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The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014

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  • Sch. 16 Pt. 4 Section 1 para. 3A inserted by S.I. 2015/723 Sch. Table 5
  • Sch. 16 Pt. 4 Section 2 para. 3A inserted by S.I. 2015/723 Sch. Table 6
  • Sch. 16 Pt. 4 Section 3 para. 3A inserted by S.I. 2015/723 Sch. Table 7
  • Sch. 16 Pt. 4 Section 4 para. 2(4) omitted by S.I. 2015/723 Sch. Table 8
  • Sch. 16 Pt. 4 Section 1 para. 3(1) words omitted by S.I. 2015/723 Sch. Table 5
  • Sch. 16 Pt. 4 Section 4 para. 2(1) words substituted by S.I. 2015/723 Sch. Table 8
  • Sch. 16 Pt. 4 Section 1 para. 3(1) words substituted by S.I. 2015/723 Sch. Table 5
  • Sch. 16 Pt. 4 Section 2 para. 3(1) words substituted by S.I. 2015/723 Sch. Table 6
  • Sch. 16 Pt. 4 Section 3 para. 3(1) words substituted by S.I. 2015/723 Sch. Table 7
  • Sch. 16 Pt. 4 Section 1 para. 3(2) words substituted by S.I. 2015/723 Sch. Table 5
  • Sch. 16 Pt. 4 Section 2 para. 3(2) words substituted by S.I. 2015/723 Sch. Table 6
  • Sch. 16 Pt. 4 Section 3 para. 3(2) words substituted by S.I. 2015/723 Sch. Table 7
  • Sch. 16 Pt. 2 para. 3 words inserted by S.I. 2015/723 Sch. Table 4
  • Sch. 16 Pt. 6 para. 2 words inserted by S.I. 2017/1011 Sch. 4 para. 42(3)(a)(iii) (This amendment comes into force on the day on which section 4 of, and Schedule 1 to, the Digital Economy Act 2017 come fully into force. S.I. 2017/1286, reg. 2 brought those provisions fully into force on 28.12.2017)
  • Sch. 16 Pt. 6 para. 2(a) words omitted by S.I. 2017/1011 Sch. 4 para. 42(3)(a)(i) (This amendment comes into force on the day on which section 4 of, and Schedule 1 to, the Digital Economy Act 2017 come fully into force. S.I. 2017/1286, reg. 2 brought those provisions fully into force on 28.12.2017)
  • Sch. 16 Pt. 6 para. 2 words substituted by S.I. 2017/1011 Sch. 4 para. 42(3)(a)(ii) (This amendment comes into force on the day on which section 4 of, and Schedule 1 to, the Digital Economy Act 2017 come fully into force. S.I. 2017/1286, reg. 2 brought those provisions fully into force on 28.12.2017)
  • Sch. 16 Pt. 6 para. 3 words substituted by S.I. 2017/1011 Sch. 4 para. 42(3)(b) (This amendment comes into force on the day on which section 4 of, and Schedule 1 to, the Digital Economy Act 2017 come fully into force. S.I. 2017/1286, reg. 2 brought those provisions fully into force on 28.12.2017)
  • Sch. 16 Pt. 6 para. 5(1) words substituted by S.I. 2017/1011 Sch. 4 para. 42(3)(c) (This amendment comes into force on the day on which section 4 of, and Schedule 1 to, the Digital Economy Act 2017 come fully into force. S.I. 2017/1286, reg. 2 brought those provisions fully into force on 28.12.2017)
  • art. 10(4A) inserted by S.I. 2015/723 Sch. Table 2
  • art. 11(5A) inserted by S.I. 2015/723 Sch. Table 2
  • art. 16(2A) inserted by S.I. 2015/723 Sch. Table 2

  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and Commencement

    2. 2.Interpretation

  3. PART 2 WORKS PROVISIONS

    1. Principal powers

      1. 3.Development consent etc. granted by the Order

      2. 4.Authorisation of use

      3. 5.Maintenance of authorised project

      4. 6.Limits of Deviation

      5. 7.Defence to proceedings in respect of statutory nuisance

    2. Benefit of order

      1. 8.Benefit of Order

      2. 9.Transfer of benefit of Order

    3. Streets and traffic regulations

      1. 10.Street works

      2. 11.Power to alter layout, etc., of streets

      3. 12.Construction and maintenance of altered streets

      4. 13.Stopping up of streets

      5. 14.Public rights of way and permissive paths

      6. 15.Temporary stopping up

      7. 16.Access to works

      8. 17.Agreements with street authorities

      9. 18.Traffic regulation

    4. Supplemental powers

      1. 19.Discharge of water

      2. 20.Protective works to buildings and structures

      3. 21.Remedial works to buildings, or apparatus or equipment

      4. 22. Authority to survey and investigate the land

      5. 23.Removal of human remains

      6. 24.Cemex

      7. 25.Felling or lopping of trees

      8. 26.Trees subject to tree preservation orders

      9. 27.Trees in conservation areas

  4. PART 3 ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 28.Compulsory acquisition of land

      2. 29.Compulsory acquisition of rights

      3. 30.Acquisition of subsoil only

      4. 31.Acquisition of land limited to subsoil lying more than 9 metres beneath surface

      5. 32.Power to override easements and other rights

      6. 33.Statutory authority to override easements and other rights

      7. 34.Application of the Compulsory Purchase (Vesting Declarations) Act 1981

    2. Temporary possession of land

      1. 35.Temporary use of land for carrying out the authorised project

      2. 36.Temporary use of land for maintaining authorised project

    3. Compensation

      1. 37.Disregard of certain interests and improvements

      2. 38.Set-off for enhancement in value of retained land

      3. 39.No double recovery

      4. 40.Compulsory acquisition of land – incorporation of the mineral code

    4. Supplementary

      1. 41.Acquisition of part of certain properties

      2. 42.Statutory undertakers

      3. 43.Apparatus and rights of statutory undertakers in stopped-up streets

      4. 44.Recovery of costs of new connections

      5. 45.Time limit for exercise of authority to acquire land compulsorily

      6. 46.Private rights of way

      7. 47.Public rights of navigation

      8. 48.Rights under or over streets and city walkways

  5. PART 4 MISCELLANEOUS AND GENERAL

    1. 49.Application of landlord and tenant law

    2. 50.Deemed marine licence

    3. 51.Miscellaneous provisions relating to the 1990 Act

    4. 52.Safeguarding

    5. 53.Provisions for protection of specified undertakers

    6. 54.Discharge of requirements etc.

    7. 55.Removal of consent requirements

    8. 56.Application, disapplication and modification of legislative provisions

    9. 57.Amendment of local legislation

    10. 58.Application of pipe subways legislation

    11. 59.Other legislation in the City of London

    12. 60.Unilateral undertaking – Project-wide matters

    13. 61.Certification of plans etc

    14. 62.Meaning of Secretary of State

    15. 63.Arbitration

  6. Signature

  7. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED PROJECT

      1. PART 1 AUTHORISED DEVELOPMENT

      2. PART 2 ANCILLARY WORKS

    2. SCHEDULE 2

      PLANS

      1. PART 1 WORKS PLANS

      2. PART 2 LAND PLANS

      3. PART 3 ACCESS PLANS

      4. PART 4 APPROVED PLANS

    3. SCHEDULE 3

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Project-wide requirements

      3. 3.Acton Storm Tanks

      4. 4.Hammersmith Pumping Station

      5. 5.Barn Elms

      6. 6.Putney Embankment Foreshore

      7. 7.Carnwath Road Riverside

      8. 8.Dormay Street

      9. 9.King George’s Park

      10. 10.Falconbrook Pumping Station

      11. 11.Cremorne Wharf Depot

      12. 12.Chelsea Embankment Foreshore

      13. 13.Kirtling Street

      14. 14.Heathwall Pumping Station

      15. 15.Albert Embankment Foreshore

      16. 16.Victoria Embankment Foreshore

      17. 17.Blackfriars Bridge Foreshore

      18. 18.Shad Thames Pumping Station

      19. 19.Chambers Wharf

      20. 20.Earl Pumping Station

      21. 21.Deptford Church Street

      22. 22.Greenwich Pumping Station

      23. 23.King Edward Memorial Park Foreshore

      24. 24.Bekesbourne Street

      25. 25.Abbey Mills Pumping Station

      26. 26.Beckton Sewage Treatment Works

    4. SCHEDULE 4

      STREETS SUBJECT TO STREET WORKS

    5. SCHEDULE 5

      STREETS SUBJECT TO ALTERATION OF LAYOUT

    6. SCHEDULE 6

      STREETS TO BE STOPPED UP

    7. SCHEDULE 7

      PUBLIC RIGHTS OF WAY AND PERMISSIVE PATHS TO BE EXTINGUISHED

    8. SCHEDULE 8

      STREETS AND RIGHTS OF WAY ETC. TO BE TEMPORARILY STOPPED UP

    9. SCHEDULE 9

      ACCESS TO WORKS

    10. SCHEDULE 10

      TRAFFIC REGULATION

      1. PART 1 TEMPORARY

      2. PART 2 PERMANENT

    11. SCHEDULE 11

      PROTECTIVE WORKS

    12. SCHEDULE 12

      PUBLIC RIGHTS OF NAVIGATION TO BE AFFECTED BY THE AUTHORISED PROJECT

    13. SCHEDULE 13

      LAND OF WHICH ONLY SUBSOIL MORE THAN 9 METRES BENEATH THE SURFACE MAY BE ACQUIRED

    14. SCHEDULE 14

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    15. SCHEDULE 15

      DEEMED MARINE LICENCE

      1. PART 1 GENERAL

        1. 1.Interpretation

        2. 2.Contacts

        3. 3.Details of Licensed Marine Activities

      2. PART 2 CONDITIONS APPLYING TO CONSTRUCTION ACTIVITIES

        1. NOTIFICATIONS AND INSPECTIONS

          1. 4.Notice of Transfer of Benefit

          2. 5.Notification of person responsible for the carrying out of licensed activity

          3. 6.The licence holder shall inform the MMO in writing of...

          4. 7.Prior Approval of Licensed Activities

          5. 8.Scour and Accretion Monitoring and Mitigation

          6. 9.Construction Environment Management Plan

          7. 10.Concrete and Cement

          8. 11.Coatings and Treatments

          9. 12.Spills etc.

          10. 13.Percussive Piling

          11. 14.Agents, Contractors and Sub-Contractors

          12. 15.Vessels

          13. 16.Notice of Completion of Licensed Activity

          14. 17.Changes to this Licence

      3. PART 3 PROCEDURE FOR THE DISCHARGE OF CONDITIONS

        1. 18.Meaning of “application”

        2. 19.Further information regarding application

        3. 20.Determination of application

        4. 21.Notice of Determination

        5. 22.Arbitration

    16. SCHEDULE 16

      PROVISIONS FOR PROTECTION OF SPECIFIED UNDERTAKERS

      1. PART 1 ELECTRICITY AND GAS UNDERTAKERS

        1. SECTION 1 National Grid electricity and gas

          1. 1.Application

          2. 2.Interpretation

          3. 3.Except for paragraphs 4 (Apparatus of undertakers in stopped up...

          4. 4.Apparatus of Undertakers in stopped up streets

          5. 5.Protective works to buildings

          6. 6.Acquisition of land

          7. 7.Removal of apparatus

          8. 8.Approval of plans for Alternative Apparatus

          9. 9.Facilities and rights for alternative apparatus

          10. 10.Retained apparatus: protection Gas Undertakers

          11. 11.Retained apparatus: Protection: Electricity Undertakers

          12. 12.Expenses

          13. 13.Indemnity

          14. 14.Ground subsidence monitoring scheme in respect of Undertaker’s apparatus

          15. 15.Enactments and agreements

          16. 16.Co-operation

          17. 17.Access

          18. 18.Arbitration

        2. SECTION 2

          1. London Power Networks plc

            1. 1.Application

            2. 2.Interpretation

            3. 3.This part of this Schedule does not apply to apparatus...

            4. 4.Temporarily stopped up streets

            5. 5.Protective works to buildings

            6. 6.Acquisition of land

            7. 7.Removal of apparatus

            8. 8.Facilities and rights for alternative apparatus

            9. 9.Retained apparatus— protection

            10. 10.Expenses

            11. 11.Compensation

            12. 12.Enactments and agreements

            13. 13.Co-operation

            14. 14.Access

            15. 15.Arbitration

        3. SECTION 3 Other electricity undertakers

          1. 1.Application

          2. 2.Interpretation

          3. 3.This part of this Schedule does not apply to apparatus...

          4. 4.Temporarily stopped up streets

          5. 5.Protective works to buildings

          6. 6.Removal of apparatus

          7. 7.Facilities and rights for alternative apparatus

          8. 8.Retained apparatus— protection

          9. 9.Expenses

          10. 10.Enactments and agreements

          11. 11.Co-operation

          12. 12.Access

          13. 13.Arbitration

        4. SECTION 4

          1. Other gas undertakers

            1. 1.Application

            2. 2.Interpretation

            3. 3.This part of this Schedule does not apply to apparatus...

            4. 4.Temporarily stopped up streets

            5. 5.Protective works to buildings

            6. 6.Removal of apparatus

            7. 7.Facilities and rights for alternative apparatus

            8. 8.Retained apparatus— protection

            9. 9.Expenses

            10. 10.Enactments and agreements

            11. 11.Co-operation

            12. 12.Access

            13. 13.Arbitration

      2. PART 2 THE PORT OF LONDON AUTHORITY

        1. 1.The provisions of this Part of this Schedule shall, unless...

        2. 2.The construction or carrying out of any tidal work is...

        3. 3.Definitions

        4. 4.Time limits

        5. 5.Tidal works: approval of detailed design

        6. 6.Public rights of navigation

        7. 7.General provision as to construction of works including inspection

        8. 8.Works to river banks

        9. 9.Discharges etc.

        10. 10.Navigational lights, buoys, etc

        11. 11.Removal etc of the Authority’s moorings and buoys

        12. 12.Removal of temporary works

        13. 13.Survey of river bed

        14. 14.Sedimentation, etc: remedial action

        15. 15.Protective action

        16. 16.Obstruction in the river

        17. 17.Scour monitoring and mitigation

        18. 18.Abandoned or Decayed Works

        19. 19.Permanent works where land not acquired

        20. 20.Facilities for navigation

        21. 21.Indemnities, costs and exercise of DCO powers and compensation

        22. 22.Maintenance dredging

        23. 23.Notifications

        24. 24.Disputes

      3. PART 3 THE ENVIRONMENT AGENCY

        1. 1.The following provisions shall apply for the protection of the...

        2. 2.The requirement for consent under Section 109 of the Water...

        3. 3.Definitions

        4. 4.Structural integrity of flood defences

        5. 5.Approvals

        6. 6.Inspection and construction

        7. 7.Protection of drainage works and flood defences

        8. 8.Scour and accretion monitoring and mitigation

        9. 9.Maintenance of flood defences

        10. 10.Emergency Powers

        11. 11.Approval of Construction Environment Management Plan

        12. 12.Protection for Fish and Fisheries

        13. 13.Dispute Resolution

        14. 14.Indemnities and Costs

        15. 15.Notices

      4. PART 4 TRANSPORT FOR LONDON

        1. SECTION 1 Protection of TfL Railway Companies

          1. 1.The provisions of this Part of this Schedule shall have...

          2. 2.In this Part of this Schedule— “approval” in relation to...

          3. 3.(1) The undertaker shall not under the powers conferred by...

          4. 4.(1) The undertaker shall, before commencing the specified works, furnish...

          5. 5.(1) The undertaker shall give to the engineer not less...

          6. 6.Without prejudice to the generality of paragraphs 4 and 5...

          7. 7.The undertaker shall at all times afford reasonable facilities to...

          8. 8.During the construction of any part of the specified works...

          9. 9.(1) If any alterations or additions either permanent or temporary,...

          10. 10.The undertaker shall repay to any protected person all costs,...

          11. 11.(1) In this paragraph— “apparatus” means any lines, circuits, wires...

          12. 12.If at any time after the completion of a specified...

          13. 13.Any additional expenses which a protected person may reasonably incur...

          14. 14.Third party and other costs

          15. 15.Any difference arising between the undertaker and a protected person...

        2. SECTION 2 For the Protection of London River Services Limited

          1. 1.The provisions of this Part of this Schedule shall have...

          2. 2.In this Part of this Schedule— “approval” in relation to...

          3. 3.(1) The undertaker shall not under the powers conferred by...

          4. 4.(1) The undertaker shall, before commencing the specified works, furnish...

          5. 5.(1) The undertaker shall give to the engineer not less...

          6. 6.Without prejudice to the generality of paragraphs 4 and 5...

          7. 7.The undertaker shall at all times afford reasonable facilities to...

          8. 8.During the construction of any part of the specified works...

          9. 9.(1) If any alterations or additions either permanent or temporary,...

          10. 10.The undertaker shall repay to LRSL all costs, charges and...

          11. 11.If at any time after the completion of a specified...

          12. 12.Any additional expenses which a LRSL may reasonably incur in...

          13. 13.(1) The undertaker shall be responsible for, and make good...

          14. 14.Any difference arising between the undertaker and LRSL under this...

        3. SECTION 3 Protection for Highways Structures

          1. 1.The provisions of this Part of this Schedule shall have...

          2. 2.In this Part of this Schedule— “approval” in relation to...

          3. 3.(1) The undertaker shall not in the exercise of the...

          4. 4.(1) The undertaker shall, before commencing the specified works, furnish...

          5. 5.(1) The undertaker shall give to the engineer not less...

          6. 6.Without prejudice to the generality of paragraphs 4 and 5...

          7. 7.The undertaker shall at all times afford reasonable facilities to...

          8. 8.During the construction of any part of the specified works...

          9. 9.(1) If any alterations or additions either permanent or temporary,...

          10. 10.The undertaker shall repay to TfL all costs, charges and...

          11. 11.If at any time after the completion of a specified...

          12. 12.Any additional expenses which TfL may reasonably incur in altering,...

          13. 13.(1) The undertaker shall be responsible for and make good...

          14. 14.Any difference arising between the undertaker and TfL under this...

        4. SECTION 4 Protection for Highways and Traffic

          1. 1.The provisions of this Part of this Schedule shall have...

          2. 2.(1) In this Part of this Schedule — “designated works”...

      5. PART 5 NETWORK RAIL

        1. 1.The following provisions of this Part of this Schedule shall...

        2. 2.In this Schedule— “asset protection agreement” means an agreement to...

        3. 3.(1) Where under this Part Network Rail is required to...

        4. 4.(1) The undertaker shall not exercise the powers conferred by...

        5. 5.(1) The undertaker shall before commencing construction of any specified...

        6. 6.(1) Any specified work and any protective works to he...

        7. 7.The undertaker shall— (a) at all times afford reasonable facilities...

        8. 8.Network Rail shall at all times afford reasonable facilities to...

        9. 9.(1) If any permanent or temporary alterations or additions to...

        10. 10.The undertaker shall repay to Network Rail all reasonable fees,...

        11. 11.If at any time after the completion of a specified...

        12. 12.The undertaker shall not provide any illumination or illuminated sign...

        13. 13.Any additional expenses which Network Rail may reasonably incur in...

        14. 14.(1) The undertaker shall pay to Network Rail all reasonable...

        15. 15.Network Rail shall, on receipt of a request from the...

        16. 16.In the assessment of any sums payable to Network Rail...

        17. 17.The undertaker and Network Rail may, subject in the case...

        18. 18.Nothing in this Order, or in any enactment incorporated with...

        19. 19.The undertaker shall give written notice to Network Rail if...

        20. 20.The undertaker shall no later than 28 days from the...

        21. 21.Notwithstanding article 54 (Discharge of requirements, etc) any difference or...

      6. PART 6 COMMUNICATIONS NETWORK OPERATORS

        1. 1.Effect

        2. 2.Interpretation

        3. 3.Electronic communications apparatus installed on, under or over any land

        4. 4.Enactments and agreements in respect of apparatus in the promoter’s land

        5. 5.Temporary and Permanent stopping up of streets forming part of the public maintainable highway

        6. 6.Indemnity

        7. 7.Arbitration

      7. PART 7 THE CITY OF LONDON CORPORATION

        1. 1.Application

        2. 2.Interpretation

        3. 3.Protective works

        4. 4.Remedial works

        5. 5.Inspection and monitoring

        6. 6.Damages, costs and indemnification

        7. 7.Dispute resolution

    17. SCHEDULE 17

      PROCEDURE FOR DISCHARGE OF REQUIREMENTS ETC. AND APPEALS

      1. 1.Applications made under requirements

      2. 2.Further information regarding requirements

      3. 3.Fees further to requirements

      4. 4.Appeals

    18. SCHEDULE 18

      REMOVAL OF CONSENT REQUIREMENTS

    19. SCHEDULE 19

      MISCELLANEOUS CONTROLS

      1. PART 1 PUBLIC GENERAL LEGISLATION

        1. 1.Introduction

        2. 2.Highways Act 1980

        3. 3.Building Act 1984

        4. 4.New Roads and Street Works Act 1991

        5. 5.Water Industry Act 1991

        6. 6.Party  Wall etc. Act 1996

        7. 7.Planning Act 2008 - Application of the 2010 Regulations (Community Infrastructure Levy)

        8. 8.Local Government (Miscellaneous Provisions) Act 1976

        9. 9.Town and Country Planning Act 1990

        10. 10.Coast Protection Act 1949

        11. 11.Flood and Water Management Act 2010

        12. 12.National Parks and Access to Countryside Act 1949

        13. 13.Control of Pollution Act 1974

      2. PART 2 LOCAL LEGISLATION

  8. Explanatory Note

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