The Silvertown Tunnel Order 2018

Prior to the opening of the authorised development for public use TfL must make all reasonable endeavours to agree a business transitional support package with the councils of the London Borough of Newham, the London Borough of Tower Hamlets and the Royal Borough of Greenwich. As part of this business transitional support package TfL must make available to those councils the sum of one million pounds for the purpose of supporting local businesses.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

22

In this Part of this Schedule, “discharging authority” means—

• (a) any body responsible for giving any consent, agreement or approval required by a requirement included in Part 1 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or

• (b) the local authority in the exercise of its functions set out in sections 60 (control of noise of construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 .

Applications made under requirements

23

• (1) Where TfL proposes to make an application to a discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, no later than 28 days prior to submitting the application TfL must provide a draft of the proposed application to the discharging authority, unless otherwise agreed by the discharging authority.

• (2) At the same time as submitting a draft of a proposed application to the Council of the London Borough of Newham under sub-paragraph (1) in respect of—

• (a) any consent, agreement or approval required by paragraph 5(3) of Part 1 of this Schedule; or

• (b) any consent, agreement or approval required further to any document referred to in any such requirement,

TfL must consult the Council of the London Borough of Tower Hamlets about the draft of the proposed application and when finalising the contents of the application TfL must take into account any comments made by the Council of the London Borough of Tower Hamlets during that consultation.

• (3) An application to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule must be accompanied by a statement summarising how TfL considers it has complied with the obligations applicable to the requirement set out in Part 1 of this Schedule.

• (4) Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to TfL of its decision on the application within a period of 8 weeks beginning with—

• (a) the day immediately following that on which the application is received by the discharging authority; or

• (b) where further information is requested under paragraph 24, the day immediately following that on which the further information has been supplied by TfL,

or such longer period as may be agreed in writing by TfL and the discharging authority.

• (5) Where an application has been made to the Council of the London Borough of Newham in respect of—

• (a) any consent, agreement or approval required by paragraph 5(3) of Part 1 of this Schedule; or

• (b) any consent, agreement or approval required further to any document referred to in any such requirement,

the Council of the London Borough of Newham must not give notice to TfL of its decision until the Council of the London Borough of Newham has consulted the Council of the London Borough of Tower Hamlets in respect of that application for a period of not less than 21 days, and considered any representations made by the Council of the London Borough of Tower Hamlets on the application received within that time.

• (6) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, the discharging authority may—

• (a) give or refuse its consent, agreement or approval; or

• (b) give its consent, agreement or approval subject to reasonable conditions,

and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

Further information regarding requirements

24

• (1) In relation to any application referred to in paragraph 23, the discharging authority may request such further information from TfL as it considers necessary to enable it to consider the application.

• (2) If the discharging authority considers that further information is necessary and the requirement concerned contained in Part 1 of this Schedule does not specify that consultation with a consultee is required, the discharging authority must, within 10 business days of receipt of the application, notify TfL in writing specifying the further information required.

• (3) If the requirement concerned contained in Part 1 of this Schedule specifies that consultation with a consultee is required, the discharging authority must issue the application to the consultee within five business days of receipt of the application, and notify TfL in writing specifying any further information requested by the consultee within five business days of receipt of such a request.

• (4) If the discharging authority does not give the notification within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of TfL.

Appeals

25

• (1) Where a person (“the applicant”) makes an application to a discharging authority, the applicant may appeal to the Secretary of State in the event that—

• (a) the discharging authority refuses an application for any consent, agreement or approval required by—

• (i) a requirement contained in Part 1 of this Schedule; or

• (ii) a document referred to in any requirement contained in Part 1 of this Schedule;

• (b) the discharging authority does not determine such an application within the time period set out in paragraph 23(4)23(1), or grants it subject to conditions;

• (c) the discharging authority issues a notice further to sections 60 (control of noise of construction sites) or 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974;

• (d) on receipt of a request for further information pursuant to paragraph 24 of this Part of this Schedule, the applicant considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

• (e) on receipt of any further information requested, the discharging authority notifies the applicant that the information provided is inadequate and requests additional information which the applicant considers is not necessary for consideration of the application.

• (2) The appeal process is as follows—

• (a) any appeal by the applicant must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 23(4), giving rise to the appeal referred to in sub-paragraph (1);

• (b) the applicant must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any consultee specified under the relevant requirement contained in Part 1 of this Schedule;

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent;

• (d) the discharging authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within 10 business days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the applicant on the day on which they are submitted to the appointed person;

• (e) the appeal parties must make any counter-submissions to the appointed person within 10 business days of receipt of written representations pursuant to paragraph (c); and

• (f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the 10 day period for counter-submissions under paragraph (e).

• (3) The appointment of the appointed person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (5) Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 business days of the date specified by the appointed person but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c)-(e).

• (6) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

• (7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits.

• (8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review.

• (10) If an approval is given by the appointed person pursuant to this Part of this Schedule, it is deemed to be an approval for the purpose of Part 1 of this Schedule as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person's determination.

• (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the applicant.

• (12) On application by the discharging authority or the applicant, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it.

SCHEDULE 3 — PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS

PART 1 — HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up	(4) New highway to be substituted/provided
The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1
In the administrative area of the Royal Borough of Greenwich; in the county of Greater London	Boord Street and Dreadnought Street	A length from a point on the existing Boord Street 130 metres south-west of its junction with the existing Millennium Way to the existing Dreadnought Street, and then in a generally north westerly direction, for a total distance of 90 metres.	Reference A To be substituted by a length of new highway from a point on Boord Street 130 metres south-west of its junction with the existing Millennium Way to the premises known as Studio 338, in a generally north westerly direction, for a distance of 80 metres.
	Footbridge (including National Cycle Route No. 1 & Thames Path)	The whole footbridge.	Reference B To be substituted by a length of new Boord Street foot and cycle bridge from a point on Boord Street 140 metres south-west of its junction with the existing Millennium Way, in a generally south westerly direction, to its junction with the improved Tunnel Avenue.
	–	–	Reference C Silvertown Tunnel Southbound. A length of new highway from the new Silvertown Tunnel South Portal, in a generally north-easterly direction to the new Silvertown Tunnel North Portal, for a distance of 1425 metres.
	–	–	Reference D Silvertown Tunnel Northbound. A length of new highway from the new Silvertown Tunnel South Portal, in a generally south-westerly direction to the new Silvertown Tunnel North Portal, for a distance of 1405 metres.
	–	–	Reference E Silvertown Tunnel southern approach Southbound. A length of new highway from the new South Portal of the Silvertown Tunnel, in a generally south easterly direction, for a distance of 160 metres.
	–	–	Reference F Silvertown Tunnel southern approach Northbound. A length of new highway from its junction with the existing A102 Blackwall Tunnel southern approach northbound, in a generally north-easterly direction to the new South Portal of the Silvertown Tunnel, for a distance of 130 metres.
	–	–	Reference G Pavilion Lane (Realigned) A length of new highway from a point on the existing A102 Blackwall Tunnel southern approach Southbound 130 metres south of the existing Blackwall Tunnel Southbound South Portal, in a generally southerly direction then turning eastwards to its junction with the northbound carriageway of the existing Millennium Way, for a distance of 150 metres.
	–	–	Reference H Pavilion Lane (Realigned) A length of new highway from a point on the northbound carriageway of the existing Millennium Way 75 metres to the north west of its junction with the existing Edmund Halley Way, in a generally southerly direction to its junction with the Silvertown Tunnel southern approach Northbound, for a distance of 215 metres.
The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2
In the administrative areas of the Royal Borough of Greenwich and the London Borough of Newham; in the county of Greater London	–	–	Reference C – Refer to sheet 1
	–	–	Reference D – Refer to sheet 1
The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3
In the administrative area of the London Borough of Newham; in the county of Greater London	Dock Road (including National Cycle Route No. 13 (part))	A length from its junction with the existing Tidal Basin Roundabout, in a south westerly direction and then in a south easterly direction, for a total distance of 395 metres.	Reference A To be substituted by a length of new highway from a point 110 metres west of the point where the existing A1020 Silvertown Way off-slip joins the Tidal Basin Roundabout, in a generally south-easterly direction, to a point where it joins the existing North Woolwich Road, for a distance of 430 metres.
	Scarab Close (part)	A length from its junction with the existing Dock Road in a south westerly direction, for a distance of 25 metres.	Reference A (part) To be substituted in part by new highway (being part of the realigned Dock Road (Reference A)) from a point 110 metres west of the existing A1020 Silvertown Way off-slip, in a generally southerly direction, to a point where it joins the existing Scarab Close, for a distance of 55 metres.
	–	–	Reference B New left turn off-slip. A length of new highway from a point on the existing A1020 Silvertown Way off-slip 40 metres south-east of the Tidal Basin Roundabout, initially in a north-westerly direction then turning in a southerly direction, to a point where it joins the Silvertown Tunnel northern approach Southbound, for a distance of 95 metres.
	–	–	Reference C – Refer to sheet 1
	–	–	Reference D – Refer to sheet 1
	–	–	Reference E Silvertown Tunnel northern approach Southbound. A length of new highway from a point 70 metres west of the point where the existing A1020 Silvertown Way off-slip joins the Tidal Basin Roundabout, in a generally south-easterly direction to the new North Portal of the Silvertown Tunnel, for a distance of 205 metres.
	–	–	Reference F Silvertown Tunnel northern approach Northbound. A length of new highway from the North Portal of the new Silvertown Tunnel, in a generally north-westerly direction to its junction with the new (part of the) Tidal Basin Roundabout, for a distance of 210 metres.
	–	–	Reference G A length of new highway from a point on the new Dock Road (realigned), 60 metres to the south-east of its tie-in with the North Woolwich Road, in a generally north westerly direction, for a distance of 80 metres.
	Tidal Basin Roundabout (part) (including National Cycle Route No. 13 (part))	A length from a point on the existing Tidal Basin Roundabout where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way on the northern side of the existing roundabout, in a generally south-easterly direction, and then in a southerly direction and then in an easterly direction, to a point where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way on the southern side of the existing roundabout.	Reference H (part) To be substituted by a length of new highway from a point on the existing Tidal Basin Roundabout where the new Tidal Basin Roundabout passes under the existing A1011 Silvertown Way on the northern side of the existing roundabout, in a generally south-easterly direction, and then in a southerly direction and then in an easterly direction, to a point where the new Tidal Basin Roundabout passes under the existing A1011 Silvertown Way on the southern side of the existing roundabout, for a distance of 270 metres.
	–	–	Reference H (part) A length of new highway within the central island of the new part of Tidal Basin Roundabout from a point on the new Tidal Basin Roundabout 90 metres south west of the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way, in a generally south-easterly direction for a distance of 45 metres to a point where it joins the new Tidal Basin Roundabout at a point 95 metres south west of the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way.

PART 2 — HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up
The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1
In the administrative area of the Royal Borough of Greenwich; in the county of Greater London	Pavilion Lane	A length from its junction with the existing Millennium Way in a generally southerly direction to the existing A102 Blackwall Tunnel southern approach Southbound, for a distance of 180 metres.
The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2
None	None	–
The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3
In the administrative area of the London Borough of Newham; in the county of Greater London	Layby north of the existing A1020 Lower Lea Crossing, 35 metres east of the existing overbridge, on which the A1020 Lower Lea Crossing passes over the Docklands Light Railway Woolwich Branch.	The whole layby.
	Area north of the Tidal Basin Roundabout.	Area of existing carriageway forming part of the existing A1020 Lower Lea Crossing approaching the existing Tidal Basin Roundabout.

PART 3 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up	(4) New private means of access to be substituted/provided
The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1
In the administrative area of the Royal Borough of Greenwich; in the county of Greater London	–	–	Reference 1 New private means of access on the north side of the new Silvertown Tunnel South Portal, providing access to the new tunnel services compound from the south side of the existing Millennium Way.
	Reference a Access to premises (occupied by Priority TM Limited and Southern Gas Networks plc) on the south side of the existing Millennium Way, 50 metres south-east of its junction with the existing Edmund Halley Way.	A length from its junction with the existing Millennium Way south-eastward, for a distance of 20 metres.	Reference 2 To be substituted by a new private means of access located to the east of the new Silvertown Tunnel, providing access from the south side of the existing Millennium Way. Reference 10 To be substituted by a new private means of access located to the east of the new Silvertown Tunnel, providing access from the south side of the existing Millennium Way.
	–	–	Reference 3 New private means of access located around the rear, east and west sides of the premises known as Studio 338, providing pedestrian access from the new highway (Reference A).
	Reference b Access to premises (occupied by Brenntag UK Ltd) from the north side of the existing Morden Wharf Road 20 metres to the east of the existing Tunnel Avenue.	A length from its junction with the existing Morden Wharf Road northwards, for a distance of 5 metres.	Reference 8 To be substituted by a new private means of access located to the south-west of Tunnel Avenue, providing access from the south-west side of the improved Tunnel Avenue.
	Reference c Access to premises (occupied by Brenntag UK Ltd) from the south-west side of the existing Tunnel Avenue, from a point immediately south of the existing footbridge.	A length from its junction with the existing Tunnel Avenue south-westwards for a distance of 10 metres.	Reference 4 To be substituted by a new private means of access on the south-west side of the existing Tunnel Avenue, in the same location as the existing access to Brenntag UK Ltd, but repositioned at the new highway boundary of the improved Tunnel Avenue.
	Reference d Access to premises (occupied by London Power Networks plc) from the east side of the existing Pavilion Lane, 50 metres south of its junction with the existing Millennium Way.	The whole hardened area in front of the existing electricity substations.	Reference 5 To be substituted by a new private means of access located on the west side of the new Silvertown Tunnel, providing access from the west side of the existing Millennium Way.
	–	–	Reference 6 New private means of access located on the east side of the Silvertown tunnel, providing access from the south side of the existing Millennium Way, to new pressure reduction station (PRS).
	Reference e Access to premises (occupied by O’Keefe) from the south-east side of the existing Boord Street 155 metres to the south-west of the existing Millennium Way.	A length from its junction with the existing Boord Street, south-eastwards, for a distance of 5 metres.	Reference 7 To be substituted by a new private means of access located on the south-east side of the existing Boord Street, in the same location as the existing access to O’Keefe, but repositioned at the new highway boundary of the A102 Southbound and providing access for non-motorised users only.
	Reference f Access (pedestrian) to premises (occupied by Brenntag UK Ltd) from the south-west side of the existing Tunnel Avenue, from a point immediately south of the existing footbridge.	A length from its junction with the existing Tunnel Avenue south-westwards for a distance of 5 metres.	Reference 9 To be substituted by a new (pedestrian) access to premises on the south-west side of the existing Tunnel Avenue, repositioned at the new highway boundary of the south-west side of the improved Tunnel Avenue.
The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2
None	None	–	None
The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3
In the administrative area of the London Borough of Newham; in the county of Greater London	Reference b Access to premises (occupied by Docklands Light Railway Limited) from the north-west side of the existing Scarab Close, 45 metres to the west of the existing Dock Road.	A length from its junction with the existing Scarab Close, westwards for a distance of 40 metres.	Reference 1 To be substituted by a new private means of access to Docklands Light Railway, on the west side of the new part of Tidal Basin Roundabout, from the circulatory carriageway of the roundabout.
	–	–	Reference 2 New private means of access to the new tunnel services compound on the east side of the Silvertown Tunnel from the new highway to be known as the Tunnel Services Compound Access Road (off the realigned Dock Road).
	Reference h Access to premises (occupied by Docklands Light Railway Limited and ASD Limited) from the south-west side of the existing Dock Road, 235 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road south-westwards for a distance of 105 metres.	Reference 3 (part) To be substituted by a new private means of access from the south side of the new Dock Road (realigned).
	Reference i Access to premises (occupied by Docklands Light Railway Limited and Quintain (No.8) Limited) from the south-west side of the existing Dock Road, 300 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road south-westwards for a distance of 65 metres.	Reference 3 (part) To be substituted by a new private means of access from the south side of the new Dock Road (realigned).
	Reference k (part) Scarab Close (part)	A length from a point on the existing Scarab Close, 75 metres south-west of its junction with the existing Dock Road, in a south-westerly direction, for a distance of 5 metres.	Reference 4 To be substituted by a new private means of access from the west side of the new Dock Road (realigned).
	Reference m Access to existing statutory undertakers’ apparatus from the south-west side of the existing Tidal Basin Roundabout.	A length from its junction with the existing Tidal Basin Roundabout in a north-easterly direction, for a distance of 15 metres.	Reference 5 To be substituted by a new private means of access, in the same location as the existing access to statutory undertakers’ apparatus, but repositioned from the edge of the new part of the Tidal Basin Roundabout.

PART 4 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up
The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1
None	None	–
The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2
None	None	–
The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3
In the administrative area of the London Borough of Newham; in the county of Greater London	Reference a Access to premises (occupied by Docklands Light Railway Limited) from the north of the existing A1020 Lower Lea Crossing, 60 metres west of the existing Tidal Basin Roundabout.	A length from its junction with the existing A1020 Lower Lea Crossing in a northerly direction for a distance of 15 metres.
	Reference c Access to premises (occupied by McGee Group) from the south-east side of the existing Scarab Close, 25 metres west of the existing Dock Road.	A length from its junction with the existing Scarab Close south-eastwards for a distance of 10 metres.
	Reference d Access to premises (occupied by McGee Group) from the south-east side of the existing Scarab Close, 35 metres west of the existing Dock Road.	A length from its junction with the existing Scarab Close south-eastwards for a distance of 10 metres.
	Reference e Access to premises (occupied by Hanson Quarry Products Europe Limited) from the north-west side of the existing Dock Road, 70 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road, north-eastwards for a distance of 10 metres.
	Reference f Access to premises (occupied by Hanson Quarry Products Europe Limited) from the north-west side of the existing Dock Road, 125 metres south-east from the existing Scarab Close.	A length from its junction with the existing Dock Road north-eastwards for a distance of 5 metres.
	Reference g Access to premises (occupied by O’Connell Plant and Groundworks Limited) from the north-west side of the existing Dock Road, 165 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road north-eastwards for a distance of 5 metres.
	Reference j Access to premises (occupied by Docklands Light Railway Limited) from the south-west side of the existing Dock Road, 330 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road south-westwards for a distance of 10 metres.
	Reference k (part) Scarab Close (part)	A length from a point on the existing Scarab Close, 25 metres south-west of its junction with the existing Dock Road, in a south-westerly direction, for a distance of 50 metres.

SCHEDULE 4 — LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED

(1) Area	(2) Plot Reference Number(s) shown on land plans
Royal Borough of Greenwich	01-036, 01-044a, 01-045a, 01-065, 01-066, 01-076, 01-088, 01-088a, 02-016a, 02-017a, 02-018a, 02-018b, 02-018c, 02-026a, 02-030, 02-033, 02-039, 02-041, 02-043, 02-046, 02-047a, 02-053, 02-053a, 02-062, 02-075, 02-088, 02-089, 03-001, 03-002a, 03-003a, 03-004a, 03-009, 03-017, 03-019, 03-020, 03-021, 03-026, 03-028, 03-030, 03-033, 03-035, 03-037, 03-037a, 03-037c, 03-038, 03-039, 03-042, 03-043, 03-047, 03-049, 03-050, 04-005, 04-006, 04-008, 04-010, 04-011, 04-015, 04-016, 04-016a, 04-018, 04-021, 04-022, 04-024, 04-025, 04-028, 04-030, 04-030a, 04-030b and 04-031
London Borough of Newham	04-032, 04-034, 04-036, 05-002, 05-005, 05-007, 05-010, 05-015, 05-022, 05-027, 05-029, 05-038, 05-038a, 05-044a, 05-045a, 05-046, 05-048a, 05-052, 05-057, 05-073, 05-087, 05-087a, 05-089, 05-092, 05-099, 05-105, 05-112, 05-117, 05-132, 06-016, 06-017a, 06-040, 06-063, 06-071, 06-072, 06-092, 06-092a, 06-098a, 07-005, 07-007b, 07-010, 07-011, 07-012, 07-016, 07-026, 07-027 and 07-028

SCHEDULE 5 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1961 has effect subject to the modification set out in sub-paragraph (2).

• (2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 5 to the Silvertown Tunnel Order 2018 (“the 2018 Order”)); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 5 to the 2018 Order) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

• (a) for “land is acquired or taken from” substitute “ a right or restrictive covenant over land is purchased from or imposed on ”; and

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

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 25 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 19 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 22(1) (compulsory acquisition of rights)—

• (a) with the modification specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modification referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

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

• (3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

• (5) Section 11 (powers of entry) of the 1965 Act is modified to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 19), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restriction ; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

• (6) Section 20 (protection for interests of tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 25(4) is also modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A to the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 26 (application of the 1981 Act) of the Silvertown Tunnel Order 2018 in respect of the land to which the notice to treat relates. (2) But see article 27(4) (acquisition of subsoil, etc., only) of the Silvertown Tunnel Order 2018 which excludes the acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 6 — LAND IN WHICH ONLY SUBSOIL OR NEW RIGHTS ABOVE SUBSOIL AND SURFACE MAY BE ACQUIRED

(1) Area	(2) Plot Reference Number(s) shown on land plans	(3) Depth beneath the level of the surface of the land
Royal Borough of Greenwich	03-024, 03-024a, 03-029, 03-031, 03-032, 03-37b, 04-017, 04-019, 04-020 and 04-23	0.5 metres
Royal Borough of Greenwich	03-040, 03-041, 03-045	2 metres
Royal Borough of Greenwich	04-014	3 metres
Royal Borough of Greenwich	03-046, 03-048	4 metres
Royal Borough of Greenwich	04-007, 04-009	5 metres
Royal Borough of Greenwich	04-012	6 metres
Royal Borough of Greenwich	04-013	7 metres
London Borough of Newham	04-033, 05-003, 05-008 and 05-011	0.5 metres
London Borough of Newham	05-009	2 metres

SCHEDULE 7 — LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Plot Reference Number(s) shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
Royal Borough of Greenwich	01-007, 01-008, 01-011	Working space to facilitate removal of existing gantry.	Work No. 4
	01-022, 01-022a, 01-027, 01-027a, 01-050a, 01-057a, 01-057b	Working space to facilitate improvement of Tunnel Avenue and construction of new Boord Street foot and cycle bridge including accommodation works to provide replacement access and replacement car parking for adjacent premises.	Work Nos. 4 and 11
	01-044, 01-045	Access to works and working space to facilitate improvement of A102 Blackwall Tunnel Southern Approach, and construction of new Boord Street foot and cycle bridge and temporary diversion of Millennium Way.	Work Nos. 1, 2, 3, 11 and 14
	01-045b, 01-083, 01-084, 01-087, 01-087a, 01-090, 02-018, 02-021, 02-022, 02-022a, 02-026	Temporary diversion of Millennium Way and Edmund Halley Way, working space to facilitate construction of Silvertown Tunnel, provision of temporary replacement car parking and associated access and provision of private means of access to premises.	Work Nos. 1 and 12
	01-047	Working space to facilitate construction of new Boord Street foot and cycle bridge; new access to premises; and improvement of A102 Blackwall Tunnel Southern Approach.	Work Nos. 2 and 11
	01-061, 01-091, 02-045	Working space to facilitate construction of gantry.	Work Nos. 2 and 4
	01-077, 01-077a, 01-086, 02-015, 02-016, 02-017	Working space and construction compounds to facilitate construction of Silvertown Tunnel and its southern approach and services compound, and construction of new private means of access.	Work Nos.1, 2, 5, 6 and 12
	02-036, 02-051	Working space and construction compounds to facilitate construction of Silvertown Tunnel, new Pavilion Lane and access to statutory undertakers’ apparatus.	Work Nos. 1, 5, 6, 10 and 12
	02-036b, 02-037, 02-041a, 02-047, 02-050, 02-052, 02-052b, 02-052c	Working space to facilitate construction of new Pavilion Lane and new access to statutory undertakers’ apparatus.	Work No. 10
	02-043a	Working space and construction compounds to facilitate construction of the Silvertown Tunnel and new Pavilion Lane; and temporary diversion of Millennium Way and Edmund Halley Way.	Work Nos.1,10, 12
	02-059, 02-062a, 02-075a	Working space and construction compounds to facilitate construction of Silvertown Tunnel; and temporary diversion of Millennium Way and Edmund Halley Way.	Work No. 1
	02-066, 02-067, 02-070, 02-081	Working space to facilitate construction of new Pavilion Lane.	Work No. 9
	02-072, 02-073	Working space to facilitate construction of new Pavilion Lane; and temporary diversion of Millennium Way.	Work Nos. 1 and 9
	02-078, 02-079, 02-080	Working space to facilitate temporary diversion of Millennium Way.	Work No. 1
	02-084, 02-087	Working space to facilitate improvement of the A102 Blackwall Tunnel southern approach and construction of new Pavilion Lane.	Work Nos. 2 and 9
	03-002, 03-002b, 03-003, 03-004, 03-005, 03-006	Working space to facilitate temporary diversion of Millennium Way.	Work Nos.1 and 14
	03-007, 03-008, 03-017a, 03-019a, 03-020a, 03-021a, 03-026a, 03-028a, 03-030a, 03-037d, 03-037e, 03-037f	Working space and construction compounds to facilitate construction of Silvertown Tunnel; and temporary diversion of Edmund Halley Way.	Work No. 1
	03-007a, 03-007b, 03-008a, 03-008b, 03-013, 03-014	Provision of a temporary replacement car park and associated buildings and access.	Work No. 1
	03-034, 03-036, 03-044, 04-001, 04-002, 04-003, 04-004	Provision of a temporary replacement car park.	Work No. 1
	04-026, 04-027	Working space to facilitate river wall works.	Work No. 1
London Borough of Newham	04-035, 05-001, 05-004, 05-006, 06-001	Working space to facilitate construction of Silvertown Tunnel and construction of temporary jetty and transportation area, including related dredging works and operations, and the establishment of an exclusion zone for the jetty.	Work Nos. 1, 20A and 20B
London Borough of Newham	05-014, 05-018, 05-019, 05-024, 05-025, 05-026, 05-040, 05-041, 05-042, 05-043, 05-044, 05-045, 05-048, 05-048b, 05-049, 05-050, 05-051, 05-054, 05-060, 05-064, 05-075, 05-081, 05-084, 05-109, 05-111, 06-006, 06-008, 06-009, 06-019, 06-020, 06-032, 06-036, 06-037, 06-042, 06-044, 06-053, 06-054, 06-055	Working space and construction compounds to facilitate construction of Silvertown Tunnel and realigned Dock Road and temporary relocated car parking and access thereto.	Work Nos. 1, 17 and 18
London Borough of Newham	05-016, 05-023, 05-028, 05-032, 05-033, 05-035	Working space and construction compounds to facilitate construction of Silvertown Tunnel, realigned Dock Road and temporary jetty and temporary relocated car parking and access to them.	Work Nos. 1, 17, 18, 20A and 20B
	05-047, 06-002, 06-003, 06-004, 06-005, 06-007, 06-010, 06-011, 06-012, 06-013, 06-027, 06-033, 06-035, 06-057, 06-060	Working space and construction compounds to facilitate construction of Silvertown Tunnel and realigned Dock Road, and to provide a temporary storage area and related access, and temporary relocated car parking and access to them.	Work Nos. 1, 17 and 18
	06-066, 06-068, 06-096, 06-098, 07-006, 07-007a, 07-007, 07-008, 07-009	Working space to facilitate improvement of the existing Tidal Basin Roundabout and Tidal Basin Road.	Work Nos. 16 and 19
	06-075, 06-078	Working space to facilitate improvement of the existing Tidal Basin Roundabout and Tidal Basin Road, and temporary relocated car parking and access to them.	Work Nos. 16, 17 and 19
	06-093	Working space and construction compounds to facilitate construction of the Silvertown Tunnel and its northern approach and services compound, and temporary relocated car parking and access to them.	Work Nos. 1, 15 and 17
	07-029	Working space and construction compounds to facilitate construction of the Silvertown Tunnel and its northern approach and services compound.	Work Nos. 1, 15 and 17

SCHEDULE 8 — REMOVAL OF MOTOR VEHICLES AND RECOVERY OF PENALTY CHARGES

PART 1 — PRELIMINARY

1

• (1) In this Schedule—

• “adjudicator” means a person specified in article 44(22) (removal of motor vehicles);

• “appeal” means an appeal under paragraph 4(1) or 9(1);

• “appellant” means the person bringing the appeal;

• “hearing” means an oral hearing;

• “hiring agreement” has the same meaning as in section 66 (hired vehicles) of the Road Traffic Offenders Act 1988 ;

• “penalty charge notice” has the meaning given in paragraph 5;

• “person liable” means the registered keeper of a motor vehicle;

• “the statement of charges” means the statement of charges published under article 54(5) (power to charge for use of the tunnels) applying by virtue of article 44(16) and

• “vehicle-hire firm” has the same meaning as in section 66 of the Road Traffic Offenders Act 1988.

• (2) In determining for the purposes of any provision of this Schedule whether a charge or penalty charge has been paid before the end of a particular period, it must be taken to be paid when it is received by TfL.

PART 2 — REPRESENTATIONS AND APPEALS IN RELATION TO THE REMOVAL OF MOTOR VEHICLES

Persons to whom Part 2 applies

2

This Part of this Schedule applies to a person (referred to as a “relevant person”) who—

• (a) pays or causes to be paid a penalty charge to recover a motor vehicle after it has been removed from the tunnels area in accordance article 44;

• (b) receives any sum after a motor vehicle has been sold or destroyed in accordance with article 44; or

• (c) is informed that the proceeds of disposal of a motor vehicle do not exceed the amount of the penalty charges payable in respect of the motor vehicle in accordance with article 44.

Right to make representations

3

• (1) A relevant person must, on the happening of an event such as is referred to in sub-paragraph (a), (b) or (c) of paragraph 2, immediately be informed by notice in writing, by or on behalf of TfL, of that person's right to make representations under this paragraph and that person's right of appeal under paragraph 4.

• (2) A relevant person may make representations in writing to TfL on one or more of the grounds mentioned in sub-paragraph (3).

• (3) The grounds are—

• (a) that the penalty charge paid to secure the release or recovery of the motor vehicle exceeded the amount applicable in the circumstances of the case;

• (b) in a case where the motor vehicle was removed and penalty charges were outstanding with respect to the motor vehicle, that—

• (i) those penalty charges were all incurred before the person liable in relation to the motor vehicle at the time of its removal had become the person liable in relation to that motor vehicle; or

• (ii) the number of penalty charges incurred after that person had become the person liable was fewer than such number as may be specified in the statement of charges; or

• (c) that the relevant person is a vehicle-hire firm and—

• (i) the motor vehicle in question was at the time the motor vehicle was removed hired from that firm under a hiring agreement; and

• (ii) the person hiring it had signed a statement of liability acknowledging that person's liability in respect of any penalty charge incurred in respect of the motor vehicle during the currency of the hiring agreement.

• (4) TfL may disregard any representations received by it after the end of the period of 28 days beginning with the date on which the relevant person is informed in accordance with sub-paragraph (1) of that person's right to make representations.

• (5) It is the duty of the person to whom representations are made under this paragraph, before the end of the period of 56 days beginning with the day on which it receives the representations—

• (a) to consider them and any supporting evidence which the person making them provides; and

• (b) to serve on that person a notice of its decision as to whether or not it accepts that the ground in question has been established.

• (6) Where TfL serves notice under sub-paragraph (5)(b) that it accepts that a ground has been established it must (when serving that notice or as soon as practicable after it has done so) refund any penalty charge or charges—

• (a) paid to recover the motor vehicle after it had been removed from the tunnels area;

• (b) deducted from the proceeds of sale of the motor vehicle,

except to the extent (if any) to which those sums were properly paid or deducted.

• (7) Where TfL serves notice under sub-paragraph (5)(b) that it does not accept that a ground has been established, that notice must—

• (a) inform the relevant person of that person's right to appeal to an adjudicator;

• (b) indicate the nature of the adjudicator's power to award costs against any person making a valid appeal;

• (c) describe in general terms the form and manner in which such an appeal is required to be made; and

• (d) provide such other information as TfL considers appropriate.

• (8) Where TfL fails to comply with sub-paragraph (5) before the end of the period of 56 days there mentioned—

• (a) TfL is deemed to have accepted that the ground in question has been established and to have served notice to that effect under sub-paragraph (6); and

• (b) sub-paragraph (6) has effect as if it required any refund to be made immediately after the end of that period.

• (9) Any notice required to be served under this paragraph may be served personally or by post or in such form as is agreed between TfL and the relevant person.

• (10) Where the person on whom any document is required to be served by sub-paragraph (5) is a body corporate, the document is duly served if it is sent by post or any such form as is agreed to the secretary or clerk to that body.

Right to appeal to an adjudicator

4

• (1) Where TfL serves notice under paragraph 3(5)(b) that it does not accept that a ground on which representations were made under that paragraph has been established, the person making those representations may appeal to an adjudicator against TfL's decision, before—

• (a) the end of the period of 28 days beginning with the date of service of the notice; or

• (b) such longer period as an adjudicator may allow following consultation with TfL.

• (2) An adjudicator may allow a longer period for an appeal under paragraph (1)(b) whether or not the period specified in paragraph (1)(a) has already expired.

• (3) On an appeal under this paragraph, the adjudicator must consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in paragraph 3(3) and, if the adjudicator concludes—

• (a) that any of the representations are justified; and

• (b) that TfL would have been under the duty imposed by paragraph 3(6) to refund any sum if TfL had served notice that it accepted that the ground in question had been established,

the adjudicator must direct the authority to make the necessary refund.

• (4) TfL must comply with a direction of the adjudicator.

PART 3 — RECOVERY OF PENALTY CHARGES

Penalty charge notices

5

• (1) Where a charge with respect to a motor vehicle under the statement of charges has not been paid by the time by which it is required by the statement of charges to be paid and, in those circumstances, the statement of charges provides for the payment of a penalty charge, TfL may serve a notice (“a penalty charge notice”).

• (2) A penalty charge notice must be served on the registered keeper of the motor vehicle.

• (3) A penalty charge notice must state—

• (a) the amount of the penalty charge to which it relates;

• (b) the grounds on which TfL believes that the penalty charge is payable with respect to the motor vehicle;

• (c) the time, in accordance with the statement of charges under which it is imposed, and the manner in which the penalty charge must be paid;

• (d) the amount of the reduced penalty charge if it is duly paid in the time specified in the statement of charges;

• (e) the amount of the increased penalty charge if—

• (i) the penalty charge is not paid; or

• (ii) no representations are made under paragraph 6,

before the end of the relevant period as defined by paragraph 10(3)(a);

• (f) the address to which payment of the penalty charge must be sent;

• (g) that the person on whom the notice is served (“the recipient”) may be entitled to make representations under paragraph 10; and

• (h) the effect of paragraph 9.

Representations against penalty charge notice

6

• (1) Where it appears to the recipient that one or other of the grounds mentioned in sub-paragraph (3) are satisfied, the recipient may make representations in writing to that effect to TfL.

• (2) TfL may disregard any such representations which are received by it after the end of the period of 28 days beginning with the date on which the penalty charge notice was served.

• (3) The grounds are—

• (a) that the recipient—

• (i) never was the registered keeper in relation to the motor vehicle in question;

• (ii) had ceased to be the person liable before the date on which the motor vehicle was used in the tunnels; or

• (iii) became the person liable after that date;

• (b) that the charge payable for the use or keeping of the motor vehicle on a road on the occasion in question was paid at the time and in the manner required by the statement of charges;

• (c) that no penalty charge is payable under the statement of charges;

• (d) that the motor vehicle had been used or kept, or permitted to be used or kept, on a road by a person who was in control of the motor vehicle without the consent of the registered keeper;

• (e) that the penalty charge exceeded the amount applicable in the circumstances of the case;

• (f) that the recipient is a vehicle-hire firm and—

• (i) the motor vehicle in question was at the material time hired from that firm under a hiring agreement; and

• (ii) the person hiring it had signed a statement of liability acknowledging liability in respect of any penalty charge notice imposed in relation to the motor vehicle during the currency of the hiring agreement.

• (4) Where the ground mentioned in sub-paragraph (3)(a)(ii) is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person to whom the motor vehicle was disposed of by the person making the representations (if that information is in that person's possession).

• (5) Where the ground mentioned in sub-paragraph (3)(a)(iii) is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person from whom the motor vehicle was acquired by the person making the representations (if that information is in that person's possession).

• (6) Where representations are duly made under this paragraph to TfL it must—

• (a) consider them and any supporting evidence which the person making them provides; and

• (b) serve on that person notice of its decision as to whether or not it accepts that the ground in question has been established.

Cancellation of penalty charge notice

7

• (1) Where representations are made under paragraph 6 and TfL accepts that the ground in question has been established it must—

• (a) cancel the penalty charge notice; and

• (b) state in the notice served under paragraph 6(6) that the penalty charge notice has been cancelled.

• (2) The cancellation of a penalty charge notice under this paragraph is not to be taken to prevent TfL concerned from serving a fresh penalty charge notice on the same or another person.

Rejection of representations against penalty charge notice

8

• (1) Where any representations are made under paragraph 6 but TfL does not accept that a ground has been established, the notice served under paragraph 6(6) (“the notice of rejection”) must—

• (a) state that a charge certificate may be served under paragraph 10 unless before the end of the period of 28 days beginning with the date of service of the notice of rejection—

• (i) the penalty charge is paid; or

• (ii) the person on whom the notice is served appeals to an adjudicator against the penalty charge;

• (b) indicate the nature of an adjudicator's power to award costs against any person appealing to the adjudicator; and

• (c) describe in general terms the form and manner in which an appeal to an adjudicator must be made.

• (2) A notice of rejection may contain such other information as TfL considers appropriate.

Adjudication by an adjudicator

9

• (1) Where TfL serves notice under paragraph 6(6) that it does not accept that a ground on which representations were made under that paragraph has been established, the person making those representations may appeal to an adjudicator against TfL's decision before—

• (a) the end of the period of 28 days beginning with the date of service of that notice; or

• (b) such longer period as an adjudicator may allow, following consultation with TfL.

• (2) An adjudicator may allow a longer period for an appeal under sub-paragraph (1)(b) whether or not the period specified in sub-paragraph (1)(a) has already expired.

• (3) On an appeal under this paragraph, the adjudicator must consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in paragraph 6(3) and may give TfL such directions as the adjudicator considers appropriate.

• (4) TfL must comply with a direction of the adjudicator given under sub-paragraph (3).

Charge certificates

10

• (1) Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, TfL may serve on that person a statement (a “charge certificate”) to the effect that the penalty charge in question is increased to the sum specified in the statement of charges under which it was incurred.

• (2) Where TfL has served a charge certificate on any person it may cancel the charge certificate and serve or cancel such further charge certificates as it thinks fit.

• (3) The relevant period, in relation to a penalty charge notice, is the period of 28 days beginning—

• (a) where no representations are made under paragraph 6, with the date on which the penalty charge notice is served;

• (b) where—

• (i) such representations are made;

• (ii) a notice of rejection is served by TfL; and

• (iii) no appeal against the notice of rejection is made,

with the date on which the notice of rejection is served; or

• (c) where there has been an unsuccessful appeal against a notice of rejection, with the date on which notice of the adjudicator's decision is served on the appellant.

• (4) Where an appeal against a notice of rejection is made but is withdrawn before the adjudicator gives notice of the adjudicator's decision, the relevant period in relation to a penalty charge notice is the period of 14 days beginning with the date on which the appeal is withdrawn.

Enforcement of charge certificate

11

Where a charge certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid before the end of the period of 14 days beginning with the date on which the certificate is served, TfL may, if a county court so orders, recover the increased charge as if it were payable under a county court order.

Invalid notices

12

• (1) This paragraph applies where—

• (a) a county court makes an order under paragraph 11;

• (b) the person against whom it is made makes a statutory declaration complying with sub-paragraph (2); and

• (c) that declaration is, before the end of the period of 21 days beginning with the date on which notice of the county court's order is served on that person, served on the county court which made the order.

• (2) The statutory declaration must state that the person making it—

• (a) did not receive the penalty charge notice in question;

• (b) made representations to TfL under paragraph 6 but did not receive a notice of rejection; or

• (c) appealed to an adjudicator under paragraph 9 against the rejection by TfL of representations made by that person under paragraph 6 but had no response to the appeal.

• (3) Sub-paragraph (4) applies where it appears to a county court, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of that person's case to insist on that person serving a statutory declaration within the period of 21 days allowed for by sub-paragraph (1).

• (4) Where this sub-paragraph applies, the county court may allow such longer period for service of the statutory declaration as the county court considers appropriate.

• (5) Where a statutory declaration is served under sub-paragraph (1)(c)—

• (a) the order of the court is deemed to have been revoked;

• (b) the charge certificate is deemed to have been cancelled;

• (c) in the case of a declaration under sub-paragraph (2)(a), the penalty charge notice to which the charge certificate relates is deemed to have been cancelled; and

• (d) the district judge must serve written notice of the effect of service of the declaration on the person making it and on TfL.

• (6) Service of a declaration under sub-paragraph (2)(a) must not be taken to prevent TfL from serving a fresh penalty charge notice on the same or another person.

• (7) Where a declaration has been served under sub-paragraph (2)(b) or (c), TfL must refer the case to the adjudicator who may give such directions as the adjudicator considers appropriate.

Enforcement by execution

13

• (1) Subject to sub-paragraph (2)—

• (a) an unpaid penalty charge which is recoverable in accordance with paragraph 11 as if it were payable under a county court order; and

• (b) a sum to be paid by a person (other than TfL) under an adjudication of an adjudicator which is recoverable in accordance with paragraph 14 as if it were payable under a county court order,