The A46 Newark Bypass Development Consent Order 2025

• (a) the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 35(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

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

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

• (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 35(1) has effect subject to this sub-paragraph.

• (6) Prior to the commencement of operation of the authorised development, the undertaker shall test the use of the authorised development in a manner that shall first have been agreed with Network Rail and if, notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

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

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

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

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

• (d) the undertaker shall not allow the use or operation of the authorised development in a manner that has caused or will cause EMI until measures have been taken in accordance with this paragraph to prevent EMI occurring.

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

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

• (b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 36.

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 46(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 41(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

• (11) In relation to any dispute arising under this paragraph the reference in article 56 (arbitration) to the Institution of Civil Engineers shall be read as a reference to the Institution of Engineering and Technology.

43

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 undertaker 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 undertaker 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.

44

The undertaker 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.

45

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 undertaker, be repaid by the undertaker to Network Rail.

46

• (1) The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule (subject to article 34 (no double recovery)) which may be occasioned to or reasonably incurred by Network Rail—

• (a) by reason of the construction, maintenance or operation of a specified work or the failure thereof; or

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

• (c) by reason of any act or omission of the undertaker or any person in its employ or of its contractors or others whilst accessing to or egressing from the authorised development;

• (d) in respect of any damage caused to or additional maintenance required to, railway property or any such interference, or obstruction or delay to the operation of the railway as a result of access to or egress from the authorised development by the undertaker or any person in its employ or of its contractors or others; and

• (e) in respect of costs incurred by Network Rail in complying with any railway operational procedures or obtaining any regulatory consents which procedures are required to be followed or consents obtained to facilitate the carrying out or operation of the authorised development,

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

• (2) Network Rail must—

• (a) give the undertaker reasonable written notice of any such claims or demands

• (b) not make any settlement or compromise of such a claim or demand without the prior consent of the undertaker; and

• (c) take such steps as are within its control and are reasonable in the circumstances to mitigate any liabilities relating to such claims or demands.

• (3) The sums payable by the undertaker under sub-paragraph (1) shall if relevant 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 shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

• (6) In this paragraph—

• “the relevant costs” means the costs, losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any specified work including but not limited to 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 subparagraph (1); and

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

47

Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 46) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part of this Schedule (including any claim relating to those relevant costs).

48

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

49

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

• (a) any railway property shown on the works 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 (statutory or non-statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

50

Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part I (the provision of railway services) of the Railways Act 1993.

51

The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent under article 12 (consent to transfer benefit of Order) of this Order and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

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

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

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

52

The undertaker 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 54 (certification of documents, etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in a format specified by Network Rail.

53

In relation to any dispute arising under this part of this Part of this Schedule (except for those disputes referred to in paragraph 42(11)), the provisions of article 56 (arbitration) shall not apply and any such dispute, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) to the President of the Institution of Civil Engineers.

PART 5 — FOR THE PROTECTION OF THE CANAL & RIVER TRUST

Application

54

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

Interpretation

55

In this Part of this Schedule—

• “Code of Practice” means the Code of Practice for Works Affecting the Canal & River Trust (April 2024) or any updates or amendments thereto;

• “construction” in relation to any specified work or protective work, includes—the execution and placing of that work; andany relaying, renewal or maintenance of that work,and “construct” and “constructed” have corresponding meanings;

• “Canal & River Trust’s Network” means the Canal & River Trust’s network of waterways;

• “detriment” means any damage to the waterway or any other property of the Canal & River Trust’s Network caused by the presence of the authorised development and, without prejudice to the generality of that meaning, includes—any material obstruction of, interference with or hindrance or danger to navigation or to any use of the waterway (including towing paths) unless such interference is authorised by this Order or otherwise agreed with the Canal & River Trust;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 thereto or drainage of water thereon;any harm to the ecology of the waterway (including any adverse impact on any site of special scientific interest comprised in the Canal & River Trust’s Network); andany material interference with the exercise by any person of rights over the Canal & River Trust’s Network;

• “the Engineer” means an engineer appointed by the Canal & River Trust for the purpose in question;

• “plans” includes navigational risk assessments, topographical surveys, sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;

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

• “prior notice” means a minimum of 6 weeks’ prior notice;

• “protective works” means a work considered under paragraph 58 (approval of plans, protective works, etc.);

• “specified work” means so much of any authorised development (including any temporary works) as defined in article 2 of this Order that is situated upon, across, under, over or within 15 metres of, or may in any reasonable way affect, the waterway; and

• “the waterway” means each and every part of the River Trent within the Order limits and any works, lands or premises within the Order limits belonging to the Canal & River Trust, or under its management or control, and held or used by the Canal & River Trust in connection with Canal & River Trust’s Network and/or its statutory functions.

56

Where the Code of Practice applies to any works or matter that are part of the authorised development or that form part of the protective works and there is an inconsistency between these protective provisions and the Code of Practice, the part of the Code of Practice that is inconsistent with these protective provisions will not apply and these protective provisions will apply.

Powers requiring the Canal & River Trust’s consent

57

• (1) Article 10(1)(b) and 10(2) (in respect of vertical deviations only) (limits of deviation) shall not apply in relation to the waterway unless such exercise is with the consent of the Canal & River Trust.

• (2) Save as authorised by the powers conferred by this Order, the undertaker must not materially obstruct or interfere with pedestrian or vehicular access to the waterway unless such obstruction or interference with such access is with the consent of the Canal & River Trust.

• (3) The undertaker must not exercise any power conferred by this Order to discharge water into the waterway under article 23 (discharge of water) unless such exercise is with the consent of the Canal & River Trust, provided that such consent shall not be required where the undertaker demonstrates to the Engineer that the maximum discharge velocity of such discharge is less than or equal to 0.3 metres per second.

• (4) The undertaker must not exercise any power conferred by this Order to interfere with the existing supply of water to or the drainage of water from the waterway unless such exercise is with the consent of the Canal & River Trust.

• (5) The undertaker must not exercise the powers conferred by article 25 (authority to survey and investigate the land) or section 11(3) of the 1965 Act, in relation to the waterway unless such exercise is with the consent of the Canal & River Trust.

• (6) The undertaker must not exercise any power conferred by article 26 (compulsory acquisition of land), 29 (compulsory acquisition of rights and imposition of restrictive covenants), 37 (acquisition of subsoil or airspace only) or 41 (statutory undertakers) in respect of the Canal & River Trust’s interests in the waterway except with the consent of the Canal & River Trust.

• (7) The undertaker must not exercise any power conferred by article 39 (temporary use of land for carrying out the authorised development), 40 (temporary use of land for maintaining the authorised development) or 45 (felling or lopping of trees and removal of hedgerows) in respect of the waterway unless such exercise is with the consent of the Canal & River Trust.

• (8) Without prejudice to sub-paragraphs (1) to (7), the undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over the Canal & River Trust’s Network, or extinguish any existing rights of the Canal & River Trust in respect of any third party property, except with the consent of the Canal & River Trust.

• (9) The consent of the Canal & River Trust pursuant to (1) to (8) must not be unreasonably withheld or delayed but may be given subject to reasonable terms and conditions provided that it will not be reasonable for the Canal & River Trust to withhold or delay consent or impose terms and conditions that would prevent the undertaker from complying with the protective provisions in this Part of this Schedule or any condition contained in Schedule 2 (Requirements).

• (10) The undertaker must not under the powers of this Order do anything which would directly result in the waterway being incapable of being used or maintained or which would affect the safe operation of the Canal & River Trust’s Network, in the Canal & River Trust’s reasonable opinion.

• (11) This paragraph does not apply where the undertaker reasonably believes emergency works are required to prevent imminent injury or damage to persons or property, provided that in such circumstances the undertaker must notify the Canal & River Trust as soon as reasonably practicable.

Approval of plans, protective works, etc.

58

• (1) The undertaker must before commencing construction of any specified work supply to the Canal & River Trust proper and sufficient plans of that work (on the Canal & River Trust’s own forms or as otherwise agreed in writing) having regard to the Canal & River Trust’s Code of Practice, together with such further particulars as the Canal & River Trust may within 21 days of initial receipt of such plans reasonably require for the approval of the Engineer.

• (2) The approval of the Engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if within 35 days after all such Plans (including any other particulars reasonably required under sub-paragraph (1)) have been received by the Canal & River Trust the Engineer has not given notice of the approval or disapproval of those Plans and the grounds of such disapproval, the Engineer is deemed to have approved the Plans as submitted.

• (3) Construction of a specified work must not commence until plans of that work have been approved in writing by the Engineer, deemed approved pursuant to sub-paragraph (2) or settled by arbitration.

• (4) When signifying approval of the plans the Engineer (or the arbitrator) may specify, in relation to land held or controlled by the Canal & River Trust or the undertaker, and subject to such works being authorised by this Order or being development permitted by an Act of Parliament or general development order made under the 1990 Act—

• (a) any protective work (whether temporary or permanent) which in the reasonable opinion of the Engineer should be carried out before the commencement of a specified work to prevent detriment; and

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

• (5) Any protective work required under this paragraph must be—

• (a) constructed by the undertaker or by the Canal & River Trust at the undertaker’s request within 28 days of notification of a Protective Work by the Engineer in accordance with sub-paragraph (4)(a) or an agreed programme to be agreed within 14 days of notification of a Protective Work by the Engineer in accordance with paragraph (4)(a); and

• (b) the undertaker must not commence the construction of a specified work unless approved by the Engineer (such approval to be provided within 14 days of request by the undertaker) or until the Engineer has notified the undertaker that the protective work has been practically completed to the Engineer’s reasonable satisfaction (such approval to be provided within 14 days of notification of completion of the protective work by the undertaker).

• (6) The withholding of an approval of the Engineer under this paragraph will be deemed to be unreasonable if it would prevent the undertaker from complying with any condition contained in Schedule 2 (Requirements) to this Order.

• (7) The undertaker must pay to the Canal & River Trust a capitalised sum representing the reasonably increased or additional cost of maintaining and, when necessary, renewing any specified works or any permanent protective works provided under sub-paragraph (3) and sub-paragraph (5) respectively above for which the Canal & River Trust is liable to maintain, and of carrying out any additional dredging of the waterway reasonably necessitated by the exercise of any of the powers under this Order provided that, 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 is to be set off against any sum payable by the undertaker to the Canal & River Trust under this paragraph.

• (8) In the event that the undertaker fails to practically complete the construction of, or part of, a specified work, the Canal & River Trust may, if it is reasonably required in order to avoid detriment, serve on the undertaker a notice in writing requesting that construction be practically completed. Any notice served under this sub-paragraph must state the works that are to be practically completed by the undertaker and lay out a reasonable timetable for the works’ practical completion. If the undertaker fails to comply with this notice within 35 days (or the timescales set out in the timetable, whichever is the longer), the Canal & River Trust may undertake protective works to make safe the area and avoid detriment and the undertaker must reimburse the Canal & River Trust all costs, fees, charges and expenses it has reasonably incurred in carrying out such works.

Design of works

59

• (1) Save in respect of any works or plans already agreed in writing between the undertaker and the Canal & River Trust prior to the date of this Order, and without prejudice to its obligations under the foregoing provisions of this Part of this Schedule, the undertaker must consult, collaborate and respond constructively to any reasonable approach, suggestion, proposal or initiative made by the Canal & River Trust on—

• (a) the design and appearance of any specified works and/or any protective works;

• (b) the environmental effect of any specified works and/or any protective works, having regard to such views as may be expressed by the Canal & River Trust in response to such consultation pursuant in particular to the requirements imposed on the Canal & River Trust by section 22 (general environmental and recreational duties) of the British Waterways Act 1995[^f00143] and to the interest of the Canal & River Trust in preserving and enhancing the environment of its waterways;

• (c) amendments or alterations to any management plan or action plan as may be approved pursuant to Schedule 2 of this Order in respect of or in connection with a specified work or a protective work; and

• (d) the structural monitoring plan in respect of the Fiddler’s Elbow Bridge (as identified in the First Iteration Monitoring Plan (Ref: CH2)).

Fencing

60

Where so required by the Engineer, the undertaker 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 the waterway, whether on a temporary or permanent basis or both.

Notice of works

61

• (1) Without prejudice to sub-paragraphs (2) and (3), the undertaker must give to the Engineer 30 days’ notice of its intention to commence the construction of any of the specified works 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, the Canal & River Trust may where appropriate arrange for the publication notices bringing those works to the attention of users of the Canal & River Trust’s Network.

• (2) Unless prior notice is given by the undertaker to the Canal & River Trust, the undertaker must not completely close to navigation any part of the waterway between—

• (a) 10pm and 6am during the months of April to October; or

• (b) 7pm and 7am during the months of November to March.

• (3) The undertaker will not construct or, to the extent that it would affect the waterway or any function of the Canal & River Trust, maintain any specified work outside of the timescales provided for within sub-paragraph (2) unless otherwise agreed in writing between the undertaker and the Canal & River Trust in accordance with the notice periods contained within the Code of Practice.

• (4) This paragraph does not apply where the undertaker reasonably believes emergency works are required to prevent imminent injury or damage to persons or property provided that, in such circumstances, the undertaker must notify the Canal & River Trust as soon as reasonably practicable.

Lighting

62

Provided that such lighting does not result in any adverse environmental effects (as assessed and evidenced by the undertaker to the Canal & River Trust’s reasonable satisfaction), the undertaker must provide and maintain as its own expense in the vicinity of the specified works 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.

Survey of waterway

63

• (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 undertaker must bear the reasonable and proper cost of the carrying out by a qualified surveyor (the “surveyor”), to be approved by the Canal & River Trust and the undertaker of 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 undertaker which may provide support for the waterway, as will or may be affected by the specified works.

• (2) For the purposes of the survey carried out under sub-paragraph (1), the undertaker must—

• (a) on being given reasonable notice (save 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 undertaker 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 he may reasonably require and which the undertaker holds with regard to such existing works of the undertaker and to the specified works or the method of their Construction.

• (3) The reasonable costs of the survey must 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 will 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 the Canal & River Trust and the undertaker at no cost to the Canal & River Trust.

Construction of specified works

64

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

• (a) as soon as reasonably practicable in accordance with the plans approved or deemed to have been approved or settled as aforesaid and with any specifications made under paragraphs 58 (approval of plans, protective works, etc.) and 59 (design of works) of this Part;

• (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;

• (d) in such manner as to cause as little inconvenience as is reasonably practicable to the Canal & River Trust, its officers and agents and all other persons lawfully using the waterways (including members of, and those authorised by, the Newark & District Piscatorial Federation), except to the extent that temporary obstruction has otherwise been agreed by the Canal & River Trust;

• (e) in such a manner as to ensure that no materials are discharged or deposited into the waterway; and

• (f) in compliance with the Code of Practice, where relevant.

• (2) Nothing in this Order authorises the undertaker to make or maintain any permanent works in or over the waterway so as to impede or prevent (whether by reducing the width of the waterway or otherwise) the passage of any vessel which is of a kind (as to its dimensions) for which the Canal & River Trust is required by section 105(1)(b) and (2) (maintenance of waterways) of the Transport Act 1968[^f00144] to maintain the waterway.

• (3) Following the practical completion of the construction of the specified works, the undertaker must restore the waterway to a condition (save in respect of the specified works themselves) no less satisfactory than its condition immediately prior to the commencement of those works unless otherwise agreed between the undertaker and the Canal & River Trust.

• (4) In assessing whether the condition of the waterway is no less satisfactory than immediately prior to the works pursuant to sub-paragraph (3), the Canal & River Trust and the undertaker must take account of any survey issued pursuant to paragraph 63 (survey of waterway) and any other information agreed between them pursuant to this Part.

Prevention of pollution

65

The undertaker must not, in the course of constructing a specified work or a protective work or otherwise in connection therewith, do or permit anything which may result in the pollution of the waterway or the deposit of materials therein 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

66

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

• (a) at all reasonable times 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) The Canal & River Trust, on being given reasonable notice, must—

• (a) at all reasonable times afford reasonable facilities to the undertaker and its agents for access to any works carried out by the Canal & River Trust under this Part during their construction; and

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

Alterations to the waterway

67

• (1) If during the construction of a specified work or a protective work, or during a period of twenty four (24) months after the practical completion of those works, any alterations or additions (whether permanent or temporary) to the waterway are reasonably necessary in consequence of the construction of the specified work or the protective work in order to avoid detriment, and the Canal & River Trust gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to the Canal & River Trust the reasonable costs of those alterations or additions including, in respect of any such alterations or additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by the Canal & River Trust 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, where reasonably justified, a capitalised sum representing such saving is to be set off against any sum payable by the undertaker to the Canal & River Trust under this paragraph.

Maintenance of works

68

• (1) If at any time after the practical completion of a specified work or a protective work, not being a work vested in the Canal & River Trust, the Canal & River Trust gives notice to the undertaker informing it that it reasonably considers that the state of maintenance of the specified work or protective work appears to be such that the work is causing or likely to cause detriment, the undertaker 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.

• (2) The Canal & River Trust shall at all reasonable times afford reasonable access to its land or premises as is required by the undertaker in order to take such steps as are required by sub-paragraph (1).

Repayment of the Canal & River Trust’s fees, etc.

69

• (1) The undertaker must pay to the Canal & River Trust in accordance with the Code of Practice all fees, costs, charges and expenses reasonably incurred by the Canal & River Trust—

• (a) in constructing any protective works under the provisions of paragraph 58 (approval of plans, protective works etc.).

• (b) in respect of the approval by the Engineer of plans submitted by the undertaker 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, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, watching and lighting 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;

• (d) in bringing the specified works or any protective works to the notice of users of the Canal & River Trust’s Network; and

• (e) in constructing and/or carrying out any measures related to any specified works or protective works which are reasonably required by the Canal & River Trust to ensure the safe navigation of the waterway save that nothing is to require the Canal & River Trust to construct and/or carry out any measures.

Making good of detriment, compensation and indemnity, etc.

70

• (1) If any detriment is caused by the construction or failure of the specified works or the protective works if carried out by the undertaker, the undertaker (if so required by the Canal & River Trust) must make good such detriment and pay to the Canal & River Trust all reasonable expenses incurred by the Canal & River Trust, and compensation for any loss sustained by the Canal & River Trust, in making good or otherwise by reason of the detriment.

• (2) The undertaker is responsible for and must pay to the Canal & River Trust all costs, charges, damages, expenses and losses not otherwise provided for in this Part which may be occasioned to and reasonably incurred by the Canal & River Trust—

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

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

subject to sub-paragraph (4), the undertaker must effectively indemnify and hold harmless the Canal & River Trust from and against all claims and demands arising out of or in connection with any of the matters referred to in sub-paragraphs (2)(a) and (2)(b).

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

• (4) Nothing in sub-paragraph (2) imposes any liability on the undertaker with respect to any detriment, damage, loss or interruption to the extent that it is attributable to the act, neglect or default of the Canal & River Trust, its officers, servants, contractors or agents.

• (5) The Canal & River Trust must give the undertaker reasonable notice of any such claim or demand as aforesaid and no settlement or compromise of such a claim or demand is to be made without the prior consent of the undertaker.

• (6) The aggregate cap of the undertaker’s gross liability for consequential losses under this Part shall be limited to £50,000,000.00 (fifty million pounds) for any one occurrence or all occurrences of a series arising out of the one original cause.

Arbitration

71

Any difference arising between the undertaker and the Canal & River Trust under this Part (other than a difference as to the meaning or construction of this Part) must be referred to and settled by arbitration in accordance with article 56 (arbitration).

Capitalised sums

72

Any capitalised sum which is required to be paid under this Part must be calculated by multiplying the cost of the maintenance or renewal works to the waterway necessitated as a result of the operation of the authorised development by the number of times that the maintenance or renewal works will be required during the operation of the authorised development.

As-built drawings

73

As soon as reasonably practicable following the completion of the construction of the authorised development, the undertaker must provide to the Canal & River Trust as-built drawings of any Specified Works in a form and scale to be agreed between the undertaker and the Canal & River Trust to show the position of those works in relation to the waterway.

PART 6 — FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY DISTRIBUTION (EAST MIDLANDS) PLC

Application

74

For the protection of National Grid Electricity Distribution (East Midlands) plc (“NGED”), the following provisions have effect unless otherwise agreed in writing between the undertaker and NGED.

Interpretation

75

• (1) In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable NGED to fulfil its statutory functions in a manner not less efficient than previously and, where the context requires, includes any part of such alternative apparatus;

• “alternative rights” means all and any necessary legal easements, leases, consents or permissions required by NGED in order to permit or authorise a diversion and to permit or authorise NGED to lay, keep, operate, maintain, adjust, repair, alter, relay, renew, supplement, inspect, examine, test and remove the alternative apparatus;

• “apparatus” means electric lines or electrical plant as defined in the Electricity Act 1989[^f00145] belonging to or maintained by NGED;

• “diversion” means an alteration to the NGED Network in order to enable or facilitate the authorised development;

• “functions” includes powers and duties;

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

• “NGED” means National Grid Electricity Distribution (East Midlands) plc (company number 02366923) whose registered office is at Avonbank, Feeder Road, Bristol, BS2 0TB;

• “NGED Network” means NGED’s distribution network operated pursuant to its distribution licence issued pursuant to section 6 (licences authorising supply, etc.) of the Electricity Act 1989[^f00146];

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

• “specified work” means so much of any of the authorised development that is carried out within 6 metres of any apparatus; and

other terms have the meaning given in article 2 (interpretation).

Precedence of 1991 Act in respect of apparatus in streets

76

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and NGED are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

No acquisition except by agreement

77

Regardless of any provision in this Order or anything shown on the land plan, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

78

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule and any right of NGED to maintain that apparatus in that land or gain access to it must not be extinguished until alternative apparatus has been constructed, alternative rights acquired or granted for the alternative apparatus and the alternative apparatus is in operation and access to it has been provided if necessary to the reasonable satisfaction of NGED in accordance with sub-paragraphs (2) to (10) or with such alternative or supplementary provisions as the undertaker and NGED may agree between them.

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to NGED written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed.

• (3) If as a direct consequence of the exercise of any of the powers conferred by this Order NGED reasonably needs to remove or divert any of its apparatus and the removal of that apparatus has not been required by the undertaker under sub-paragraph (2), NGED must give to the undertaker written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and this Part will have effect as if the removal or diversion of such apparatus had been required by the undertaker under sub-paragraph (2).

• (4) If as a direct consequence of the removal or diversion of apparatus under sub-paragraph (2) or (3) alternative apparatus is to be constructed in land owned or controlled by the undertaker, the undertaker must afford to NGED the necessary facilities alternative rights and any necessary third party consent or approvals for the construction of alternative apparatus in the other land owned or controlled by the undertaker.

• (5) If the undertaker or NGED requires to remove or divert any apparatus placed within the Order land, and alternative apparatus is to be constructed in land not owned or controlled by the undertaker as a consequence of the removal or diversion of apparatus, NGED shall use its reasonable endeavours to obtain alternative rights in the land in which the alternative apparatus is to be constructed.

• (6) If alternative apparatus is to be constructed in land not owned or controlled by the undertaker and NGED is unable to obtain such alternative rights as are mentioned in sub-paragraph (5), the undertaker and NGED shall consider whether there is an alternative engineering solution that can achieve the diversion without the need for the use of compulsory powers. Should such an alternative engineering solution not be practicable and deliverable in a reasonable timescale and at a reasonable cost (which shall be determined by the undertaker acting reasonably), NGED may but shall not be compelled to use the powers of compulsory acquisition set out in this Order or the Electricity Act 1989 to obtain the necessary facilities and rights in the land outside the Order limits in which the alternative apparatus is to be constructed in accordance with a timetable agreed between NGED and the undertaker.

• (7) Any alternative apparatus required pursuant to sub-paragraphs (2) or (3) must be constructed in such manner and in such line or situation as may be agreed between NGED and the undertaker or in default of agreement settled in accordance with paragraph 83 (expert determination).

• (8) NGED must, after the alternative apparatus to be provided or constructed has been agreed or settled pursuant to paragraph 83, and after the acquisition by or grant to NGED of any such facilities and alternative rights as are referred to in sub-paragraphs (2) to (6), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required to be removed under the provisions of this Part of this Schedule.

• (9) Regardless of anything in sub-paragraph (8), if the undertaker gives notice in writing to NGED that it desires itself to execute any work or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by NGED, must be executed by the undertaker—

• (a) in accordance with plans and specifications and in such line or situation agreed between the undertaker and NGED or, in default of agreement, determined in accordance with paragraph 83; and

• (b) without unnecessary delay under the superintendence, if given and to the reasonable satisfaction of NGED.

• (10) Nothing in sub-paragraph (9) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus or alternative apparatus, or execute any filling around the apparatus or alternative apparatus (where the apparatus or alternative apparatus is laid in a trench), within 600 millimetres of the point of connection or disconnection of such apparatus or alternative apparatus.

Facilities and rights for alternative apparatus

79

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to NGED facilities and alternative rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and alternative rights must be granted upon such terms and conditions as shall be agreed between the undertaker and NGED or, in default of agreement, settled in accordance with paragraph 83 (expert determination).

• (2) In settling those terms and conditions in respect of alternative apparatus to be constructed in the land of the undertaker, the expert must—

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

• (b) have regard to the terms and conditions, if any, applicable to the apparatus for which the alternative apparatus is to be substituted;

• (c) have regard to NGED’s ability to fulfil its service obligations and comply with its licence conditions; and

• (d) have regard to the standard form rights NGED ordinarily secures for the type of alternative apparatus to be constructed in the circumstances similar to the authorised development.

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

Retained apparatus

80

• (1) Not less than 60 days before the undertaker intends to start the execution of any specified work, where the removal of the apparatus in question has not been required under sub-paragraph (5), the undertaker shall submit to NGED a plan of the works to be executed. Any submission must note the time limits imposed on NGED under sub-paragraph (3) below.

• (2) Subject to sub-paragraph (3), the undertaker shall not commence any works to which sub-paragraph (1) applies until NGED has identified any reasonable requirements it has for the alteration or protection of the apparatus or for securing access to it.

• (3) If by the expiry of 60 days beginning with the date on which a plan under sub-paragraph (1) is submitted NGED has not advised the undertaker in writing of any reasonable requirements for the alteration or protection of the apparatus, or for securing access to it, it shall be deemed not to have any such requirements and the undertaker shall be at liberty to proceed with the specified works.

• (4) The works referred to in sub-paragraph (1) must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with any reasonable requirements as may be notified in accordance with sub-paragraph (2) by NGED. NGED will be entitled to watch and inspect the execution of those works.

• (5) At all times when carrying out the authorised development the undertaker shall comply with NGED’s Avoidance of Danger from Electricity Overhead Lines and Underground Cables (2014), the Energy Network Association’s A Guide to the Safe Use of Mechanical Plant in the Vicinity of Electricity Overhead Lines (undated), the Health and Safety Executive’s GS6 Avoiding Danger from Overhead Power Lines and the Health and Safety Executive’s HSG47 Avoiding Danger from Underground Services (Third Edition) (2014) as the same may be replaced from time to time.

• (6) If NGED, in accordance with sub–paragraph (2) and in consequence of the specified works proposed by the undertaker, reasonably requires the removal or diversion of any apparatus and gives written notice to the undertaker of that requirement, this Part of this Schedule applies as if the removal or diversion of the apparatus had been required by the undertaker under paragraph 78(2) (removal of apparatus).

• (7) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 60 days before commencing the execution of any specified works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (8) The undertaker is not required to comply with sub–paragraph (1) in a case of emergency, but in that case it must give to NGED notice and a plan of those works as soon as reasonably practicable subsequently and must comply with any reasonable requirements stipulated by NGED under sub-paragraph (2) and with sub–paragraphs (4) and (5) in so far as is reasonably practicable in the circumstances. Nothing in this sub-paragraph prevents NGED from exercising its rights under sub-paragraph (6).

Expenses and costs

81

• (1) Subject to the following provisions of this paragraph, the undertaker must pay to NGED the reasonable expenses reasonably incurred by NGED in or in connection with the inspection, removal, diversion, alteration or protection of any apparatus, the construction of any new connection or alternative apparatus and the acquisition or grant of alternative rights for the alternative apparatus, arising as a result of the powers conferred upon the undertaker pursuant to this Order.

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

• (3) If in accordance with the provisions of this Part of this Schedule NGED requires that alternative apparatus of better type, greater capacity, greater dimensions or at a greater depth is necessary in substitution for existing apparatus which for NGED’s network requirements is over and above what is necessary as a consequence of and for the purpose of the authorised development, NGED shall reduce the cost of such additional requirements from the amount payable by the undertaker pursuant to sub-paragraph (1).

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

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

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

• (5) An amount which apart from this sub-paragraph would be payable to NGED in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on NGED any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

Liability

82

• (1) Subject to sub-paragraph (2), if by reason or in consequence of the construction of any specified work or any subsidence resulting from any of those works any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of NGED the undertaker is to—

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

• (b) reimburse NGED for any other expenses, loss, damages, penalty or costs reasonably and properly incurred by NGED by reason or in consequence of any such damage or interruption.

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

• (3) NGED must give the undertaker reasonable notice of any third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.

• (4) NGED must act reasonably in relation to any claim or demand served under sub-paragraph (1) and use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands and penalties to which a claim or demand under sub-paragraph (1) applies.

• (5) NGED’s liability to the undertaker for negligence or breach of contract, in respect of each diversion, shall be limited to the value of that diversion and NGED shall not otherwise be liable to the undertaker for any losses or costs incurred by the undertaker resulting from delays to the authorised development as a result of its failure to undertake works to deliver any alternative apparatus.

Expert determination

83

• (1) Article 56 (arbitration) shall apply to any difference as to the legal interpretation of this Part of this Schedule and as provided for in sub-paragraph (7).

• (2) Save as provided for in sub–paragraph (1) or sub–paragraph (7), any difference under this Part of this Schedule must be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers, the President of the Institution of RICS or the President of the Institution of Engineering and Technology (as relevant and agreed between NGED and the undertaker, both acting reasonably and without delay).

• (3) All parties involved in settling any difference must use best endeavours to do so within 14 days from the date of a dispute first being notified in writing by one party to the other and, in the absence of the difference being settled within that period, the expert must be appointed within 21 days of the notification of the dispute.

• (4) The costs and fees of the expert and the costs of NGED and the undertaker are payable by the parties in such proportions as the expert may determine. In the absence of such determination, the costs and fees of the expert are payable equally by the parties who shall each bear their own costs.

• (5) The expert must—

• (a) invite the parties to make submission to the expert in writing and copied to the other party to be received by the expert within 14 days of the expert’s appointment;

• (b) permit a party to comment on the submissions made by the other party within 7 days of receipt of the submission;

• (c) issue a decision within 14 days of receipt of the submissions under paragraph (b); and

• (d) give reasons for the decision.

• (6) The expert must consider, where relevant—

• (a) the development outcome sought by the undertaker;

• (b) the ability of the undertaker to achieve its outcome in a timely and cost-effective manner;

• (c) the nature of the power sought to be exercised by the undertaker;

• (d) the effectiveness, cost and reasonableness of proposals for mitigation arising from any party;

• (e) NGED’s service obligations and licence conditions; and

• (f) any other important and relevant consideration.

• (7) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 56.

SCHEDULE 10 — DOCUMENTS TO BE CERTIFIED

(1) Document	(2) Document reference	(3) Revision
Agricultural Land Plan – Regulation 5(2)(i)	TR010065/EXAM/7.71	1
Archaeological Management Plan – Regulation 5(2)(a)	TR010065/APP/6.8	3
Bat Box Specification – Regulation 5(2)(q)	TR010065/EXAM/7.70	1
Barn Owl Nest Box Specification – Regulation 5(2)(q)	TR010065/EXAM/7.69	1
Book of Reference – Regulation 5(2)(d)	TR010065/APP/4.3	7
Classification of Roads Plans – Regulation 5(2)(o)	TR010065/APP/2.9
Crown Land Plans – Regulation 5(2)(n)	TR010065/APP/2.11
Engineering Plans and Sections – Regulation 5(2)(o) and 6(2)	TR010065/APP/2.6
Environmental Masterplan – Regulation 5(2)(a)	Figure 2.3 in TR010065/APP/6.2	2
Environmental Statement – Regulation 5(2)(a)	TR010065/APP/6.1-6.3	2
First Iteration Environmental Management Plan – Regulation 5(2)(a)	TR010065/APP/6.5	6
Flood Risk Assessment – Regulation 5(2)(e)	Appendix 13.2 in TR010065/APP/6.3	3
Land Plans – Regulation 5(2)(i)	TR010065/APP/2.2	3
Outline Traffic Management Plan – Regulation 5(2)(q)	TR010065/APP/7.7	7
Pre-commencement Plan – Regulation 5(2)(q)	TR010065/APP/6.9	5
Streets, Rights of Way and Access Plans – Regulation 5(2)(k)	TR010065/APP/2.4	2
Traffic Regulation Measures Plans – Regulation 5(2)(o)	TR010065/APP/2.7
Tree Protection Plans – Regulation 5(2)(o)	TR010065/APP/2.13
Utilities Works Plans – Regulation 5(2)(o)	TR010065/APP/2.10
Works Plans – Regulation 5(2)(j)	TR010065/APP/2.3	2
Permanent Speed Limit Plans – Regulation 5(2)(o)	TR010065/APP/2.8
Design Principles – Regulation 5(2)(q)	Annex A of TR010065/APP/7.5	3
Special Category Land Plans – Regulation 5(2)(i)(iv)	TR010065/APP/2.12	2

Signed

Signed by authority of the Secretary of State for Transport

Kayla Marks — Head of the Transport and Works Act Orders Unit — Department for Transport — 1st October 2025

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises National Highways Limited to undertake works to widen 6.5km of the existing single carriageway to create a dual carriageway providing two lanes in each direction between Farndon and Winthorpe roundabouts near Newark-on-Trent and carry out all associated works.

The Order permits National Highways Limited to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

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

A copy of the plans, engineering plans and sections, book of reference and environmental statement mentioned in this Order and certified in accordance with article 54 (certification of documents, etc.) may be inspected free of charge during working hours at National Highways, 2 Colmore Square, Birmingham B4 6BN.

Footnotes

[^f00001]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264 amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378, S.I. 2019/734, S.I. 2020/764, S.I. 2020/1534, S.I. 2021/978, S.I. 2022/634, S.I. 2023/1071 and S.I. 2024/332.

[^f00003]: S.I. 2010/103, amended by S.I. 2012/635 and S.I. 2024/317.

[^f00004]: Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00005]: Section 115 was amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011 and section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

[^f00006]: Section 117 was amended by paragraph 58 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

[^f00007]: Section 120 was amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00008]: Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00009]: Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00010]: Section 127 was amended by paragraph 64(2) of Schedule 13 to the Localism Act 2011 and section 23(2) of the Growth and Infrastructure Act 2013 (c. 27).

[^f00011]: Section 131 was amended by section 24(2) of the Growth and Infrastructure Act 2013.

[^f00012]: Section 132 was amended by section 24(3) of the Growth and Infrastructure Act 2013.

[^f00013]: Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013.

[^f00014]: 1961 c. 33.

[^f00015]: 1965 c. 56.

[^f00016]: 1980 c. 66.

[^f00017]: 1981 c. 66.

[^f00018]: 1984 c. 27.

[^f00019]: 1990 c. 8.

[^f00020]: 1991 c. 22.

[^f00021]: 2004 c. 18.

[^f00022]: 2008 c. 29.

[^f00023]: The definition of “cycle track” in section 329(1) of the 1980 Act was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00024]: 2003 c. 21. Section 32(1) was amended by S.I. 2011/1210.

[^f00025]: 1995 c. 25.

[^f00026]: 1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.

[^f00027]: The definition of “road” in section 142(1) was substituted by paragraph 78(4) of Part 2 of Schedule 8 to the New Roads and Street Works Act 1991 (c. 22).

[^f00028]: Section 48 was amended by section 124(2) of the Local Transport Act 2008 (c. 26).

[^f00029]: Section 49 was amended by paragraph 117 of Schedule 1 to the Infrastructure Act 2015.

[^f00030]: Section 121A was inserted by section 168(1) of, and paragraph 70 of Schedule 8 to, the New Roads and Street Works Act 1991, and amended by paragraph 95(2) and (3) of Schedule 1 to the Infrastructure Act 2015 and S.I. 2001/1400.

[^f00031]: Section 10 was amended by section 22(2) of the New Roads and Street Works Act 1991, by section 36 of, and paragraph 22 of Schedule 2 to, the Planning Act 2008, and by section 1 of, and paragraph 10 of Schedule 1 to, the Infrastructure Act 2015.

[^f00032]: Section 19(1) was amended by paragraph 15 of Schedule 1 to, the Infrastructure Act 2015.

[^f00033]: 2017 c. 20.

[^f00034]: S.I. 1997/1160, there are amendments to regulation 6 but none are relevant to this Order.

[^f00035]: 1991 c. 59. Section 32 was amended by S.I. 2013/755.

[^f00036]: The definition of “drainage” was substituted by section 100(2) of the Environment Act 1995 (c. 25).

[^f00037]: S.I. 2015/596.

[^f00038]: Section 64 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the New Roads and Street Works Act 1991.

[^f00039]: Section 184 was amended by sections 35 and 46 of the Criminal Justice Act 1982 (c. 48); by section 4 of, and paragraph 45(11) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11); and paragraph 9 of Schedule 8 to the New Roads and Street Works Act 1991.

[^f00040]: Section 56 was amended by sections 40 and 43 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00041]: Section 56A was inserted by section 44 of the Traffic Management Act 2004.

[^f00042]: Section 58 was amended by sections 40 and 51 of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00043]: Section 58A was inserted by section 52(1) of the Traffic Management Act 2004.

[^f00044]: Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004.

[^f00045]: Section 54 was amended by section 49(1) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00046]: Section 55 was amended by sections 40(1) and (2), 49(2) and 51(9) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00047]: Section 57 was amended by sections 40(1) and (2) and 52(3) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00048]: Section 59 was amended by section 42 of the Traffic Management Act 2004.

[^f00049]: Section 60 was amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00050]: Section 68 was amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00051]: Section 69 was amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00052]: Section 75 was substituted by section 58(2) of the Traffic Management Act 2004.

[^f00053]: Section 10(2) was amended by section 22(2)(a) of Part 1 of the New Roads and Street Works Act 1991, and by section 1(6) and paragraph 10(2) of Schedule 1 to, the Infrastructure Act 2015.

[^f00054]: Section 82(2)(a) was amended by paragraph 59(3) of Part 2 of Schedule 8 to the New Roads and Street Works Act 1991.

[^f00055]: S.I. 2011/935.

[^f00056]: S.I. 2016/362, amended by S.I. 2017/1011, S.I. 2017/1086, S.I. 2018/161, S.I. 2020/663, S.I. 2021/75, S.I. 2022/111 and S.I. 2023/783.

[^f00057]: 2003 c. 21. Schedule 3A was inserted by section 4(2) of, and Schedule 1 to, the Digital Economy Act 2017 (c. 30).

[^f00058]: 1991 c. 56.

[^f00059]: S.I. 2012/936, amended by S.I. 2013/3108 and S.I. 2015/643.

[^f00060]: S.I. 2000/683.

[^f00061]: Section 32 was amended by section 102(2) of, and Schedule 17 to, the Local Government Act 1985 (c. 51), and paragraph 39 of Part 2 of Schedule 8 to the New Roads and Street Works Act 1991.

[^f00062]: 1991 c. 56. Section 106 was amended by section 35(1) and (8), 43(2) and 56(7) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00063]: S.I. 2016/1154, amended by S.I. 2018/110.

[^f00064]: 1991 c. 57.

[^f00065]: 1991 c. 23. Section 66 was amended by paragraph 38 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29), paragraphs 14(2) and 14(3) of Schedule 2 to the Local Government Byelaws (Wales) Act 2012 (anaw 2), and section 86(3) of Part 5 to the Water Act 2014 (c. 21).

[^f00066]: Section 152 was amended by S.I. 2009/1307.

[^f00067]: Section 13 was amended by sections 139 and 148 of, and paragraph 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00068]: Section 125 was amended by section 216(3) of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

[^f00069]: 1981 c. 67.

[^f00070]: Section 4 was amended by section 184 and 185 of, and paragraph 2 of Part 1 of Schedule 18 to, the Housing and Planning Act 2016.

[^f00071]: Section 8 was amended by paragraphs 1 and 2 of Schedule 17 to the Housing and Planning Act 2016 and by S.I. 2009/1307.

[^f00072]: Schedule 2A was inserted by paragraphs 1 and 3 of Part 1 of Schedule 17 to the Housing and Planning Act 2016.

[^f00073]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981; section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1); sections 186(1) and (2), 187 and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016; and S.I. 2009/1307.

[^f00074]: Section 152 was amended by S.I. 2009/1307.

[^f00075]: Section 138 was amended by section 23(1) and (4) of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.

[^f00076]: Section 10 was amended by section 4 of, and paragraph 13(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

[^f00077]: Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016.

[^f00078]: Section 4A was inserted by section 202(1) of the Housing and Planning Act 2016 and subsection (1) was amended by section 185(2)(b) of the Levelling-up and Regeneration Act 2023 (c. 55).

[^f00079]: Section 118 was amended by paragraphs 1 and 59(2) of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011 and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).

[^f00080]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00081]: Section 5 was amended by paragraphs 4 and 6 of Schedule 15 to the Housing and Planning Act 2016.

[^f00082]: Section 5A was inserted by section 182(2) of Part 7 to the Housing and Planning Act 2016 and amended by section 185(3)(a) of the Levelling-up and Regeneration Act 2023.

[^f00083]: Section 5B was inserted by section 202(2) of Part 7 to the Housing and Planning Act 2016 and amended by section 185(3)(b) of the Levelling-up and Regeneration Act 2023.

[^f00084]: Section 6 was amended by section 4 of, and paragraph 52(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.

[^f00085]: Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 and S.I. 2017/16.

[^f00086]: Section 7(1) was substituted by paragraphs 1 and 3 of Schedule 18 to the Housing and Planning Act 2016 and amended by section 186(2) of the Levelling-up and Regeneration Act 2023.

[^f00087]: Schedule A1 was inserted by paragraph 6 of Part 1 of Schedule 18 to the Housing and Planning Act 2016.

[^f00088]: Section 125 was amended by section 216(3) of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016.

[^f00089]: Section 153(4A) was inserted by section 200(1) and (2) of the Housing and Planning Act 2016.

[^f00090]: Section 152 was amended by S.I. 2009/1307.

[^f00091]: Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00092]: 2003 c. 21. Section 151 was amended by S.I. 2011/1210.

[^f00095]: S.I. 1997/1160, amended by S.I. 2003/2155, S.I. 2009/1307, S.I. 2013/755, S.I. 2015/377 and S.I. 2015/1997.

[^f00096]: Section 206(1) was amended by paragraph 11 of Schedule 8 to the Planning Act 2008.

[^f00097]: 1990 c. 9.

[^f00098]: Section 212 was amended by paragraph 15 of Schedule 8 and Schedule 13 to the Planning Act 2008.

[^f00099]: Section 213 was amended by paragraph 16 of Schedule 8 to the Planning Act 2008.

[^f00100]: Section 211(1A) was inserted by paragraph 36(2) of Schedule 2 to the Planning Act 2008.

[^f00101]: 1990 c. 43. There are amendments to this section 82(1) which are not relevant to this Order.

[^f00102]: Section 79(1) was amended by section 2(1) and (2) of the Noise and Statutory Nuisance Act 1993 (c. 40); sections 107 and 120(1) of, and paragraph 2(1) of Schedule 17 and paragraph 89 of Schedule 22 to, the Environment Act 1995 (c. 25); and section 102(1) and (2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16).

[^f00103]: Section 82(2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993.

[^f00104]: 1974 c. 40. Section 61 was amended by section 133(2) of, and Schedule 7 to, the Building Act 1984 (c. 55); section 162(1) of, and paragraph 15(1) and (3) of Schedule 15 to, the Environmental Protection Act 1990; and section 120(3) of, and Schedule 24 to, the Environment Act 1995. There are other amendments to section 61 that are not relevant to this Order.

[^f00105]: 1857 c. 81. Section 25 was substituted by section 2 of the Church of England (Miscellaneous Provisions) Measure 2014 (No. 1).