Act and any such notice must be given no later than 28 days before any such sale, lease or disposal is made and must describe or give (as appropriate)—

• (a) the nature of the sale, lease or disposal to be made;

• (b) the extent of the geographical area to which the sale, lease or disposal will relate; and

• (c) the name and address of the person to whom the sale, lease or disposal is to be made.

21

The Authority must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 50 (certification of plans) are certified by the Secretary of State, provide a set of those plans to Network Rail in the form of a computer disc with read only memory.

SCHEDULE 10 — FOR THE PROTECTION OF THE CANAL AND RIVER TRUST

1

For the protection of the Canal & River Trust the following provisions of this Schedule, unless otherwise agreed in writing between the Authority and CRT, have effect.

Interpretation

2

In this Schedule—

• “CRT” means the Canal & River Trust;

• “CRT’s network” means CRT’s network of waterways;

• “CRT Property” means any waterway belonging to CRT and any land structure works apparatus and equipment belonging to CRT and any land held or used by CRT for the purposes of such waterway, structure, works, apparatus or equipment;

• “construction”, in relation to any specified work or protective work, includes— the execution and placing of that work; and any relaying, renewal, alteration reconstruction or maintenance of that work as may be carried out during the period of 24 months from the completion of that work; and “construct” and “constructed” have corresponding meanings;

• “detriment” means any damage to the waterway or any other property of CRT and, without limitation on the scope of that meaning, includes— any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of the waterway (including towing paths); the erosion of the bed or banks of the waterway, or the impairment of the stability of any works, lands or premises forming part of the waterway; the deposit of materials or the siltation of the waterway so as to damage the waterway; the pollution of the waterway; any significant alteration in the water level of the waterway, or significant interference with the supply of water to it, or drainage of water from it; any harm to the ecology of the waterway (including any adverse impact on any site of special scientific interest comprised in CRT’s network); and any interference with the exercise by any person of rights over CRT’s network;

• “the engineer” means an engineer appointed by CRT for the purpose in question;

• “plans” includes sections, designs, drawings, specifications, soil reports, vibration monitoring reports, calculations, descriptions (including descriptions of methods of construction) and programmes and details of the extent timing and duration of any proposed occupation of CRT Property and stoppages of the CRT network;

• “practical completion” means practical completion of all of the specified work regardless of any items which would ordinarily be considered snagging items that remain outstanding, and the expression “practically complete” and “practically completed” are construed accordingly;

• “protective work” means a work constructed under paragraph 8(3)(a);

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

• “towing path” means the towing path forming part of the waterway; and

• “waterway” means the Birmingham Canal, and includes the towpath tunnel, and any works, land or premises belonging to CRT, or under its management or control, and held or used by CRT in connection with a canal or inland navigation.

Powers requiring CRT’s consent

3

• (1) The Authority must not under the powers conferred by this Order acquire compulsorily any CRT Property.

• (2) The Authority must not under the powers conferred by this Order acquire any easement or other right over CRT Property, or use CRT Property or divert the waterway or stop navigation of the waterway or use the towing path except where such acquisition or use is with the consent of CRT.

• (3) The Authority must not in the exercise of the powers conferred by this Order obstruct or interfere with pedestrian or vehicular access to a waterway unless such obstruction or interference with such access is with the consent of CRT.

• (4) The Authority must not exercise any power conferred by this Order in such a way as to interfere with the supply of water to, or the drainage of water from or into, a waterway unless such exercise is with the consent of CRT.

• (5) The Authority must not exercise the powers conferred by article 12 (temporary stopping up of streets) in relation to any way over land comprised in a waterway, unless such exercise is with the consent of CRT.

• (6) The Authority must not exercise the powers conferred by article 26 (temporary interference with waterways) in relation to any moorings or rights over land comprised in a waterway unless such exercise is with the consent of CRT.

• (7) The Authority must not exercise the powers conferred by article 22 (authority to survey and investigate land) or section 11(3) of the 1965 Act (power of entry for surveying land) in relation to a waterway unless such exercise is with the consent of CRT.

• (8) The Authority must not exercise the powers conferred by section 271 or 272 of the 1990 Act, as applied by Schedule 8 (provisions relating to statutory undertakers, etc.), so as to divert any right of access to a waterway, but such right of access may be diverted with the consent of CRT.

• (9) Nothing in article 20 (discharge of water) authorises the Authority to—

• (a) discharge any water directly or indirectly into a waterway; or

• (b) carry out any works to, or make any opening in, or otherwise interfere with, a waterway (including the banks and bed of a waterway),

except with the consent of CRT and on terms that CRT may reasonably require, and in accordance with plans approved by, and under the supervision (if given) of, the engineer.

• (10) The consent of CRT under sub-paragraphs (1) to (9) must not be unreasonably withheld or delayed but may be given subject to reasonable terms and conditions which in the case of article20 (discharge of water) may include conditions—

• (a) specifying the location, maximum volume and velocity of water which may be discharged in any period; and

• (b) authorising CRT on giving reasonable notice (except in an emergency, when CRT may require immediate suspension) to the Authority to require the Authority to suspend the discharge of water or reduce the flow of water where this is necessary by reason of any operational or environmental requirement of CRT.

Vehicles, plant and machinery

4

• (1) The Authority must not use any land or property of CRT forming part of the waterway for the passage or siting of vehicles, plant or machinery employed in the construction of the specified works other than—

• (a) with the consent in writing of the engineer whose consent must not be unreasonably withheld; and

• (b) subject to compliance with such reasonable requirements as the engineer may from time to time specify—

• (i) for the prevention of detriment; or

• (ii) in order to avoid or reduce any inconvenience to CRT, its officers and agents and all other persons lawfully on such land or property,

but nothing in this paragraph applies in relation to anything done in accordance with any approval given by CRT under paragraph 8.

Closure of towing paths, etc.

5

If in consequence of or in connection with the exercise of the powers conferred by this Order any part of a towing path or any public right of way giving access to a towing path (“the closed section”) is temporarily closed to persons on foot on cycles or in a wheelchair and there is no way which provides a reasonable alternative, the Authority must to the reasonable satisfaction of CRT provide in substitution a sufficient and convenient way for such persons between the points of commencement and termination of the closed section for such time as the closure continues.

Fencing

6

Where so required by the engineer the Authority must to the reasonable satisfaction of the engineer fence off a specified work or a protective work or take such other steps as the engineer may require to be taken for the purpose of separating a specified work or a protective work from a waterway, whether on a temporary or permanent basis or both.

Survey of waterway

7

• (1) Before the commencement of the initial construction of any part of the specified works and again following practical completion of the specified works the Authority must bear the reasonable cost of the carrying out by a qualified engineer (“the surveyor”), to be approved by CRT and the Authority, and who may be an engineer employed by CRT, a survey including a dip-survey to measure the depth of the waterway (“the survey”) of so much of the waterway and of any land and existing works of the Authority which may provide support for the waterway as will or may be affected by the specified works.

• (2) For the purposes of the survey the Authority must—

• (a) on being given reasonable notice (except in case of emergency, when immediate access must be afforded) afford reasonable facilities to the surveyor for access to the site of the specified works and to any land and existing works of the Authority which may provide support for the waterway as will or may be affected by the specified works; and

• (b) supply the surveyor as soon as reasonably practicable with all such information as the surveyor may reasonably require with regard to such existing works of the Authority and to the specified works or the method of their construction.

• (3) The reasonable costs of the survey include the costs of any dewatering or reduction of the water level of any part of the waterway (where reasonably required) which may be effected to facilitate the carrying out of the survey and the provisions of this part of this Schedule apply with all necessary modifications to any such dewatering or reduction in the water level as though the same were specified works.

• (4) Copies of the survey must be provided to both CRT and the Authority at no cost to CRT.

Approval of plans, protective works etc.

8

• (1) The Authority must before commencing construction of any specified work comprising part of the authorised works including any temporary works supply to CRT proper and sufficient plans of that work and such further particulars available to it as CRT may within 28 days of the submission of the plans reasonably require for the approval of the engineer and must not commence such construction of a specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.

• (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if within 56 days after such plans (including any other particulars reasonably required under sub-paragraph (1) above) have been supplied to CRT the engineer has not intimated his disapproval of those plans and the grounds of his disapproval the engineer is deemed to have approved the plans as submitted.

• (3) When signifying approval of the plans the engineer may specify—

• (a) any protective work (whether temporary or permanent) which in the reasonable opinion of the engineer should be carried out before the commencement of the construction of a specified work to prevent detriment and to ensure the safety and stability of CRT Property and safe operation of the waterway; and

• (b) such other requirements as may be reasonably necessary to prevent detriment,

and such protective works must be constructed by the Authority or by CRT at the Authority’s request with all reasonable dispatch and the Authority must not commence the construction of a specified work until the engineer has notified the Authority that the protective works have been completed to the engineer’s reasonable satisfaction, which is not to be unreasonably withheld or delayed.

• (4) The Authority must pay to CRT a capitalised sum representing the reasonably increased or additional cost of maintaining and, when necessary, renewing any works, including any permanent protective works provided under sub-paragraph (3), and of carrying out any additional dredging of the waterway necessitated by the exercise of any of the powers conferred by this Order but if the cost of maintaining the waterway, or of works of renewal of the waterway, is reduced in consequence of any such works, a capitalised sum representing such reasonable saving must be set off against any sum payable by the Authority to CRT under this paragraph.

• (5) In the event that the Authority fails to complete the construction of, or part of, the specified works CRT may, if it is reasonably required in order to avoid detriment, construct any of the specified works, or part of such works, (together with any adjoining works) in order to complete the construction of, or part of, the specified works or make such works and the Authority must reimburse CRT all costs, fees, charges and expenses it has reasonably incurred in carrying out such works within 28 days of receipt of an invoice together with appropriate evidence of the costs or expenses incurred.

Design of works

9

Without affecting its obligations under the provisions of this Schedule the Authority must consult, collaborate and respond constructively to any approach, suggestion, proposal or initiative made by CRT on—

• (a) the design and appearance of the specified works, including the materials to be used for their construction; and

• (b) the environmental effects of that work,

and must have regard to such views as may be expressed by CRT to the extent that these accord with the requirements of the local planning authority in response to such consultation pursuant in particular (but without limitation) to the requirements imposed on CRT by section 22 (general environmental and recreational duties) of the British Waterways Act 1995⁶⁰ and to the interest of CRT in preserving and enhancing the environment of its waterways.

Notice of works

10

The Authority must give to the engineer 56 days’ notice of its intention to commence the construction of any of the specified or protective works, or, in the case of repair carried out in an emergency, such notice as may be reasonably practicable so that, in particular, CRT may where appropriate arrange for the publication of notices bringing those works to the attention of users of CRT’s network.

Lighting

11

The Authority must provide and maintain at its own expense in the vicinity of the specified or protective works such temporary lighting and such signal lights for the control of navigation as the engineer may reasonably require during the construction or failure of the specified or protective works.

Construction of specified works

12

• (1) Any specified or protective works must, when commenced, be constructed—

• (a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under the provisions in paragraph 8 and with any requirements made under paragraph 8(5) and paragraph 9;

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

• (c) in such manner as to cause as little detriment as is reasonably practicable; and

• (d) in such manner as to cause as little inconvenience as is reasonably practicable to CRT, its officers and agents and all other persons lawfully using the waterways, except to the extent that temporary obstruction has otherwise been agreed by CRT.

• (2) Nothing in this Order authorises the Authority to make or maintain any permanent works in or over the waterway so as to impede or prevent (whether by reducing the width or navigation headroom of the waterway) the passage of any vessel which is of a kind (as to its dimensions) for which CRT is required by section 105(1)(b) and (2) (maintenance of waterways) of the Transport Act 1968⁶¹ to maintain the waterway.

• (3) Following the completion of the construction of the specified works the Authority must restore the waterway to a condition in the reasonable opinion of CRT no less satisfactory than its condition immediately prior to the commencement of those works.

Prevention of pollution

13

The Authority must not in the course of constructing a specified work or a protective work or otherwise in connection with those works do or permit anything which may result in the pollution of the waterway or the deposit of materials in it and must take such steps as the engineer may reasonably require to avoid or make good any breach of its obligations under this paragraph.

Access to work: provision of information

14

• (1) The Authority on being given reasonable notice must—

• (a) at all reasonable times and subject to any operational or safety requirements allow reasonable facilities to the engineer for access to a specified work during its construction; and

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

• (2) CRT on being given reasonable notice must—

• (a) at all times afford reasonable facilities to the Authority and its agents for access to any works carried out by CRT under this part of this Schedule during their construction; and

• (b) supply the Authority with such information as it may reasonably require with regard to such works or the method of constructing them and the Authority must reimburse CRT’s reasonable costs in relation to the supply of such information.

Alterations to waterway

15

• (1) If during the construction of a specified work or a protective work (or during a period of 24 months after the completion of those works) any alterations or additions, either permanent or temporary, to a waterway are reasonably necessary in consequence of the construction of the specified work or the protective work in order to avoid detriment, and CRT gives to the Authority reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the Authority must pay to CRT 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 CRT in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If the cost of maintaining, working or renewing the waterway 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 Authority to CRT under this paragraph.

Maintenance of works

16

If at any time after the completion of a specified work or a protective work, not being a work vested in CRT, CRT gives notice to the Authority informing it that the state of maintenance of the work appears to be such that the work is causing or likely to cause detriment, the Authority must, on receipt of such notice, take such steps as may be reasonably necessary to put the work in such state of maintenance as not to cause such detriment.

Repayment of CRT’s fees, etc.

17

The Authority must repay to CRT all fees, costs, charges and expenses reasonably incurred by CRT—

• (a) in constructing any protective works under the provisions of paragraph 8(3)(a);

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

• (c) in respect of the employment during the construction of the specified works or any protective works of any inspectors, watchkeepers and other persons whom it is reasonably necessary to appoint for inspecting any waterway and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works or any protective works; and

• (d) in bringing the specified works or any protective works to the notice of users of CRT’s network.

Cost of alterations

18

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

Making good of detriment; compensation and indemnity, etc.

19

• (1) If any detriment is caused by the construction or failure of the specified works or the protective works if carried out by the Authority, the Authority (if so required by CRT) must make good such detriment and must pay to CRT all reasonable expenses to which CRT may be put, and compensation for any loss which CRT may sustain, in making good or otherwise by reason of the detriment.

• (2) The Authority is responsible for and must make good to CRT all costs, charges, damages, expenses and losses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by CRT—

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

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

and subject to sub-paragraph (4) the Authority must fully and effectively indemnify and hold harmless CRT from and against all claims and demands arising out of or in connection with any of the matters referred to in paragraphs (a) and (b).

• (3) The fact that any act or thing may have been done by CRT on behalf of the Authority or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision or in accordance with any directions or awards of an arbitrator does not (if it was done without negligence on the part of CRT or of any person in its employ or of its contractors or agents) excuse the Authority from any liability under the provisions of this paragraph.

• (4) CRT must give the Authority reasonable notice of any such claim or demand as referred to in sub-paragraph (2) and no settlement or compromise of such a claim or demand is to be made without the prior consent of the Authority (such consent not to be unreasonably withheld or delayed).

Details of capitalised sums to be provided

20

If CRT and the Authority cannot jointly agree the formula by which the capitalised sum is calculated it must be settled by arbitration in accordance with article 53 (arbitration).

Arbitration

21

Any difference arising between the Authority and CRT under this Schedule (other than a difference as to the meaning or construction of this Schedule) must be referred to and settled by arbitration in accordance with article 53 (arbitration).

Statutory powers

22

Except as provided by this Order nothing in this Order is to prejudice or derogate from the estate, rights, interests, privileges, liberties or franchises of CRT or alter or diminish any power authority or jurisdiction vested in CRT at the making of this Order.

Signed

Signed by authority of the Secretary of State

Martin Woods — Head of the Transport and Works Act Orders Unit — Department for Transport — 12th July 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises the West Midlands Combined Authority to construct, operate and maintain an extension to the Midland Metro tramway system in Wolverhampton city centre from a point to the west of the junction of Bilston Street with Garrick Street and Market Street, running north on Piper’s Row, east along Railway Drive culminating at a point just south-east of Wolverhampton Railway Station.

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

A copy of the works and land plans, the traffic regulation plan and the book of reference mentioned in the Order and certified in accordance with article 50 (certification of plans, etc.) may be inspected free of charge during normal working hours at the offices of Transport for West Midlands at 16 Summer Lane, Birmingham, B19 3SD.

Footnotes

Editorial notes