PART 5E+W+SFor the protection of Associated British Ports
44. In this Part of this Schedule—E+W+S
“accumulation” means any accumulation of silt or other material which constitutes an impediment to navigation
“construction” includes execution and placing, maintenance, extension, enlargement, alteration, replacement, relaying, and removal, (including for the avoidance of doubt the removal of the electrical circuits comprised in Work No. 6), and “construct” and “constructed” are to be construed accordingly;
“erosion” means any erosion of the bed or banks of the river Humber or of any jetty or other structure of whatever nature;
“plans” includes sections, descriptions, drawings and specifications; and
“specified work” means so much of Work No. 6 and any associated development or ancillary works as are within A. B. Port’s jurisdiction.
Commencement Information
I1Sch. 12 para. 44 in force at 31.12.2014, see art. 1
45. For the protection of A. B. Ports the following provisions have effect unless otherwise agreed in writing between the undertaker and A. B. Ports.E+W+S
Commencement Information
I2Sch. 12 para. 45 in force at 31.12.2014, see art. 1
46. The undertaker must not under the powers of this Order acquire land or acquire new rights over land held by A. B. Ports for the purpose of its statutory undertaking without the consent of A. B. Ports, which consent must not be unreasonably withheld but may be given subject to reasonable conditions.E+W+S
Commencement Information
I3Sch. 12 para. 46 in force at 31.12.2014, see art. 1
47.—(1) Before commencing the construction of the specified works the undertaker must furnish to A. B. Ports for its approval, which it must not unreasonably withhold, plans of the work showing the general mode of construction, depth and method of trenching and possible cable protection; and such works—E+W+S
(a)must not be constructed otherwise than in accordance with such plans as may be approved by A. B. Ports; and
(b)are to be executed to the reasonable satisfaction of A. B. Ports.
(2) When submitting plans in respect of the specified works to the Secretary of State pursuant to article 39 (certification of plans etc), the undertaker must—
(a)send a copy of those plans to A. B. Ports; and
(b)on receipt of approval of plans or of any conditions or restrictions imposed by the Secretary of State, send a copy to A. B. Ports.
(3) If A. B. Ports fails to express its disapproval of any plans within 56 days after they have been delivered to it under sub-paragraph (1), it is deemed to have approved them.
Commencement Information
I4Sch. 12 para. 47 in force at 31.12.2014, see art. 1
48. The undertaker must give to A. B. Ports not less than 14 days’ written notice of its intention to commence the construction of the specified works and, not more than 14 days after completion of such construction, must give to A. B. Ports written notice of such completion.E+W+S
Commencement Information
I5Sch. 12 para. 48 in force at 31.12.2014, see art. 1
49. The undertaker must at all reasonable times during construction of the specified works and thereafter allow A. B. Ports, its servants and agents, access to such work and all reasonable facilities for inspection of any such work.E+W+S
Commencement Information
I6Sch. 12 para. 49 in force at 31.12.2014, see art. 1
50.—(1) After the purpose of any temporary works has been accomplished the undertaker must with all reasonable dispatch, or after a reasonable period of notice in writing from A. B. Ports requiring the undertaker so to do, remove any such temporary works or any materials relating thereto which may have been placed below the level of high water by or on behalf of the undertaker.E+W+S
(2) If the undertaker fails to do so within a reasonable period after receiving such notice, A. B. Ports may remove the same and may recover the reasonable costs of doing so from the undertaker.
Commencement Information
I7Sch. 12 para. 50 in force at 31.12.2014, see art. 1
51.—(1) If during the construction of the specified works it is agreed, or in the absence of agreement it is proved to the satisfaction of an arbitrator appointed under article 41 (arbitration), that any accumulation or erosion has been caused wholly or partly by the construction of the specified works, the undertaker, if so requested by A. B. Ports acting reasonably, must remedy such accumulation or erosion to the extent attributable to such construction or exercise of powers.E+W+S
(2) If the undertaker refuses or fails to do so, A. B. Ports may itself cause the work to be done and may recover the reasonable cost of doing so from the undertaker.
Commencement Information
I8Sch. 12 para. 51 in force at 31.12.2014, see art. 1
52. The undertaker must pay to A. B. Ports the reasonable costs of such alterations to the marking and lighting of the navigational channel of the river as may be necessary during or in consequence of the construction of the specified works.E+W+S
Commencement Information
I9Sch. 12 para. 52 in force at 31.12.2014, see art. 1
53.—(1) Without prejudice to the other provisions of this Part of this Schedule, the undertaker is to be responsible for, and make good to A. B. Ports, all losses, costs, charges, damages and expenses however caused (including a reasonable and proper proportion of the overhead charges of A. B. Ports) which may reasonably be incurred by or occasioned to A. B. Ports by reason of or arising from or in connection with—E+W+S
(a)the perusal of plans and the inspection of the specified works by A. B. Ports or its duly authorised representative;
(b)the construction or failure of the specified works, or the undertaking by A. B. Ports of works or measures to prevent or remedy danger or impediment to navigation or damage to any property of A. B. Ports arising from such construction or failure;
(c)any act or omission of the undertaker or their servants or agents whilst engaged in the construction of any of the specified works.
(2) Without prejudice to the generality of sub-paragraph (1), the undertaker must indemnify A. B. Ports from and against all claims and demands arising out of, or in connection with, such construction, or failure or act or omission as is mentioned in that sub-paragraph.
(3) Nothing in this paragraph imposes any liability on the undertaker to the extent that any losses, costs, charges, damages, expenses, claims or demands referred to in sub-paragraph (1) or (2) are attributable to negligence on the part of A. B. Ports or of any person in its employ or of its contractors or agents.
(4) A. B. Ports must give to the undertaker notice in writing of any claim or demand for which the undertaker may be liable under this paragraph and no settlement or compromise of any such claim or demand may be made without the consent in writing of the undertaker.
Commencement Information
I10Sch. 12 para. 53 in force at 31.12.2014, see art. 1
54. The fact that any work or thing has been executed or done with the consent of A. B. Ports and in accordance with any conditions or restrictions prescribed by A. B. Ports or in accordance with any plans approved or deemed to be approved by A. B. Ports or to its satisfaction or in accordance with any directions or award of any arbitrator or in accordance with any plans approved by the Secretary of State and any conditions or restrictions imposed by him, does not relieve the undertaker from any liability under the provisions of this Part of this Schedule.E+W+S
Commencement Information
I11Sch. 12 para. 54 in force at 31.12.2014, see art. 1
55. With the exception of any duty owed by A. B. Ports to the undertaker expressly provided for in the foregoing provisions of this Part of this Schedule, nothing in this Order is to be construed as imposing upon A. B. Ports, either directly or indirectly, any form of duty or liability to which A. B. Ports would not otherwise be subject which is enforceable by proceedings before any court.E+W+S
Commencement Information
I12Sch. 12 para. 55 in force at 31.12.2014, see art. 1
56. Nothing in this Order affects prejudicially any statutory or other rights, powers or privileges vested in, or enjoyed by, A. B. Ports at the commencement of this Order or any title of A. B. Ports in, to or over any lands or foreshore held or acquired by it.E+W+S
Commencement Information
I13Sch. 12 para. 56 in force at 31.12.2014, see art. 1