Channel Tunnel Act 1987

Section 5.

SCHEDULE 1 U.K. The Scheduled Works

Part I, U.K. The Concessionaires’ Scheduled Works

In the district of Dover (town of Dover and parishes of Capel-le-Ferne and Hougham Without) and the district of Shepway (town of Folkestone and parishes of Hawkinge, Newington and Saltwood), in the county of Kent—

• Work No. 1—A railway (3225 metres in length), including a viaduct, commencing by a junction with Work No. 30 at a point 565 metres east of the northern end of the existing bridge carrying the B2065 over the railway between Ashford and Folkestone West, passing by means of the viaduct over the M20 at a point 155 metres north-west of the bridge carrying the bridleway from the A20 at Stone Farm, Newington, to Dibgate Camp and then over the A20 (Work No. 9A), continuing in an easterly direction and terminating at a point 85 metres west of a point on the road known as Castle Hill 170 metres north of its junction with the Castle Hill Roundabout:

• Work No. 2—A railway (5862 metres in length), commencing by a junction with Work No. 1 at its termination, diverging in a south-westerly direction from that work, then turning in a north-westerly direction to pass under that work in tunnel, then turning in a northerly and then in an easterly direction and terminating by a junction with Work No. 1 at its said termination:

• Work No. 3—A railway (1146 metres in length), commencing by a junction with Work No. 1 at its termination, passing under Castle Hill and terminating below a point 240 metres west of a point on Canterbury Road 620 metres from its junction with Churchill Avenue:

• Work No. 4—A railway (8400 metres in length), commencing by a junction with Work No. 3 at its termination, passing in a north-easterly direction under Sugarloaf Hill, then in an easterly and then in a south-easterly direction and terminating below a point on the line of the level of mean high water springs below Shakespeare Cliff 580 metres east of the western portal of the Shakespeare Tunnel of the Railways Board:

Partly in the district of Dover (town of Dover and parish of Hougham Without), in the county of Kent—

• Work No. 5—A railway (19250 metres in length), commencing by a junction with Work No. 4 at its termination and extending under the English Channel to terminate by a junction with a railway constructed from France:

• Work No. 6—An adit, commencing at a point on the Old Dover Colliery site 360 metres south-west of the western portal of the said Shakespeare Tunnel, passing in a north-east by easterly direction and terminating by a junction with Work No. 5 at the commencement of that work:

• Work No. 7—A sea wall between Abbot’s Cliff and the Old Dover Colliery site, commencing at a point on the line of the level of mean high water springs 255 metres south-west by west of the eastern portal of the Abbotscliff Tunnel of the Railways Board, extending seaward in a south-easterly direction to a line near the level of mean low water springs, then turning in an east by north-easterly direction to a point seaward of the Old Dover Colliery site and then turning in a north-easterly direction and terminating at a point on the line of the level of mean high water springs 130 metres south of the western portal of the said Shakespeare Tunnel:

In the district of Shepway (town of Folkestone and parishes of Hythe, Newington and Saltwood), in the county of Kent—

• Work No. 9A—A diversion of the A20, including a roundabout at its junction with the B2065 (Work No. 10A) commencing at a point 40 metres west of the access from the A20 to Truck’s Hall, passing in a north-easterly and then easterly direction to the said junction with the B2065 at a point 45 metres north of Beachborough Crossroads, thence passing in a south-east by easterly direction to join the line of the existing A20 near its junction with Frogholt Lane, thence in a south-easterly direction, south of the existing A20, and terminating by a junction with that road at a point 520 metres west of its termination at the Cheriton Roundabout:

• Work No. 9B—A slip road commencing by a junction with Work No. 9A at a point 340 metres south-east of the junction of the existing A20 with Frogholt Lane and terminating by a junction with the existing A20 at a point 30 metres west of the junction of that road with Newington Road:

• Work No. 9C—An access road commencing by a junction with the existing A20 at a point 850 metres west of its said termination, passing in a north-easterly and then easterly direction and terminating at the bridge forming part of Work No. 9D:

• Work No. 9D—An access road, including a bridge over the railway (Work No. 2), commencing by a junction with Work No. 9C at its termination and terminating at a point 60 metres north of the building known as Longport:

• Work No. 9E—An access road comprising a slip road, including a crossing over the A20 as diverted (Work No. 9A), commencing by a junction with the northern carriageway of the M20 at a point 170 metres east of the bridge carrying over that road the bridleway from Saltwood to the A20 at Stone Farm, Saltwood, passing in a north-east by easterly, easterly and then south-easterly direction, crossing Work No. 9A at a point 720 metres west of its termination, thence passing in an easterly and then northerly direction and terminating at a point 70 metres east of the building known as Shelton:

• Work No. 9F—An access road comprising a slip road, including a crossing over the M20 and the A20 as diverted (Work No. 9A), commencing by a junction with the southern carriageway of the M20 at a point 150 metres east of the said bridge carrying over that road the bridleway from Saltwood to the A20, passing in a north-east by easterly, south-easterly and then easterly direction, crossing the M20 and Work No. 9A at a point 660 metres west of the termination of that work, then passing in a north-east by easterly direction and terminating at a point 160 metres north of the said building known as Longport:

• Work No. 9G—A slip road commencing by a junction with the A20 as diverted (Work No. 9A) at the roundabout at its junction with the B2065, passing in a westerly, southerly and then easterly direction and terminating by a junction with the slip road (Work No. 9E) at a point 105 metres east of the existing bridge carrying the B2065 over the M20:

• Work No. 10A—A diversion of the B2065, including a bridge over Works Nos. 9E to 9G and the M20, commencing at a point 220 metres north of Beachborough Crossroads, passing in a southerly direction to the roundabout (part of Work No. 9A), thence in a southerly direction over the slip road (Work No. 9G), the access road (Work No. 9E), the M20 and the access road (Work No. 9F) and terminating at the commencement of Work No. 11:

• Work No. 11—A diversion of the B2065, including a viaduct over Works Nos. 30 and 30A and the railway between Ashford and Folkestone West (including Work No. 30B), commencing at a point 25 metres south of the southern end of the bridge carrying that road over the M20 and terminating at a point 140 metres south of the southern end of the existing bridge carrying that road over the said railway:

• Work No. 14—An access road commencing at a point 10 metres west of a point on the access road (Waterworks Lane) leading to the Cherry Garden Reservoir of the Folkestone and District Water Company 220 metres north of the M20, passing in a south-easterly direction and terminating by a junction with the new road (Work No. 34H):

• Work No. 15—An access road commencing by a junction with Churchill Avenue on its north side at a point 230 metres east of the entrance from that road to Cannon House and terminating at a point on the surface of the ground at the termination of Work No. 3:

• Work No. 16—A drainage lagoon in the enclosures numbered 0794, 1684, 1085, 0584, 1174, 1136, 0571, 0272, 0576, 0083, 0002, 8200, 8585 and 0095 on the 1/2500 Ordnance Map of Kent, sheets TR1736 and TR1737 (editions of 1971) and TR1836 (edition of 1958) to be formed by an embankment across Seabrook Stream immediately to the east of the footbridge carrying the bridleway from the A20 at Stone Farm to Dibgate Camp across that stream:

In the borough of Ashford (town of Ashford and parishes of Kingsnorth and Sevington), in the county of Kent—

• Work No. 17—A road comprising dual carriageways, including a bridge over the Ashford to Folkestone West railway, commencing at a roundabout at a point 350 metres south by south-west from the southernmost corner of the moat at Old Boys Hall, passing in an easterly, then north-easterly, direction to cross over that railway at a point 450 metres north-west of the bridge carrying Highfield Lane over that railway, then passing in a northerly direction and terminating by a junction with the slip roads by which the road from Sevington joins Junction No. 10 on the M20, the existing road from that junction to the entrance to Ashford Park at a point 330 metres north-east of the said railway forming part of the northern carriageway of the said dual carriageway road:

• Work No. 17A—A road commencing by a junction with the roundabout at the commencement of Work No. 17 and terminating, within the entrance to an intended inland clearance depot, at a point 85 metres south-east of that point of commencement.

Part II U.K. The County Council’s Scheduled Works

In the borough of Ashford (town of Ashford and parishes of Kingsnorth and Sevington), in the county of Kent—

• Work No. 18—A road comprising dual carriageways, including a bridge over the river Great Stour, two bridges over the river East Stour and duplication of the bridge carrying Beaver Road over the Tonbridge to Ashford railway, commencing at the existing roundabout in Beaver Road at a point 65 metres north of the northern end of that bridge, passing over that railway to a roundabout south of that bridge, then turning south-east to pass over the rivers Great Stour and East Stour to a roundabout at a point 80 metres north-west of the bridge carrying the Ashford to Rye railway over New Town Road, then turning south-south-west along a line to the east of the river East Stour, then crossing that river and continuing on the same line and terminating at a roundabout 550 metres east of the junction of Kingsnorth Road with Ashford Road:

• Work No. 18A—A road commencing by a junction with Work No. 18 at the roundabout south of the bridge over the Tonbridge to Ashford railway and terminating in Beaver Road at the northern end of the bridge carrying that road over the river Great Stour:

• Work No. 18B—A road commencing by a junction with Work No. 18 at the roundabout north-west of the railway bridge over New Town Road and terminating by a junction with that road 35 metres north-east of that commencement:

• Work No. 18C—A road commencing by a junction with Work No. 18 at a roundabout at a point 280 metres south-east of the junction of Riversdale Road with Whitfield Road and terminating at a point 40 metres east of that commencement, forming the access to an intended road vehicle park on land owned by the Railways Board:

• Work No. 18D—A road, including a bridge over the river East Stour, commencing by a junction with Work No. 18 at the roundabout at the commencement of Work No. 18C, passing west across the river East Stour and terminating by a junction with Beaver Road at a point 70 metres east of the junction of that road with Park Place:

• Work No. 18E—A road commencing by a junction with Work No. 18 at the roundabout at the termination of that work and terminating by a junction with Ashford Road (A2070) at a point 770 metres south-east of that roundabout:

• Work No. 19—A road commencing by a junction with Work No. 18 at the roundabout at the termination of that work, passing in a north-westerly direction and terminating at a roundabout forming a junction with Wotton Road at a point 300 metres from Kingsnorth Road:

• Work No. 20—A road comprising dual carriageways, including bridges over the Ashford to Rye railway and the river East Stour, commencing by a junction with Work No. 18 at the roundabout at the termination of that work, passing in an easterly direction across the Ashford to Rye railway at a point 420 metres south of the bridge carrying that railway over the river East Stour, and across that river and terminating by a junction with Work No. 17 at the roundabout at the commencement of that work.

Part III U.K. The Railways Board’s Scheduled Works

In the London borough of Lambeth—

• Work No. 21—A railway (705 metres in length), at Waterloo station on the west side of the railway between that station and Clapham Junction, commencing at a point on platforms 19 and 20 serving two of the Windsor lines of the said railway 61 metres south of the buffer stops of those two lines and terminating by a junction with the said Windsor lines at a point 15 metres north of the bridge carrying the said railway over Carlisle Lane at its junction with Hercules Road, including bridges over Westminster Bridge Road, Upper Marsh, Carlisle Lane, Centaur Street and Virgil Street and viaducts over lands between or adjoining those roads:

• Work No. 21A—An access road at Waterloo station, commencing at a point on the arched structure carrying the said station 115 metres south-west of the buffer stop of the Windsor line served by platform 21 and terminating by a junction with Leake Street at a point 26 metres south-east of the junction of that street with York Road:

• Work No. 21B—An access road at Waterloo station, commencing at a point in the existing access road serving the said station 28 metres east of its junction with Westminster Bridge Road and terminating at the point in Addington Street where that street branches to join Westminster Bridge Road:

In the London borough of Wandsworth—

• Work No. 23—A railway (984 metres in length) at Stewart’s Lane, Battersea, commencing by a junction with the Windsor lines of the railway between Waterloo and Clapham Junction at a point 480 metres north-east of the bridge carrying that railway over Thessaly Road and terminating by a junction with the railway between Victoria and Ashford at a point 225 metres south-east of the bridge carrying that railway over the said railway between Waterloo and Clapham Junction, including bridges over the access road to Covent Garden Market, Thessaly Road and Stewart’s Road and viaducts over lands between or adjoining those roads and the said railway between Waterloo and Clapham Junction:

• Work No. 23A—A railway (1012 metres in length) at Stewart’s Lane, Battersea, on the north-west side of the railway between Waterloo and Clapham Junction, commencing by a junction with the Windsor lines of that railway at a point 480 metres north-east of the bridge carrying that railway over Thessaly Road and terminating by a junction with those lines at a point 1 metre north-east of the viaduct carrying the South London line between London Bridge and Victoria over that railway, including a viaduct and bridges over the said access road and Thessaly Road:

• Work No. 23B—A railway (328 metres in length) at Stewart’s Lane, Battersea, on the south-east side of the railway between Waterloo and Clapham Junction, commencing by a junction with the Weymouth lines of that railway at a point 1 metre south-west of the bridge carrying that railway over Thessaly Road and terminating by a junction with those lines at a point 1 metre north-east of the viaduct carrying the railway between Victoria and Ashford over that railway, including bridges over Stewart’s Road and the railway between Victoria and Stewart’s Lane Junction:

• Work No. 24—A railway (489 metres in length) at Clapham Junction (being a reinstatement of a former railway), commencing by a junction with the Windsor lines of the railway between Waterloo and Clapham Junction at a point 5 metres south-west of the bridge carrying those lines over Culvert Road and terminating by a junction with the West London Extension railway, between Longhedge Junction and Kensington Olympia, at a point 3 metres south-east of the bridge carrying that railway over Latchmere Road:

In the London boroughs of Ealing and Hammersmith and Fulham and the Royal borough of Kensington and Chelsea—

• Work No. 25A—A railway (1716 metres in length) at Old Oak Common, commencing in the London borough of Ealing at a point 205 metres south-west of the bridge carrying the railway between Reading and Paddington over the Central Line railway between North Acton and East Acton and terminating in the London borough of Hammersmith and Fulham by a junction with the West London railway, between Mitre Bridge Junction and Kensington Olympia, at a point 3 metres north-west of the bridge carrying that railway over Scrubs Lane, including bridges over the said Central Line and Old Oak Common Lane:

• Work No. 25B—A railway (2300 metres in length) at Old Oak Common, commencing in the London borough of Ealing by a junction with Work No. 25A at a point 260 metres east of Old Oak Common Lane, passing through the London borough of Hammersmith and Fulham and terminating in the Royal borough of Kensington and Chelsea at a point 100 metres north-east of the junction of Barlby Gardens with Barlby Road:

• Work No. 25C—A railway (290 metres in length) at Old Oak Common, commencing by a junction with the railway between Reading and Paddington at a point 138 metres west of the bridge carrying the said West London railway over that railway and terminating by a junction with the Victoria branch railway at a point 85 metres south-east of the eastern portal of Mitre Tunnel on that railway, including the removal of that tunnel and the substitution of bridges to carry Scrubs Lane and the said West London railway over the said Victoria branch railway:

In the district of Tandridge (parishes of Bletchingley and Nutfield), in the county of Surrey—

• Work No. 26—A railway (1120 metres in length) at Nutfield on the north side of the railway between Redhill and Ashford, commencing by a junction with that railway at a point 63 metres east of the bridge carrying that railway over Coopers Hill Road and terminating by a junction with that railway at a point 20 metres west of the bridge carrying Outwood Lane over that railway:

• Work No. 26A—A cut (115 metres in length) at Nutfield forming a diversion of Nutfield Brook, commencing at a point 22 metres north of the southern head-wall of the culvert conducting that stream under the railway between Redhill and Ashford and terminating at a point 98 metres north-east of that point of commencement:

In the borough of Maidstone (parish of Lenham), in the county of Kent—

• Work No. 28A—A railway (543 metres in length) on the north side of the railway between London and Ashford, commencing by a junction with that railway at a point 560 metres north-west of the bridge carrying Ham Lane over that railway and terminating by a junction with that railway at a point 18 metres north-west of that bridge:

• Work No. 28B—A railway (543 metres in length) on the south side of the railway between London and Ashford, commencing by a junction with that railway at a point 170 metres north-west of the bridge carrying Lenham Road over that railway and terminating by a junction with that railway at a point 365 metres south-east of that bridge:

In the borough of Ashford (town of Ashford), in the county of Kent—

Works Nos. 29A and 29B—Widenings on the north sides of the bridges carrying the railways between Ashford and Canterbury, Folkestone West and Rye over the rivers Great Stour and East Stour:

In the district of Shepway (parishes of Newington and Saltwood), in the county of Kent—

• Work No. 30—A railway (700 metres in length) at Dolland’s Moor, commencing by a junction with the railway between Ashford and Folkestone West at a point 135 metres west of the existing bridge carrying the B2065 over that railway and terminating by a junction with Work No. 1 at its commencement:

• Work No. 30A—A railway (1270 metres in length) at Dolland’s Moor, commencing by a junction with the railway between Ashford and Folkestone West at a point 375 metres east of the eastern portal of Saltwood Tunnel and terminating by a junction with Work No. 30 at a point 125 metres from the termination of that work:

• Work No. 30B—A railway (558 metres in length), being a deviation of the railway between Ashford and Folkestone West, commencing by a junction with that railway at the said point 135 metres west of the existing bridge carrying the B2065 over that railway and terminating by a junction with that railway at a point 415 metres east of that bridge.

Part IV U.K. Supplementary

Interpretation U.K.

1 U.K. In this Schedule—

• “A20” means the road from Ashford to Folkestone so classified; and

• “B2065” means the road from Hythe to Bishopsbourne so classified.

Limits of deviation U.K.

2 U.K. In their construction—

(a) each scheduled work may deviate from the line or situation shown for that work on the deposited plans to the extent of the limits of deviation so shown;

(b) Work No. 5 may deviate from the level shown for that work on the deposited sections to the extent of 10 metres upwards and to any extent downwards; and

(c) each of the scheduled works other than Work No. 5 may deviate from the level so shown for the work in question to the extent of 3 metres upwards and to any extent downwards.

Section 6.

SCHEDULE 2 U.K. Supplementary Provisions as to the Scheduled Works and other Authorised Works

Part I U.K. Application of Enactments

Application of Part II of the M1 Public Utilities Street Works Act 1950 U.K.

Marginal Citations

M1 1950 c. 39.

1 (1) Part II of the Public Utilities Street Works Act 1950 (public utilities’ street works code where apparatus is affected by road, bridge or transport works) shall apply to any works for the construction or maintenance of Works Nos. 9A, 10A, 11 and 17 as if the Concessionaires were a highway authority. U.K.

(2) This paragraph does not prejudice the application, in accordance with that Act, of Part II of that Act to works required for the purposes of any transport undertaking within the meaning of that Act.

Application of Railways Clauses Acts U.K.

2 (1) Subject to the following provisions of this paragraph, the M2 Railways Clauses Consolidation Act 1845 and Part I of the M3 Railways Clauses Act 1863, insofar as they are applicable for the purposes of this Act and are not inconsistent with its provisions, are hereby incorporated with this Act. U.K.

(2) The following provisions of the M4 Railways Clauses Consolidation Act 1845 are excepted from incorporation by virtue of sub-paragraph (1) above—

sections 1, 5, 7 to 9, 11, 12, 15, 17, 19, 20, 22, 23, 162 and 163;

but of the provisions of that Act which are so incorporated the following shall not apply to the Concessionaires—

sections 13, 14, 47, 48, 59 to 62, 75, 77 to 85, 94, 95 and 112 to 124.

(3) The following provisions of Part I of the M5 Railways Clauses Act 1863 are excepted from incorporation by virtue of sub-paragraph (1) above—

sections 13 to 19;

but of the provisions of that Part of that Act which are so incorporated sections 4 to 7 shall not apply to the Concessionaires.

(4) For the purposes of the provisions of the said Clauses Acts so incorporated and applicable to the Concessionaires—

(a) references to the company are references to the Concessionaires;

(b) “the railway” means Works Nos. 1 to 5 and other works and things constructed, provided or used for or in connection with those works and, for the purposes of sections 16 and 30 to 44 of the said Act of 1845, includes Work No. 6;

(c) section 6 of the said Act of 1845 shall have effect as if the words “and to take lands for that purpose” and the words “for the value of the lands so taken or used and” were omitted;

(d) section 46 of the said Act of 1845 shall have effect as if the proviso were omitted; and

(e) section 68 of the said Act of 1845 shall have effect as if the word “gates” where first occurring, the words “or leading to or from” and the words from “together with all necessary gates” to “all necessary stiles” were omitted.

(5) For the purposes of the provisions of the said Clauses Acts so incorporated and applicable to the Railways Board—

(a) references to the company are references to the Railways Board;

(b) “the railway” means the Railways Board’s scheduled works other than Works Nos. 21A, 21B and 26A and, for the purposes of sections 16 and 30 to 44 of the said Act of 1845, includes those last-mentioned works.

(6) For the purposes of the provisions of the said Clauses Acts so incorporated and applicable to the Concessionaires and the Railways Board—

(a) section 87 of the said Act of 1845 shall have effect as if for the words from “company, being” to “other railway” there were substituted the word “ body ” and for the words “other company”, where secondly occurring, there were substituted the words “ other body ”; and

(b) section 88 of the said Act of 1845 shall have effect as if for the word “companies”, in both places where it occurs, there were substituted the word “ bodies ” and for the word “company” there were substituted the word “ body ”.

(7) Sections 18 and 21 of the said Act of 1845 as incorporated by sub-paragraph (1) above shall not apply in any case where the relations between either the Concessionaires or the Railways Board and any other persons are regulated by Part II of the M6 Public Utilities Street Works Act 1950 or by Part VI of Schedule 7 to this Act.

Marginal Citations

M2 1845 c. 20.

M3 1863 c. 92.

M4 1845 c. 20.

M5 1863 c. 92.

M6 1950 c.39.

Part II U.K. Regulation of Scheduled Works and Subsidiary Provisions

Section A U.K. Provisions Applicable to Concessionaires

Use of electrical energy U.K.

3 (1) The following provisions of this paragraph shall apply in respect of the use of electrical energy for the purposes of Works Nos. 3, 4 and 5 (in this section referred to as “the authorised railway”). U.K.

(2) All reasonable precautions shall be taken in constructing, placing and maintaining electric lines and circuits, and in working the authorised railway, to prevent—

(a) injurious affection (by the discharge of electrical currents into the ground, fusion or electrolytic action) of any gas or water pipes, electric lines or other metallic pipes, structures or substances; or

(b) interference with, or with the working of, any wire, line or apparatus used for the purpose of transmitting electrical energy or of [F1 electronic communications].

(3) The Secretary of State may make regulations under this paragraph for regulating the use of electrical energy for the operation of the authorised railway, including regulations—

(a) for preventing injurious affection (by the discharge of electrical currents into the ground, fusion or electrolytic action) of gas or water pipes, electric lines or other metallic pipes, structures or substances; and

(b) for minimising, so far as is reasonably practicable, interference with, and with the working of, electric wires, lines and other apparatus whether such apparatus does, or does not, use the earth as a return.

(4) All reasonable precautions against interference with, or with the working of, any wire, line or apparatus shall be deemed to have been taken if and so long as use is made of either such insulated returns, or of such uninsulated metallic returns of low resistance and of such other means of preventing injurious interference with, and with the working of, electric wires, lines and apparatus, as may be prescribed by the said regulations; and in prescribing such means the Secretary of State shall have regard to the expense involved in relation to the protection afforded.

(5) The provisions of this paragraph shall not give any right of action in respect of injurious interference with, or with the working of, any electric wire, line or apparatus, or the currents therein, unless in the construction, erection, maintaining and working of such wire, line or apparatus all reasonable and proper precautions, including the use of an insulated return, have been taken to minimise injurious interference therewith, and with the currents therein, by or from other electric currents.

(6) If any difference arises between the Concessionaires and any other person with respect to anything in the foregoing provisions of this paragraph, the difference shall, unless the parties otherwise agree, be determined by the Secretary of State or, at his option, by an arbitrator to be appointed by him, and the costs of such determination shall be in the discretion of the Secretary of State or of the arbitrator, as the case may be.

(7) The power to make regulations conferred on the Secretary of State by this paragraph shall be exercisable by statutory instrument.

(8) In this paragraph reference to an insulated return includes a reference to a return by means of a combined neutral and earth cable which is covered by a sheath suitable for protection against corrosion and is approved for use below ground by the Secretary of State for the purpose of any regulations relating to the supply of electricity.

Textual Amendments

F1 Words in Sch. 2 para. 3(2)(b) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 85 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Concessionaires’ subsidiary works U.K.

4 (1) The Concessionaires may, for the purposes of or in connection with their scheduled works, do any of the following things within the limits of deviation for those works, that is to say— U.K.

(a) make, provide and maintain all such approaches, bridges, subways, interchanges, roundabouts, lifts, stairs, escalators, ramps, passages, means of access, shafts, stagings, buildings, apparatus, plant and machinery as may be necessary or convenient;

(b) make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any existing highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter the line or level of any existing highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the existing highway or access way;

(c) construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient;

(d) carry out any works, and do any things necessary, for the protection of any adjoining land;

(e) alter or remove any structure erected upon any highway or adjoining land and plant trees, shrubs or other vegetation; and

(f) raise, sink or otherwise alter the position of any of the steps, areas, cellars, boundary-walls, railings, fences, windows, sewers, drains, watercourses, pipes, spouts or wires of, or connected with, any building, and remove any other obstruction.

(2) The Concessionaires shall pay compensation for any damage done in exercise of the powers conferred by this paragraph.

(3) Any question of disputed compensation payable under the provisions of this paragraph shall be determined under and in accordance with Part I of the M7 Land Compensation Act 1961.

Marginal Citations

M7 1961 c. 33.

Use of lagoon for drainage U.K.

5 (1) Subject to the requirements of sub-paragraph (2) below, the Concessionaires may— U.K.

(a) raise, lower or regulate the water, or the level or flow of water, in the Seabrook Stream in such manner as may be necessary or expedient for the construction, maintenance or operation of the drainage lagoon (Work No. 16); and

(b) discharge water from the lagoon into the stream at a point immediately below the embankment by which that work is formed.

(2) In the construction of that embankment, and thereafter in the maintenance and operation of that work, the Concessionaires shall take such steps as may be necessary to ensure compliance with the requirement that the rate at which water is discharged from that work into the stream is never more than such maximum rate nor less than such minimum rate as may be agreed between the Concessionaires and the Southern Water Authority or, in default of agreement or on notice being given by the Secretary of State to the Concessionaires and the water authority, shall be determined by him; and in the exercise of any of the powers of sub-paragraph (1) above the Concessionaires shall comply with such conditions as may be so agreed or determined.

(3) Before agreeing rates of discharge or conditions under sub-paragraph (2) above the water authority shall consult [F2 English Nature], the Shepway District Council and the Kent County Council.

(4) For the purposes of the M8 Water Resources Act 1963 the provisions of this Act authorising the construction, maintenance and operation of the drainage lagoon shall be treated as if contained in a licence to construct impounding works granted to the Concessionaires subject to the requirement, and to any conditions relating to the exercise of the powers of sub-paragraph (1)(a) above, agreed or determined under sub-paragraph (2) above.

(5) For the purposes of Part II of the M9 Control of Pollution Act 1974 the discharge of water under sub-paragraph (1)(b) above shall be treated as if made with the consent of the water authority given in pursuance of that Act subject to such conditions relating to the discharge as may be agreed or determined under sub-paragraph (2) above.

(6) In any proceedings for failure to comply with any such requirement or condition as is mentioned in sub-paragraph (4) above, it shall be a defence to prove that the failure was wholly or mainly attributable to exceptional shortage of rain, frost, accident or other unavoidable cause.

Textual Amendments

F2 Words in Sch. 2 para. 5(3) substituted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 1(k)(i)

Marginal Citations

M8 1963 c. 38.

M9 1974 c. 40.

Safety of lagoon U.K.

6 U.K. For the purposes of the M10 Reservoirs Act 1975 (which makes special provision about the construction, use, alteration and inspection of large reservoirs), the drainage lagoon (Work No. 16) shall be treated as a large raised reservoir within the meaning of that Act.

Marginal Citations

M10 1975 c. 23.

Section B U.K. Provisions Applicable to County Council

County Council’s subsidiary works U.K.

7 (1) The County Council may, for the purposes of or in connection with their scheduled works, do any of the following things within the limits of deviation for those works, that is to say— U.K.

(a) make, provide and maintain all such approaches, bridges, subways, roundabouts, ramps, passages and means of access as may be necessary or convenient;

(b) make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any existing highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter the line or level of any existing highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the existing highway or access way;

(c) construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient;

(d) carry out any works, and do any things necessary, for the protection of any adjoining land;

(e) alter or remove any structure erected upon any highway or adjoining land and plant trees, shrubs or other vegetation; and

(f) raise, sink or otherwise alter the position of any of the steps, areas, cellars, boundary-walls, railings, fences, windows, sewers, drains, watercourses, pipes, spouts or wires of, or connected with, any building, and remove any other obstruction.

(2) The County Council shall pay compensation for any damage done in exercise of the powers conferred by this paragraph.

(3) Any question of disputed compensation payable under the provisions of this paragraph shall be determined under and in accordance with Part I of the M11 Land Compensation Act 1961.

Marginal Citations

M11 1961 c. 33.

Section C U.K. Provisions Applicable to Railways Board

Passenger station at Ashford U.K.

8 (1) Without prejudice to section 16 of the M12 Railways Clauses Consolidation Act 1845, as applicable to them, the Railways Board may, on land in the borough of Ashford (town of Ashford) in which they have sufficient right or interest— U.K.

(a) make, maintain and operate a new passenger station adjacent to their existing station at Ashford on any part of the lands in that town numbered 21 on the deposited plans;

(b) construct and maintain facilities in connection with the said new passenger station, including a terminal building with frontier control facilities, footbridges linking that station with their said existing station and other works and conveniences, including road vehicle parks, on the lands in that town numbered 3, 16, 18, 20 and 21 on the deposited plans with means of access for vehicles provided in accordance with sub-paragraph (2) below;

(c) lay out a new road vehicle park on any part of the lands in that town numbered 25, 27 and 28 to 31 on the deposited plans with means of access for vehicles either to the new road (Work No. 18C) or to such other road as may be agreed between the Railways Board and the Kent County Council or in default of agreement determined by the Secretary of State.

(2) The means of access for vehicles to the facilities mentioned in sub-paragraph (1)(b) above shall be provided at such points as may be agreed between the Railways Board and the County Council or in default of agreement determined by the Secretary of State.

Marginal Citations

M12 1845 c. 20.

Passenger station at Waterloo U.K.

9 (1) In connection with the construction of Works Nos. 21, 21A and 21B, the Railways Board may, within the limits of deviation for those works in the London borough of Lambeth— U.K.

(a) enlarge, improve, and provide frontier control facilities at their existing Waterloo station with all necessary works and conveniences connected therewith;

(b) make junctions with and alter the line or level of any street or way adjoining, or affected by the construction of, those works;

(c) provide means of access for vehicles to Carlisle Lane at the points marked C and D on the deposited plans and to Upper Marsh at the points so marked E and F; and

(d) appropriate, hold and use, for the purposes of Work No. 21 and the works at the station under paragraph (a) above, any lands within the said limits, including any works on those lands previously authorised by any enactment.

(2) In connection with the construction of Work No. 21, the Railways Board may in the London borough of Lambeth—

(a) reduce to a width not less than 1.83 metres so much of the footpath known as Leake Court as lies between the points marked G and H on the deposited plans;

(b) reduce to a width not less than 15 metres so much of Carlisle Lane as lies within the limits of deviation for that work between the points marked I and J on the deposited plans; and

(c) remove the parapets on the western sides of the existing bridges over Westminster Bridge Road and Upper Marsh.

Railways at Stewart’s Lane, Wandsworth U.K.

10 (1) In connection with the construction of Works Nos. 23, 23A and 23B, the Railways Board may in the London borough of Wandsworth— U.K.

(a) construct the bridge over Thessaly Road (part of Work No. 23A) so as to provide a headroom not less than 4.40 metres over the surface of the street under the bridge;

(b) alter the level of Stewart’s Road under the bridge over that road (part of Work No. 23B) so as to provide a headroom not less than 4.57 metres over the surface of the street;

(c) provide means of access for vehicles to Ascalon Street at the points marked A and B on the deposited plans, to Stewart’s Road at the point so marked C and to Ponton Street at the point so marked D; and

(d) appropriate, hold and use, for the purposes of Works Nos. 23A and 23B, any lands within the limits of deviation for those works and any works on those lands previously authorised by any enactment.

(2) In connection with the construction of Works Nos. 23, 23A and 23B or other works of the Railways Board in the vicinity thereof, the Railways Board may in the London borough of Wandsworth provide, for the purposes of such construction and of the maintenance and operation of those works, means of access for vehicles to Corunna Terrace at the point marked J on the deposited plans.

Works Nos. 25A and 25B: nature consultations U.K.

11 U.K. The Railways Board shall not begin to construct Work No. 25A or Work No. 25B until they have consulted—

(a) the councils of the London borough of Ealing, the London borough of Hammersmith and Fulham and the Royal borough of Kensington and Chelsea; and

(b) the London Wildlife Trust;

as to the likely effect of the construction of the works on nature conservation.

Further works and powers U.K.

12 U.K. The Railways Board may make and maintain the following further works (in so far as they are shown on the deposited plans and sections, in the lines or situations, and according to the levels, so shown) and may exercise the following powers—

(1) In connection with the construction of Work No. 24, they may in the London borough of Wandsworth—

(a) provide means of access for vehicles to Sheepcote Lane at the points marked A and B on the deposited plans; and

(b) appropriate, hold and use, for the purposes of that work, any lands within the limits of deviation for that work, including any works on those lands previously authorised by any enactment.

(2) In connection with the construction of Works Nos. 25A, 25B and 25C, they may, within the limits of deviation for those works, in the London boroughs of Ealing and Hammersmith and Fulham and the Royal borough of Kensington and Chelsea—

(a) make, maintain and operate a maintenance depot; and

(b) provide means of access for vehicles to Scrubs Lane and Mitre Way at the points marked B and C respectively on the deposited plans.

(3) In connection with the construction of Works Nos. 25A, 25B and 25C and of other works of the Railways Board in the vicinity thereof, they may in those boroughs provide means of access for vehicles to Old Oak Common Lane and Barlby Road at the points marked A and D respectively on the deposited plans.

(4) On the completion of Work No. 26A they may, in the parish of Bletchingley in the district of Tandridge, in the county of Surrey, fill in so much of Nutfield Brook between the points marked B and C on the deposited plans as will be rendered unnecessary by that work.

(5) In connection with the construction of Works Nos. 30, 30A and 30B, they may in the parishes of Newington and Saltwood, in the district of Shepway, in the county of Kent—

(a) provide facilities for making emergency repairs to rolling stock on any part of the lands numbered, in the parish of Newington, 4 to 7, 12, 25, 26, 33 and 36 and, in the parish of Saltwood, 7 and 8 on the deposited plans; and

(b) provide means of access for vehicles for construction purposes to the road from Hythe to Bishopsbourne (B2065) at the point marked K on the deposited plans.

Temporary possession of land U.K.

13 (1) Subject to the provisions of this paragraph the Railways Board may, in connection with the construction of their scheduled works specified in column (1) of the following table or any works in connection with those works, enter upon and take possession of the lands in the areas specified in columns (2) and (3) of that table for such purposes as are specified in column (4) of that table and may, for any such purpose, remove any structures on those lands and provide means of access to those lands. U.K.

The Table

(1)	(2)	(3)	(4)
Works Nos.	Area	Number of land shown on deposited plans	Purpose for which temporary possession may be taken
23, 23A and 23B	London borough of Wandsworth	26	The provision of vehicular access for construction.
		48	The provision of a working site and vehicular access for construction.
25A, 25B and 25C	London borough of Hammersmith and Fulham	4 and 8	The provision of a working site and vehicular access for construction.
26 and 26A	District of Tandridge (parish of Nutfield)	1, 2, 4 to 7 and 7A	The provision of a working site and vehicular access for construction to Coopers Hill Road at the point marked A on the deposited plans.
	District of Tandridge (parish of Bletchingley)	1, 2 and 5 to 7	The provision of a working site and vehicular access for construction to Outwood Lane at the point marked B on the deposited plans.
28A and 28B	Borough of Maidstone (parish of Lenham)	2 and 4	The provision of a working site and vehicular access for construction to Ham Lane at the point marked A on the deposited plans.
		10 and 11	The provision of a working site and vehicular access for construction to Lenham Road at the point marked B on the deposited plans.

(2) Not less than 28 days before entering upon and taking temporary possession of any land under this paragraph the Railways Board shall give notice to the owners and occupiers of the land.

(3) The Railways Board shall not, without the agreement of the owners and occupiers, remain in possession of any part of any land under this paragraph after a period of one year from the completion of the work or (as the case may be) all the works specified in relation to that land in column (1) of the table in sub-paragraph (1) above.

(4) Except in the case of the land in the London borough of Wandsworth numbered 26 on the deposited plans, all private rights of way over any land of which the Railways Board take temporary possession under this paragraph shall be suspended and unenforceable for so long as the Railways Board remain in lawful possession of the land.

(5) Before giving up possession of any land of which they have taken temporary possession under this paragraph, the Railways Board shall remove all temporary works and restore the land to the reasonable satisfaction of the owners and occupiers of the land.

(6) The Railways Board shall not be empowered to purchase compulsorily, or be required to purchase, any part of any land of which they have taken temporary possession under this paragraph.

(7) The Railways Board shall pay compensation to—

(a) the owner or occupier of any land of which they take temporary possession under this paragraph for any damage resulting from the exercise of the powers of this paragraph in relation to that land; and

(b) any person who suffers damage by reason of the suspension of any right under this paragraph.

(8) Nothing in this paragraph shall affect liability to compensate under section 6 or 43 of the M13 Railways Clauses Consolidation Act 1845, as incorporated with this Act, or section 10(2) of the M14 Compulsory Purchase Act 1965, as applied by section 37 of this Act, or under any other enactment, except so far as compensation is payable under sub-paragraph (7) above.

(9) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the M15 Land Compensation Act 1961.

Marginal Citations

M13 1845 c. 20.

M14 1965 c. 56.

M15 1961 c. 33.

Section D U.K. Provisions Applicable to Concessionaires, County Council and Railways Board

Use of sewers, etc. for removing water U.K.

14 (1) The appropriate authority may use for the discharge of any water pumped or found during the construction of the scheduled works or any works in connection with those works any available stream or watercourse or any public sewer, and for that purpose may lay down, take up and alter conduits, pipes and other works and may make any convenient connections with any such stream, watercourse or public sewer within the limits of deviation for their scheduled works. U.K.

(2) The appropriate authority shall not under the powers of this paragraph discharge any water into any sewer vested in or under the control of a water authority, internal drainage board or local authority except with the consent of that authority or board (which shall not be unreasonably withheld) and subject to such terms and conditions as that authority or board may reasonably impose; and the appropriate authority shall not make an opening into any such sewer except in accordance with plans reasonably approved by, and under the superintendence (if given) of, that authority or board.

(3) The discharge of water under the powers conferred by this paragraph into any stream shall not prejudice the application of Part II of the M16 Control of Pollution Act 1974 but section 31 of that Act shall have effect in relation to discharges under the powers of this paragraph into any relevant waters within the meaning of that section as if no matter so discharged were trade or sewage effluent or other matter mentioned in subsection (2)(e) of that section.

(4) In the exercise of their powers under this paragraph the appropriate authority shall not damage or interfere with—

(a) the bed of any watercourse forming part of the main river of a water authority or the banks thereof within the meaning of section 116 of the M17 Land Drainage Act 1976; or

(b) a metropolitan watercourse within the meaning of paragraph 1 of Schedule 5 to that Act.

(5) The appropriate authority shall take all such steps as may be reasonably required to secure that any water discharged under the powers of this paragraph shall be as free as may be reasonably practicable from any gravel, chalk, soil or other solid substance or matter in suspension.

(6) Any difference arising between the appropriate authority and a water authority, internal drainage board or local authority under this paragraph shall be determined by arbitration.

Marginal Citations

M16 1974 c. 40.

M17 1976 c. 70.

Underpinning of buildings U.K.

15 (1) If in the construction of any of the scheduled works or any works in connection with any such work (“the work in question”) it becomes necessary to do so, the appropriate authority may, and if required by the owner or lessee shall, underpin or otherwise strengthen any building within 35 metres of the work in question in accordance with the provisions of this paragraph. U.K.

(2) Except in case of emergency, the appropriate authority shall give to the owner, lessee or occupier of a building, or the owner or lessee of a building shall give to the appropriate authority, at least 28 days’ notice in writing of the intention or (as the case may be) requirement, to underpin or otherwise strengthen that building under this paragraph, and if within 21 days of the giving of such notice the owner, lessee or occupier or (as the case may be) the appropriate authority give a counter-notice in writing disputing the necessity of the underpinning or strengthening, the question of necessity shall be settled by arbitration.

(3) The appropriate authority may, at any time after the underpinning or strengthening of any building under the foregoing provisions of this paragraph is completed and before the expiration of a period of five years from the bringing into use of the work in question, enter upon and survey the building and, after complying with the foregoing provisions of this paragraph, carry out such further underpinning or strengthening of the building as they may deem necessary or expedient or, if the owner, lessee or occupier of the building disputes the necessity or expediency, as may be settled by arbitration.

(4) Where any question of necessity or expediency is referred to arbitration under the foregoing provisions of this paragraph and the arbitrator, after inspecting the building, decides that the underpinning or strengthening is necessary or (as the case may be) that the further underpinning or strengthening is necessary or expedient, the arbitrator may, and if so required by the owner, lessee or occupier shall, prescribe the manner in which the underpinning or strengthening is to be carried out and the appropriate authority shall underpin or strengthen the building accordingly.

(5) For the purpose of determining how to exercise their powers and duties under this paragraph the appropriate authority may at any reasonable time enter and survey any building within 35 metres of any of their scheduled works.

(6) The appropriate authority shall pay compensation to the owner, lessee and occupier of every building underpinned or strengthened in pursuance of the powers conferred by this paragraph for any damage which they may suffer by reason of the exercise of those powers.

(7) Nothing in this paragraph shall affect liability to compensate under section 6 of the M18 Railways Clauses Consolidation Act 1845, as incorporated with this Act, or section 10(2) of the M19 Compulsory Purchase Act 1965, as applied by section 37 of this Act, or under any other enactment, except so far as compensation is payable under sub-paragraph (6) above.

(8) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the M20 Land Compensation Act 1961.

(9) Section 30 of the Compulsory Purchase Act 1965 shall apply to the service of notices under this paragraph with any necessary modifications.

(10) In this paragraph “building” includes any structure and, in the case of a work under the surface of the ground, reference to a building within 35 metres of that work includes reference to any building within 35 metres of the point on the surface below which the work is situated.

Marginal Citations

M18 1845 c. 20.

M19 1965 c. 56.

M20 1961 c. 33.

Part III U.K. Highways, Roads, etc.

Stopping up of highways by Concessionaires, County Council and Railways Board U.K.

16 (1) Subject to the provisions of this paragraph, the Concessionaires may, in connection with the construction of their scheduled works, stop up each of the highways or parts thereof specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of Section A in Part I or II of the following table and any other bridleways or footpaths within the limits of land to be acquired. U.K.

(2) Subject to the provisions of this paragraph, the County Council may, in connection with the construction of their scheduled works, stop up each of the highways or parts thereof specified as aforesaid in columns (1) and (2) of Section B in Part I or II of the following table and any other bridleways or footpaths within the limits of land to be acquired.

(3) Subject to the provisions of this paragraph, the Railways Board may stop up each of the highways or parts thereof specified as aforesaid in columns (1) and (2) of Section C in Part I or II of the following table and any other bridleways or footpaths within the limits of land to be acquired.

(4) The stopping up under this paragraph of the existing highways or parts thereof specified in columns (1) and (2) of Part II of the following table is subject to the requirements of paragraph 18 below—

(a) with respect to the new highway to be substituted therefor, specified as aforesaid or by reference to scheduled works, in column (3) of that Part of the table in relation to each such existing highway or part thereof; or

(b) where that new highway is not a scheduled work, with respect either to that new highway or to such other new highway as may be approved by the County Council as the highway to be substituted for any such existing highway or part thereof;

and references in paragraph 18, in relation to any such existing highway or part thereof, to an alternative approved highway are references to any other new highway approved as mentioned in paragraph (b) above as the highway to be substituted for it.

Part I U.K. Highways to be stopped up

Section A U.K. In connection with the Concessionaires’ scheduled works

The Table

(1)	(2)
Area	Highway or part to be stopped up
District of Shepway,
parish of Newington	Footpath from A4 to A5
	Footpath and access from C5 to C6
	Footpath from C3 to C4
town of Folkestone	Access road (Waterworks Lane) from N3 to N5
	Footpath and track from P3 to P4
Borough of Ashford,
parish of Sevington	Road (Church Road) from S5 to S6
	Road used as public path from T1 to T2
	Footpath from T2 to U1
	Footpath from W1 to W2
	Footpath from V1 to U2
	Footpath from Z3 to Y2

Section B U.K. In connection with the County Council’s scheduled works

(1)	(2)
Area	Highway or part to be stopped up
Borough of Ashford,
town of Ashford	Road (New Town Road) from KA1 to KA2
	Footpath from KB1 to KB2
	Road (Rugby Gardens) from KB3 to KB4
	Track from KB5 to KB6
	Track from KB7 to KB8
town of Ashford and parish of Kingsnorth	Footpath from KD1 to KD6
parish of Sevington	Footpath from KE2 to KE3
	Footpath from KE1 to U1

Section C U.K. In connection with the Railways Board’s scheduled works

(1)	(2)
Area	Highway or part to be stopped up
London borough of Lambeth	Road (Addington Street) from A to B

Part II U.K. Highways to be stopped up and new highways substituted therefor

Section A U.K. In connection with the Concessionaires’ scheduled works

(1)	(2)	(3)
Area	Highway or part to be stopped up	New highway to be substituted therefor
District of Shepway,
parish of Newington	Footpath from A2 to A3	New footpath from A1 to A3
	Road (A20) from CA1 to CA3	Works Nos. 9A and 9B
	Road (B2065) from CC3 to CC1	Work No. 10A
	Road (B2065) from CC1 to CC2	Work No. 11
	Road (A20) from CE1 to CE2	Works Nos. 9A and 9B
	Footpath and access road from F6 to F2	New footpath from F6 to CE1
	Bridleway from F5 to F7	New bridleway from CE1 to F4 to F5
parishes of Hythe and Newington	Bridleway from G1 to G2	New bridleway on embankment from G1 to G2
town of Folkestone and parish of Newington	Footpath from H1 to H2
	Footpaths from J1 to J2
	Track from J1 to J3
	Road (Danton Lane) from J4 to J5	New footpath from H3 to L1
	Bridleway from J4 to L2
	Footpath from K1 to K2
	Bridleway from L1 to L2
town of Folkestone	Footpath from M1 to M2
	Footpath from N1 to N2	New footpath from N3 to N4
	Footpath from P1 to P2	New footpath from P1 to P2
Borough of Ashford,
parish of Sevington	Footpath from S1 to S2	New footpath from S1 to S3 to S4 to S2
	Footpath from U1 to Z2	New footpath from X1 to X2
	Footpath from Z1 to Z4	New footpath from Y1 to Y2

Section B U.K. In connection with the County Council’s scheduled works

(1)	(2)	(3)
Area	Highway or part to be stopped up	New highway to be substituted therefor
Borough of Ashford,
parish of Kingsnorth	Footpath from KC1 to KC2	New footpath from KC2 to KC3
town of Ashford and parishes of Kingsnorth and Sevington	Bridleway from KD2 to KD7	New bridleway from KD2 to KD4 to KD5 to KD7 to U1 to T1

Section C U.K. In connection with the Railways Board’s scheduled works

(1)	(2)	(3)
Area	Highway or part to be stopped up	New highway to be substituted therefor
Borough of Maidstone,
parish of Lenham	Footpath from C to D	New footpath from E to D
Borough of Ashford,
town of Ashford	Footpath and track from B to C	New footpath from B to D

(5) No part of any highway shall be stopped up under this paragraph until the appropriate authority are in possession of all lands abutting on both sides of that part of the highway except so far as the owners, lessees and occupiers of those lands may otherwise agree.

(6) On the stopping up of any highway or part thereof under this paragraph, all rights of way over or along the highway or part so stopped up shall be extinguished.

(7) After the extinguishment of all rights of way over or along any highway or any part thereof under the foregoing provisions of this paragraph the land forming the site of the highway or part so stopped up may be appropriated without payment therefor and may be used by the appropriate authority for the purposes of Part II or III of this Act.

(8) Any person who suffers loss by the extinguishment of any private right under this paragraph shall be entitled to compensation to be determined, in case of dispute, under and in accordance with Part I of the M21 Land Compensation Act 1961.

(9) Compensation in respect of the extinguishment of any private right payable under sub-paragraph (8) above shall be paid by that one of the Concessionaires, the County Council and the Railways Board by whose action the private right is extinguished.

Marginal Citations

M21 1961 c. 33.

17 (1) The Concessionaires may, with the written consent of the Secretary of State, stop up in connection with the construction of any of the works authorised by this Act any part of the M20 within the limits of land to be acquired other than any part of its carriageways. U.K.

(2) On the stopping up of any part of the M20 under sub-paragraph (1) above, all rights of way over or along that part shall be extinguished.

Construction and completion of new or substituted highways U.K.

18 (1) None of the following parts of highways to which sub-paragraph (4) of paragraph 16 above applies, namely— U.K.

(a) the parts of the A20 road from Ashford to Folkestone for which parts of Work No. 9A and Work No. 9B are to be substituted; and

(b) the parts of the B2065 road from Hythe to Bishopsbourne for which Works Nos. 10A and 11 are to be substituted;

shall be stopped up under that paragraph until the County Council have certified the date on which the new highway concerned has been completed and is open for public use or, on application made to the Secretary of State by the Concessionaires after refusal by the County Council so to certify, he has so certified.

(2) If within 28 days after an application has been made to the County Council for them to certify a date under sub-paragraph (1) above they have neither done so nor refused to do so, they shall be deemed for the purposes of that sub-paragraph to have refused to do so.

(3) The part of the A20 road from Ashford to Folkestone for which Work No. 9A is to be substituted shall not be stopped up under paragraph 16 above until, in addition, the County Council have certified that—

(a) the new bridleway between CE1 and F5; or

(b) an alternative approved highway;

has been completed in accordance with their reasonable requirements and is open for public use or, in case of a difference between the Concessionaires and the County Council as to whether a certificate has been unreasonably withheld or as to the reasonableness of their requirements, until the difference has been determined by the Secretary of State, on application made to him by the Concessionaires after not less than 28 days’ notice to the County Council, and he has certified that the new bridleway or alternative approved highway has been completed in accordance with his determination and is open for public use.

(4) No part of any highway specified in Section A of Part II of the table in paragraph 16 above, other than one mentioned in sub-paragraph (1) above, and no part of the highways specified in Section C of Part II of that table shall be stopped up under that paragraph until the County Council have certified that—

(a) the new highway to be substituted therefor; or

(b) an alternative approved highway;

has been completed in accordance with their reasonable requirements and is open for public use or, in case of a difference between the Concessionaires or the Railways Board and the County Council as to whether a certificate has been unreasonably withheld or as to the reasonableness of their requirements, until the difference has been determined by the Secretary of State, on application made to him by the Concessionaires or the Railways Board after not less than 7 days’ notice to the County Council, and he has certified that the new highway or alternative approved highway has been completed in accordance with his determination and is open for public use.

(5) No part of any highway specified in Section B of Part II of the table in paragraph 16 above shall be stopped up under that paragraph until the County Council are satisfied that—

(a) the new highway to be substituted therefor; or

(b) an alternative approved highway;

has been completed and is open for public use.

19 (1) Before commencing the construction of any of Works Nos. 9A, 9B, 10A, 11 or 17 the Concessionaires shall submit to the County Council for their approval plans, sections and specifications (below in this paragraph referred to as “plans”) of the work and, unless the Concessionaires and the County Council otherwise agree, it shall not be constructed except in accordance with the plans submitted to the County Council and approved by them or, on application made to the Secretary of State by the Concessionaires after disapproval of the plans by the County Council, approved by him. U.K.

(2) If within 28 days after the plans have been submitted the County Council have not approved or disapproved them, they shall be deemed to have approved the plans as submitted.

20 (1) If it appears to the County Council that the construction of Work No. 17 will not be completed on or before the date on which their scheduled works will be completed and open for public use, they may by notice require the Concessionaires to complete the construction of that work by such reasonable date as they may specify in the notice. U.K.

(2) Any difference about the reasonableness of any date specified in a notice under sub-paragraph (1) above shall be determined by the Secretary of State.

(3) The Secretary of State shall certify the date on which the construction of Work No. 17 has been completed.

Repair of highways and agreements with highway authorities U.K.

21 (1) Notwithstanding anything in section 46 of the M22 Railways Clauses Consolidation Act 1845, as incorporated with this Act, the appropriate authority shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed or the immediate approaches thereto. U.K.

(2) Except as provided in sub-paragraph (3) below, any new highway constructed by the Concessionaires or the Railways Board under this Act in substitution for an existing highway or part thereof shall, unless otherwise agreed between the Concessionaires or the Railways Board and the County Council, be maintained by and at the expense of the Concessionaires or the Railways Board for a period of twelve months from the date certified as the date on which it has been completed and is open for public use and, at the end of that period, shall be maintained by and at the expense of the County Council.

(3) The new bridleway between the points G1 and G2 shown on the deposited plans to be substituted for the part of the existing bridleway in the district of Shepway (parishes of Hythe and Newington) between those points shall, when completed, be maintained by and at the expense of the Concessionaires.

(4) Sections 116 and 117 of the M23 Transport Act 1968 (responsibility for the maintenance of highway bridges over railways) shall apply to the Concessionaires as if they were one of the boards mentioned in those sections.

(5) Where under this Act the appropriate authority are authorised to stop up or interfere with an existing highway or part thereof, they may enter into agreements with the persons having the charge, management or control of the highway concerning the construction, or a contribution towards the expense of the construction, of any new highway to be provided in substitution therefor or of any alteration of the existing highway and any other related matters.

(6) The appropriate authority may, by agreement with any such persons, delegate to them the power of constructing any such new highway or any such alteration of an existing highway, including any bridge over any railway, and, where the appropriate authority are responsible for maintaining the new or altered highway (or bridge), the power to maintain it.

Marginal Citations

M22 1845 c. 20.

M23 1968 c. 73.

Temporary interference with highways U.K.

22 (1) The appropriate authority may, for the purpose of constructing or maintaining works which they are authorised to construct under this Act, temporarily stop up, break up or interfere with, or alter or divert, the whole or any part of any highway within the limits of land to be acquired or used and may carry out and do all necessary works and things for, or in connection with, the stopping up, opening, breaking up, interference, alteration or diversion and for keeping the highway open for traffic. U.K.

(2) The appropriate authority shall provide reasonable access for all persons, with or without vehicles, going to or returning from premises abutting on any highway affected by the exercise of the powers conferred by this paragraph.

Power to use subsoil of highways U.K.

23 U.K. Subject to the provisions of this Act the appropriate authority may enter upon, take and use for the purposes of this Act so much of the subsoil and under-surface of any highway within the limits of deviation for their scheduled works as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil and under-surface or any interest therein.

Status of certain highways constructed by the Concessionaires U.K.

24 (1) The Secretary of State shall certify points on Works Nos. 9E and 9F to which each of those works from their commencement shall be special roads. U.K.

(2) On the date certified by the Secretary of State as the date on which the roads forming the parts of those works from their commencement to those points have been completed and are open for public use, those roads shall become trunk roads and special roads for the exclusive use of traffic of Classes I and II of the classes of traffic specified in Schedule 4 to the M24 Highways Act 1980 as if they had been provided by the Secretary of State in pursuance of a scheme made by him under section 16 of that Act—

(a) prescribing the route of those roads as the route for the special roads to be provided under the scheme;

(b) prescribing both those classes of traffic; and

(c) specifying that date as the date on which those special roads were to become trunk roads.

(3) The provisions of sub-paragraph (2) above shall be treated for the purposes of that Act as provisions of a scheme under that section.

(4) On the date certified in relation to any new highway under paragraph 18(1) above the road which is the highway shall be transferred to the Kent County Council.

(5) Where the construction of any part of the road forming Work No. 17 has been completed the Secretary of State may, if the part concerned was not a highway at the passing of this Act, certify a date on which it is to be transferred to that Council.

(6) In the case of any new road constructed by the Concessionaires in pursuance of this Schedule, other than one to which sub-paragraph (2), (4) or (5) above applies, the Secretary of State may certify a date on which that road is to be transferred to that Council.

(7) On the date certified in relation to any road or part of a road under sub-paragraph (5) or (6) above, that road or part of a road shall be transferred to that Council.

(8) Subject to paragraph 27(4)(b) below, following a transfer under sub-paragraph (4) or (7) above the road or part of a road transferred shall be treated as if it had been constructed by that Council in exercise of their powers under section 24(2) of the Highways Act 1980.

(9) The Secretary of State may classify any road proposed to be constructed which may be transferred to that Council under this paragraph in any manner in which, and for any purposes for which, he could under section 12(3) of that Act classify a proposed highway for which that Council are the highway authority.

(10) On the date of its transfer to that Council any road classified under sub-paragraph (9) above shall become a highway classified in the manner and for the purposes in question as if so classified under section 12(3) of that Act.

Marginal Citations

M24 1980 c. 66.

Status of the County Council’s works U.K.

25 U.K. The construction by the Kent County Council of a highway in pursuance of this Act shall be treated as the construction of a highway in pursuance of section 24(2) of the Highways Act 1980.

Regulation of traffic on new roads U.K.

26 (1) Subject to sub-paragraph (2) below, any power under the M25 Road Traffic Regulation Act 1984 to make an order or to give a direction with respect to any road shall be exercisable in relation to any road forming or forming part of any of the Concessionaires’ or the County Council’s scheduled works before that road is open for public use, in any case where it appears to the Secretary of State to be expedient that the order or (as the case may be) the direction should have effect immediately on the road’s becoming open for public use. U.K.

(2) The procedure otherwise applicable under that Act in relation to the making of any such order or the giving of any such direction shall apply in any such case with such modifications as the Secretary of State may determine; and he shall publish notice of those modifications in such manner as appears to him to be appropriate for bringing them to the notice of persons likely to be affected by the provisions of any such order or (as the case may be) by any such direction.

Marginal Citations

M25 1984 c. 27.

Compensation for, and mitigation of, adverse effects of certain authorised works U.K.

27 (1) Subject to the following provisions of this paragraph, the Secretary of State is the responsible authority for the purposes of Parts I and II of the M26 Land Compensation Act 1973 (compensation for, and mitigation of, injurious effects of public works) as respects the Concessionaires’ scheduled works and any other works of the Concessionaires authorised by this Act (including the construction or alteration of any highway). U.K.

(2) Where a claim under Part I of that Act relates to depreciation caused by use of the road forming Work No. 17—

(a) if and so far as it relates to depreciation that would not have been caused but for the opening to public traffic of Kent County Council’s scheduled works, that Council shall be the responsible authority in relation to it; and

(b) if and so far as the Secretary of State is the responsible authority in relation to it, no account shall be taken in assessing compensation of any use or expected intensification of use of that road due to that opening.

(3) If and so far as the Kent County Council are the responsible authority in relation to a claim under that Part of that Act by virtue of sub-paragraph (2)(a) above, that Part of that Act shall have effect in relation to the claim as if—

(a) the relevant date were the date on which all of their scheduled works were first open to public traffic;

(b) the increase in value to be taken into account under section 6 were any increase that would not have been caused but for the opening to public traffic of those works; and

(c) subsection (1) of section 8 did not preclude the payment of compensation unless the previous claim was in respect of depreciation that would not have been caused but for that opening and subsection (2) of that section did not preclude the payment of compensation.

(4) Subject to the following provisions of this paragraph, the M27 Noise Insulation Regulations 1975 shall have effect as if—

(a) the Secretary of State were the appropriate highway authority in relation to all of the Concessionaires’ scheduled works and other works of the Concessionaires authorised by this Act which are highways, except the road forming Work No. 17;

(b) Work No. 17 were, as from the commencement of its construction, the construction of a highway by the Kent County Council; and

(c) the relevant noise level, in relation to the road forming that work, did not include any level of noise caused or expected to be caused by traffic using or expected to use it before the date on which all of Kent County Council’s scheduled works are first open to public traffic.

(5) Notwithstanding anything in sub-paragraph (1) or (4) above, the Secretary of State—

(a) is not liable to satisfy any claim under Part I of the Land Compensation Act 1973 in connection with the use of any highway for which he is not the highway authority; and

(b) does not have any obligation or power under the Noise Insulation Regulations 1975 in connection with the use or alteration of any such highway;

if and so far as the claim, obligation or power arises in connection with the alteration of the highway otherwise than in pursuance of this Act.

(6) Subject to the following provisions of this paragraph, in the case of any of the Concessionaires’ scheduled works and any other works of the Concessionaires authorised by this Act which involve the construction or alteration of a highway, the Secretary of State shall have the powers and duties of a highway authority under—

(a) section 28 of that Act (power to pay expenses of persons moving temporarily during construction works); and

(b) sections 246, 253 and 282 of the M28 Highways Act 1980 (which relate respectively to acquisition of land, agreements with respect to use of land and execution of works for the purpose of mitigating adverse effects of highways);

as if he were constructing or altering, or proposing to construct or alter, the highway, and references in those sections to a highway authority shall be construed accordingly.

(7) The Secretary of State may with the consent of the Kent County Council by order made by statutory instrument transfer to that Council, on such terms as may be provided in the order—

(a) any land acquired by him under section 246 of the Highways Act 1980; and

(b) any rights and liabilities acquired by or accrued to him under that section, section 253 or 282 of the Highways Act 1980 or the M29 Noise Insulation Regulations 1975;

by virtue of this paragraph.

(8) For the purposes of section 26 of the M30 Land Compensation Act 1973 (power of responsible authority to acquire land by agreement for the purpose of mitigating any adverse effects of public works) the Concessionaires’ and the Railways Board’s scheduled works and any other works of the Concessionaires or (as the case may be) of the Railways Board authorised by this Act shall be treated as public works notwithstanding that they form part of a statutory undertaking as defined by [F3 section 336(1) of the Town and Country Planning Act 1990].

Textual Amendments

F3 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1), s. 4, Sch. 2 para. 75

Marginal Citations

M26 1973 c. 26.

M27 S.I. 1975/1763.

M28 1980 c. 66.

M29 S.I. 1975/1763.

M30 1973 c. 26.

Section 9.

SCHEDULE 3 U.K. Planning Permission

Preliminary U.K.

1 U.K. In this Schedule—

• “authorised development” means development to which the planning permission deemed by section 9(1) of this Act to have been granted under Part III of the Act of 1971 relates;

• “spoil” means spoil from tunnelling works; and

• “surplus spoil” means spoil which is not used for the purposes of any of the works authorised by this Act.

Scheme of operation for authorised development U.K.

2 U.K. Any authorised development shall be carried out in accordance with a scheme of operation consisting of the arrangements with respect to the matters mentioned in the left-hand column of the following table which the appropriate planning authority have, at the request of the Concessionaires, for the time being approved as the arrangements which are to be adopted in carrying out the development to which the scheme relates.

The only grounds on which the authority may refuse to approve arrangements with respect to any matter so mentioned (including arrangements modifying or replacing any arrangements previously approved) are—

(a) that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other authorised development which is to be carried out in the authority’s area; and

(b) the ground specified in relation to that matter in the right-hand column of the table.

The Table

Matters	Grounds
The sites, other than sea bed sites, from which any minerals and aggregates required for carrying out the development are to be obtained.	That the arrangements ought to be modified—
	(a) to control the depletion of mineral resources in the authority’s area;
	(b) to prevent or reduce prejudicial effcts on the free flow of traffic in their area ; or
	(c) to preserve the amenity of their area or in the interests of nature conservation ;
	and are reasonably capable of being so modified.
The means and routes by which any minerals, aggregates, bulk materials other than minerals or aggregates and tunnel lining segments so required are to be transported to construction and storage sites within the limits of land to be acquired.	That the arrangements ought to be modified—
	(a) to prevent or reduce prejudicial effects on the free flow of traffic in their area ; or
	(b) to preserve the amenity of their area or in the interests of nature conservation;
	and are reasonably capable of being so modified.
The handling during removal, storage and re-use of any topsoil removed in the course of carrying out the development.	That the arrangements ought to be modified to ensure that the topsoil remains in good condition and are reasonably capable of being so modified.
The sites, within the limits of land to be acquired, at which any minerals and aggregates required for carrying out the development are to be stored until used.	That the arrangements ought to be modified to preserve the amenity of the neighbourhood or in the interests of nature conservation or of the preservation of a site of archaeological or historic interest and are reasonably capable of being so modified.
The sites, within those limits, at which any topsoil removed in the course of carrying out the development is to be stored until re-used.	(Note:This ground applies in relation to the matters mentioned in all succeeding entries in the left-hand column of this table.)
The hours during which, and the days on which, work is to be carried out within those limits for the purpose of carrying out the development.
The suppression of noise and dust caused by any operations carried on within those limits for the purpose of carrying out the development.
The measures to be taken within those limits to prevent mud being carried on to any highway as a result of carrying out the development.
The use within those limits of artificial lighting for the purpose of carrying out the development.
The sites, within those limits, which are to be used for camps for the accommodation of persons engaged in carrying out the development.

In this paragraph “the appropriate planning authority” means, in relation to the first two matters mentioned in the left-hand column of the table, the county planning authority, and otherwise the district planning authority.

Detailed plans and specifications for certain authorised development U.K.

3 U.K. To the extent that any authorised development consists of any operation or work mentioned in the left-hand column of the following table it shall be carried out in accordance with detailed plans and specifications approved, at the request of the Concessionaires, by the appropriate planning authority.

The only ground on which the authority may refuse, or impose conditions on the grant of, any approval of plans or specifications of any operation or work so mentioned is that specified in relation to that operation or work in the right-hand column of the table.

The Table

Operation or work	Grounds
The erection, construction, alteration or extension of any building, road vehicle park or noise screening.	That—
Terracing or other earthworks.	(a) the design or external appearance of the building, road vehicle park, noise screening, terracing or other earthworks ought to be modified to preserve the amenity of the neighbourhood and is reasonably capable of being so modified; or
	(b) the development ought to and could reasonably be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Act.
The erection, construction or installation of lighting equipment.	That—
	(a) the design of the equipment, with respect to the emission of light, ought to be modified to preserve the amenity of the neighbourhood and is reasonably capable of being so modified; or
	(b) the development ought to and could reasonably be carried out elsewhere within the limits of land on which the works of which it forms part may be carried out under this Act.
The formation, laying out or alteration of any means of access to any highway used, or proposed highway proposed to be used, by vehicular traffic.	That the development would be prejudicial to road safety or the free flow of traffic and is reasonably capable of modification so as to avoid such prejudice.
The construction of Work No. 7, referred to below in this Schedule as the sea wall.	That its elevation, situation or external appearance ought to be modified to preserve the amenity of the neighbourhood or the marine environment or in the interests of nature conservation and is reasonably capable of being so modified having regard to all the circumstances (including any relevant requirements for the protection of navigation).

Note:

1. The operations and works specified in the entries in the left-hand column of the table preceding the last such entry do not include anything to which that last entry applies or the deposit of spoil on the landward side of the sea wall.

2. The grounds in paragraph (b) of the first and second entries in the right-hand column of the table do not apply in the case of any development which forms part of a scheduled work or of railway sidings constructed in connection with such a work.

In this paragraph—

(a) “the appropriate planning authority” means, in relation to the construction of the sea wall, the county planning authority, and otherwise the district planning authority; and

(b) the reference to relevant requirements for the protection of navigation is a reference to—

(i) the requirements of paragraph 2 of Part III and paragraphs 4 and 5 of Part IV of Schedule 7 to this Act with respect to the approval of such part of the sea wall as is on the surface of lands below the level of mean high water springs; and

(ii) any conditions or restrictions imposed in relation to any such part of the sea wall under any of those provisions.

Spoil U.K.

4 (1) No surplus spoil shall be deposited except on the landward side of the sea wall. U.K.

(2) No more than the maximum permitted amount of spoil shall be deposited there (whether or not as surplus spoil).

(3) The maximum permitted amount of spoil is the amount deriving from the excavation of 3.75 million cubic metres of unexcavated material.

(4) The functions of a local planning authority of issuing enforcement notices under section 87 of the Act of 1971 or serving stop notices under section 90 of that Act shall be exercisable by the county planning authority so far as they relate to a breach of planning control consisting of failure to comply with the requirement imposed by sub-paragraph (2) above.

(5) The county planning authority may by notice in writing require the Concessionaires to give in writing within twenty-one days after the date on which the notice is served, or such longer time as may be specified in the notice or as the authority may allow, such information as may be so specified as to—

(a) the amount of spoil which has been deposited on the landward side of the sea wall; and

(b) the rate at which spoil is to be deposited there in the future;

and any information as to an amount of spoil shall be given by reference to the volume of the material from which it derives in its unexcavated state.

(6) Subsections (2) and (3) (offences) of section 284 of the Act of 1971 shall have effect in relation to notices under sub-paragraph (5) above as they have effect in relation to notices under subsection (1) of that section.

5 (1) The methods to be employed in, and the timing of, the deposit of spoil on the landward side of the sea wall shall be in accordance with arrangements approved, at the request of the Concessionaires, by the county planning authority. U.K.

(2) The height of the spoil deposited on the landward side of the sea wall shall not exceed the maximum specified in those arrangements.

(3) Finishing treatment shall be applied to the surface of the spoil deposited there in accordance with those arrangements.

(4) The county planning authority shall not refuse, or impose conditions on the grant of, any approval required for the purposes of this paragraph unless they are satisfied that it is expedient to do so on the ground that the arrangements ought to be modified to preserve the amenity of the neighbourhood or the marine environment or in the interests of nature conservation and are reasonably capable of being so modified.

6 U.K. Once the tunnel system has been brought into operation, the Concessionaires shall, in accordance with a scheme agreed with the county planning authority or, in default of agreement or on notice being given by the Secretary of State to the authority and the Concessionaires, settled by him, put so much of the area on the landward side of the sea wall as consists of land reclaimed by the deposit of spoil and is not required for or in connection with the operation of the tunnel system into such a condition as the scheme may provide.

Protection of site at Holywell Coombe U.K.

7 (1) No part of Work No. 3 shall be constructed in any part of the protected site. U.K.

(2) Nothing shall be done in any part of the protected site in connection with the construction of that work except necessary drainage work and landscaping of the site.

(3) No part of that work shall be constructed, and nothing shall be done in connection with the construction of that work, anywhere else unless—

(a) the southern boundary of the protected site is fenced; or

(b) that boundary has been fenced but the fencing has been temporarily removed because it was necessary to remove it in order to carry out necessary drainage work or landscaping of the site.

(4) In this paragraph “the protected site” means the area of land at Holywell Coombe in the district of Shepway (town of Folkestone) bounded on the southern side by a straight line between National Grid reference points 622058E 138078N and 622138E 138095N, on the western and eastern sides by straight lines passing due north from each of those points to the limit of deviation of Work No. 3 and on the northern side by that limit.

Arrangements and schemes for certain authorised development U.K.

8 (1) Where the bringing into use of any building, facility or work comprised in any authorised development will result in the emission of significant levels of noise, the building, facility or work shall not be brought into use unless measures for the suppression of that noise have been taken in accordance with arrangements approved, at the request of the Concessionaires, by the district planning authority. U.K.

(2) The district planning authority shall not refuse any approval required for the purposes of sub-paragraph (1) above unless they are satisfied that it is expedient to do so on the ground that the arrangements ought to be modified to preserve the amenity of the neighbourhood and are reasonably capable of being so modified.

9 (1) The land associated with any building, facility or work comprised in any authorised development shall be landscaped in accordance with a scheme approved, at the request of the Concessionaires, by the district planning authority. U.K.

(2) No building, facility or work so comprised shall be brought into use unless—

(a) a scheme for the landscaping of the land associated with it has been so approved; and

(b) any landscaping operations required by the scheme to have been completed before the building, facility or work is brought into use have been completed in accordance with the scheme.

(3) The district planning authority shall not refuse any approval required for the purposes of this paragraph unless they are satisfied that it is expedient to do so on the ground that the scheme ought to be modified to enhance the amenity of the neighbourhood or in the interests of nature conservation or of the preservation of a site of archaeological or historic interest and is reasonably capable of being so modified.

Consultation regarding County Council development U.K.

10 U.K. None of the development to which the planning permission deemed by section 9(3) of this Act to have been granted under Part III of the Act of 1971 relates shall be begun until the County Council have consulted the district planning authority with regard to the design of the development and the landscaping and noise screening to be undertaken in connection with the development.

Certificates for construction or use of certain authorised development U.K.

11 (1) Subject to sub-paragraph (2) below, the construction of the terminal area at Cheriton, Folkestone shall cease at the end of the period of six months beginning with the day it began unless the Secretary of State has, before the end of that period, certified either— U.K.

(a) that, in his opinion, adequate facilities for and in connection with public viewing of the construction have been provided; or

(b) that, in his opinion, the Concessionaires have taken all reasonable steps to provide such facilities;

and it shall not be begun again unless the Secretary of State has certified as mentioned either in paragraph (a) above or in paragraph (b) above.

(2) If it is intended to provide facilities for or in connection with public viewing of the construction of the terminal area within that area, sub-paragraph (1) above shall not apply in relation to the construction of the terminal area so far as it consists of work in connection with the provision of the facilities.

12 U.K. The inland clearance depot to be constructed at Ashford, in Kent, shall not be brought into use until the Secretary of State has—

(a) certified either—

(i) that, in his opinion, adequate refreshment and sleeping facilities for the use of drivers of vehicles using the depot have been provided within the limits of land to be acquired for the purposes of or in connection with the depot; or

(ii) that, in his opinion, the Concessionaires have taken all reasonable steps to provide such facilities; and

(b) certified, under paragraph 20(3) of Schedule 2 to this Act, completion of the construction of Work No. 17.

13 U.K. The tunnel system shall not be brought into use until the Secretary of State has certified either—

(a) that, in his opinion, adequate facilities for and in connection with public viewing of the operation of the terminal area at Cheriton, Folkestone have been provided; or

(b) that, in his opinion, the Concessionaires have taken all reasonable steps to provide such facilities.

14 (1) The Secretary of State shall consult the county and district planning authorities before giving any certificate for the purposes of paragraph 11, 12(a) or 13 above. U.K.

(2) Where the Secretary of State gives any such certificate as is mentioned in sub-paragraph (1) above he shall give a copy of the certificate to each of the authorities whom he was required by that sub-paragraph to consult before giving it.

(3) No failure on the part of the Secretary of State to comply with his obligations under sub-paragraph (1) or (2) above shall affect the validity of any certificate given by him for the purposes of paragraph 11, 12(a) or 13 above.

Working sites: discontinuance of operations and putting into condition U.K.

15 (1) Where any authorised development consists of or includes the carrying out on any working site within the limits of land to be acquired of operations ancillary to the construction of the tunnel system— U.K.

(a) those operations shall be discontinued before the end of the relevant period; and

(b) the Concessionaires shall, in accordance with a scheme agreed with the district planning authority or, in default of agreement or on notice being given by the Secretary of State to the authority and the Concessionaires, settled by him, put the site, except any part which is required either for use for or in connection with the operation of the tunnel system or for any of the Railways Board’s works, into such a condition as the scheme may provide.

(2) The relevant period is the period of ten years beginning with the date of the passing of this Act or such longer period as the Secretary of State may specify, after consultation with the district planning authority, at any time before the end of the period of ten years or of any period previously specified by him.

16 U.K. Where any development to which any planning permission granted by virtue of section 9(4) of this Act relates consists of or includes the carrying out on any working site within the limits of land to be acquired of operations ancillary to any of the Railways Board’s works—

(a) those operations shall be discontinued before the end of the period of ten years beginning with the date of the passing of this Act; and

(b) the Railways Board shall, in accordance with a scheme agreed, in the case of a working site in a London borough, with the borough planning authority and, in the case of a working site anywhere else, by the district planning authority or, in default of agreement or on notice being given by the Secretary of State to the authority and the Railways Board, settled by him, put the site, except any part which is required for any of the Railways Board’s works, into such a condition as the scheme may provide.

Nature, the countryside and archaeological and historic sites U.K.

17 (1) Where a request is made— U.K.

(a) for an approval under paragraph 2, 3, 5 or 9 above;

(b) for an approval of detailed plans and specifications which is required for the exercise of any planning permission granted by virtue of section 9(4) of this Act;

the planning authority shall, within five days of receiving it, commence any appropriate consultation with respect to it.

(2) The authority shall not take any decision in relation to the request until either they have received any representations which the body or bodies consulted wish to make or the period of 21 days from the commencement of consultation has ended.

(3) Before a planning authority agree a scheme under paragraph 6, 15 or 16 above they shall undertake any appropriate consultation with respect to it.

(4) In this paragraph “appropriate consultation” means—

(a) where the authority consider that nature conservation may be affected, consultation with [F4 English Nature];

(b) where they consider that the conservation of the natural beauty and amenity of the countryside (including nature conservation) may be affected, consultation with the [F5 Countryside Agency];

(c) where they consider that a site of archaeological or historic interest may be affected, consultation with the Historic Buildings and Monuments Commission for England.

Textual Amendments

F4 Words in Sch. 3 para. 17(4)(a) substituted (30.1.2001) by 2000 c. 37, ss. 73(4), 103(2), Sch. 8 para. 1(k)(ii)

F5 Words in Sch. 3 para. 17(4)(b) substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 12

Approvals: supplementary U.K.

18 U.K. A planning authority shall not be required to entertain any request for an approval required for the purposes of any provision of this Schedule unless the Concessionaires have deposited with them both—

(a) a plan showing the Concessionaires’ current proposals regarding the layout of the authorised development; and

(b) a schedule setting out the Concessionaires’ current proposals regarding the timetable for carrying it out.

19 (1) The Secretary of State may give directions to a planning authority requiring any request by the Concessionaires for an approval required for the purposes of any provision of this Schedule to be referred to him instead of being dealt with by them. U.K.

(2) A direction under this paragraph may relate either to a particular request or to requests of a class specified in the direction.

(3) A request in respect of which such a direction has effect shall be referred to the Secretary of State accordingly.

(4) The Secretary of State may refuse or impose conditions on an approval only on the grounds open to the authority required to refer the request for it.

(5) The determination by the Secretary of State of the request shall be final.

20 U.K. The Secretary of State may give directions to a planning authority restricting the grant, either indefinitely or during such period as may be specified in the directions, of a particular approval required for the purposes of any provision of this Schedule or of approvals so required of a class specified in the directions.

21 (1) Where the Concessionaires are aggrieved by the decision of a planning authority on any request for an approval required for the purposes of any provision of this Schedule, they may by notice under this sub-paragraph appeal to the Secretary of State whose decision on the appeal shall be final. U.K.

(2) Any notice under sub-paragraph (1) above shall be in writing and be served, within 28 days of notification of the decision to which it relates, on the Secretary of State and the authority whose decision is appealed against.

(3) On an appeal under this paragraph, the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against but may make a determination involving the refusal of, or imposition of conditions on, an approval only on the grounds open to that authority.

(4) Where the authority to whom a request for approval is made fail to notify the Concessionaires of their decision on that request within—

(a) the period of two months beginning with the date on which that request was made; or

(b) such extended period as may from time to time be agreed upon in writing between the authority and the Concessionaires;

the provisions of this paragraph shall apply in relation to the request as if the authority had refused it and as if they had notified the Concessionaires of their decision on the last day of the two month period or, where an extended period has been agreed, on the last day of that extended period.

(5) No appeal under section 36 of the Act of 1971 may be made against any decision in relation to which a right of appeal arises under this paragraph.

Section 35

SCHEDULE 4 U.K. The A20 Improvement Works

Part I U.K. The Authorised Works

Description of works U.K.

1 U.K. The works which the Secretary of State is authorised by section 35 of this Act to construct are the following—

In the district of Dover (town of Dover and parishes of Capel-le-Ferne and Hougham Without) and the district of Shepway (town of Folkestone and parish of Hawkinge), in the county of Kent—

• Work No. 31—A road forming the northern carriageway of a dual carriageway road, including a viaduct, commencing by a junction with the northern carriageway of the M20 at a point 90 metres west of the underpass whereby the footpath from Elvington Road to Biggins Wood Road passes under the M20, passing east and turning north-east over land known as Holywell Coombe by means of the viaduct, then in tunnel under Round Hill and Crete Road West (Pilgrims Way) and terminating on the west side of Canterbury Road (A260) at a point 55 metres north-west of the junction of that road with Alkham Valley Road (B2060):

• Work No. 32—A road forming the southern carriageway of the said dual carriageway road, including a viaduct, commencing by a junction with the southern carriageway of the M20 at the said point 90 metres west of the said underpass, passing east and turning north-east over the said land known as Holywell Coombe by means of the viaduct, then in tunnel under Round Hill and Crete Road West (Pilgrims Way) and terminating at a point 45 metres north-west of the junction of Canterbury Road with Alkham Valley Road:

• Work No. 33—A road comprising dual carriageways, commencing by junctions with Works Nos. 31 and 32 at their termination, passing north-east under Canterbury Road at a point 50 metres north of its junction with Alkham Valley Road, then along a line to the north of Alkham Valley Road, then crossing over that road by a bridge at a point 125 metres north-west of the entrance to Havenfield Lodge, then passing east, crossing under Cauldham Lane, Capel Street and Satmar Lane, then turning south-east and terminating at a roundabout forming a junction with the A20 (Works Nos. 44A and 44B) at a point 480 metres south-west of the entrance from that road to Court Wood:

• Work No. 34—A grade separated junction comprising—

  • Work No. 34A—A slip road commencing by a junction with Work No. 31 at a point 220 metres from its commencement and terminating at the entry to a northern junction roundabout (part of Work No. 34C) at a point 80 metres north of the northern end of the bridge carrying the M20 over Waterworks Lane;

  • Work No. 34B—A slip road commencing at the exit from the said northern junction roundabout and terminating by a junction with Work No. 31 at a point 280 metres east of the existing junction of Castle Hill with the Castle Hill Roundabout;

  • Work No. 34C—A road, including junction roundabouts at its commencement and termination and a bridge over Works Nos. 31 and 32, commencing at the said northern junction roundabout at the termination of Work No. 34A and terminating at a southern junction roundabout at a point 85 metres south of the said existing junction of Castle Hill with the Castle Hill Roundabout;

  • Work No. 34D—A realignment and alteration of the southern carriageway of the M20 to form a slip road, commencing at a point in the said carriageway 270 metres west of the southern end of the said bridge carrying the M20 over Waterworks Lane and terminating at the exit from the said southern junction roundabout;

  • Work No. 34E—A slip road commencing at the entry to the said southern junction roundabout and terminating by a junction with Work No. 32 at a point 400 metres east of the said existing junction of Castle Hill with the Castle Hill Roundabout;

  • Work No. 34F—A road in substitution for part of Churchill Avenue commencing by a junction with the said southern junction roundabout and terminating by a junction with the southern carriageway of Churchill Avenue at a point 440 metres east of that roundabout;

  • Work No. 34G—A realignment of Cherry Garden Avenue, commencing at the said southern junction roundabout and terminating at the junction of that road with Papworth Close;

  • Work No. 34H—A road in substitution for part of Castle Hill at its junction with the Castle Hill Roundabout, commencing by a junction with that road at a point 260 metres north of that roundabout, passing south-west and west and terminating at the northern junction roundabout at the termination of Work No. 34A:

• Work No. 35—A diversion and extension of Park Farm Road, commencing by a junction with Work No. 34F at a point 150 metres west of the termination of that work and terminating at a point in Park Farm Road 75 metres from its commencement:

• Work No. 36—A widening on the north side of Crete Road West (Pilgrims Way) between its junction with Gibraltar Lane and its junction with Canterbury Road at a point 235 metres south of the junction of that road with Alkham Valley Road:

• Work No. 37—A realignment of Canterbury Road and regrading of its junction with Alkham Valley Road, including a bridge over Works Nos. 33, 38A and 38C, commencing at a point in Canterbury Road 420 metres north of that road junction as existing and terminating at a point 250 metres south of that road junction:

• Work No. 38—Junctions of Works Nos. 31, 32 and 33 with Canterbury Road and Alkham Valley Road comprising—

  • Work No. 38A—A slip road commencing by a junction with Work No. 31 at a point 190 metres south-west of the termination of that work, passing under Canterbury Road and turning north and west to terminate at a roundabout forming a junction with that road at a point 240 metres north of its junction with Alkham Valley Road;

  • Work No. 38B—A slip road commencing at the said roundabout forming a junction with Canterbury Road at the termination of Work No. 38A and terminating by a junction with the northern carriageway of Work No. 33 at a point 385 metres south-west of the existing junction of Church Hill with Alkham Valley Road;

  • Work No. 38C—A slip road commencing by a junction with Work No. 32 at a point 80 metres south-west of the termination of that work, passing under Canterbury Road and terminating at a roundabout forming a junction with Alkham Valley Road at a point 340 metres from its junction with Canterbury Road;

  • Work No. 38D—A slip road commencing at the said roundabout forming a junction with Alkham Valley Road at the termination of Work No. 38C and terminating by a junction with the southern carriageway of Work No. 33 at a point 220 metres south-west of the said existing junction of Church Hill with Alkham Valley Road:

• Work No. 39—A road, including a bridge over Works Nos. 33 and 38D, in substitution for part of Church Hill at its junction with Alkham Valley Road, commencing by a junction with Alkham Valley Road at a point 100 metres north-east of the existing entrance to Coombe Farm, passing north, then turning north-east and terminating at a point in Church Hill 100 metres from the existing junction of that road with Alkham Valley Road:

• Work No. 40—A road in substitution for part of Crete Road East at its junction with Alkham Valley Road, commencing by a junction with Alkham Valley Road at a point 30 metres east of the existing entrance to Havenfield Lodge and terminating at a point in Crete Road East 15 metres south-west of the entrance to Havenfield Hall:

• Work No. 41—A diversion of Cauldham Lane, including a bridge over Work No. 33, commencing at a point in that road 125 metres south of its junction with the road to Lower Stenden Farm and terminating at a point in Cauldham Lane at its junction with Hurst Lane:

• Work No. 42—A realignment and regrading of Capel Street, including a bridge over Work No. 33, commencing at a point in that road 150 metres south-west of its junction with Satmar Lane and terminating at a point in Capel Street 180 metres north of its junction with Hurst Lane:

• Work No. 43—A diversion of Satmar Lane, including a bridge over Work No. 33, commencing at a point in that road 560 metres south-west of its junction with Crook’s Court Lane and terminating at a point in Satmar Lane 300 metres north-east of Ivy Farm:

• Work No. 44—A junction of Work No. 33 with the A20 at Court Wood comprising—

  • Work No. 44A—A diversion of the A20 as existing, commencing at a point in that road 310 metres east of the existing entrance to Abbots Land Farm and terminating at the said roundabout at the termination of Work No. 33;

  • Work No. 44B—A diversion of the A20 as existing, commencing at the said roundabout at the termination of Work No. 33 and terminating at a point in the A20 95 metres west of the entrance to Court Wood.

Limits of deviation U.K.

2 U.K. In their construction—

(a) each of the works described in paragraph 1 above may deviate from the line or situation shown for that work on the deposited plans to the extent of the limits of deviation so shown;

(b) so much of each of Works Nos. 31 and 32 as lies between its commencement and the point at which it passes into tunnel under Round Hill may deviate from the level shown for that part of that work on the deposited sections to the extent of 1.5 metres upwards and to any extent downwards; and

(c) each of the works described in paragraph 1 above, other than the parts of Works Nos. 31 and 32 specified in sub-paragraph (b) above, may deviate from the level shown for that work or, in the case of Works Nos. 31 and 32, that part of that work on the deposited sections to the extent of 3 metres upwards and to any extent downwards.

Interpretation of Part I U.K.

3 U.K. In paragraph 1 above, “A20” means the trunk road from Folkestone to Dover so classified.

Part II U.K. Interference with Highways

Stopping up of highways U.K.

4 (1) Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A20 improvement works, stop up each of the highways or parts thereof specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table and any other bridleways or footpaths within the limits of deviation for the works authorised by Part IV of this Act, and thereupon all rights of way over or along the highway or part thereof so stopped up shall be extinguished. U.K.

(2) The existing highways or part thereof specified in columns (1) and (2) of Part II of the following table shall not be stopped up under this paragraph until the new highway to be substituted therefor specified as aforesaid, or by reference to works authorised by Part IV of this Act, in column (3) of that Part of the table in relation to each such existing highway or part thereof has been completed in accordance with sub-paragraph (4) below.

Part I U.K. Highways to be stopped up

The Table

(1)	(2)
Area	Length of highway to be stopped up
District of Shepway, town of Folkestone	Footpath and access track from DB1 to DB2
	Road (Castle Hill) from DC1 to DC2
	Road (part of Churchill Avenue (A20)) from DD1 to DD2
	Road (Park Farm Road) from DE1 to DE2
	Road (Crete Road West) from DF1 to DF2
	Footpath from DG1 to DG2
District of Shepway, parish of Hawkinge	Footpath from DH1 to DH2
	Footpath and access track from DI1 to DI2
District of Dover, parish of Capel-le-Ferne	Footpath from DL1 to DL4
	Footpath from DN1 to DN2
	Footpath from DP1 to DP2
	Footpath from DP3 to DP4
	Road (Satmar Lane) from DR1 to DR2
	Footpath from DS1 to DS2

Part II U.K. Highways to be stopped up and new highways substituted therefor

(1)	(2)	(3)
Area	Highway or part to be stopped up	New highway to be substituted therefor
District of Shepway, town of Folkestone	Footpath and access track from DA1 to DA2	New footpath from DA1 to N3
District of Shepway, parish of Hawkinge	Road (Church Hill) from DJ1 to DJ2	Work No. 39
	Road (Crete Road East) from DK1 to DK2	Work No. 40
District of Dover, parish of Capel-le-Ferne	Footpath from DL2 to DL3	New footpath from DL2 to DL5
	Road (Cauldham Lane) from DM1 to DM2	Work No. 41
	Footpath from DO1 to DO4 and DO2 to DO5	New footpath from DO1 to DO3
District of Dover, parishes of Capel-le-Ferne and Hougham Without	Byway from DT1 to DT2, footpath from DW1 to DW2 and footpath from DX1 to DX2	New bridleway from DT1 to DT3 to DW1 to DX2
	Road (Satmar Lane) from DU1 to DU2	Work No. 43
		New footpath from DV2 southward along the line of the existing road to the new bridleway between DT3 and DW1
District of Dover, parish of Hougham Without	Road (A20) from DY1 to DY2	Works Nos. 44A and 44B
		New footpath from DY1 to DY2 (part of Works Nos. 44A and 44B)

(3) No part of any highway shall be stopped up under this paragraph until the Secretary of State is in possession of all lands abutting on both sides of that part of the highway except so far as the owners, lessees and occupiers of those lands may otherwise agree.

(4) No part of any highway specified in Part II of the above table in this paragraph shall be stopped up under this paragraph until the Secretary of State is satisfied that the new highway to be substituted therefor has been completed and is open for public use.

(5) Any person who suffers loss by the extinguishment of any private right under this paragraph shall be entitled to compensation to be determined, in case of dispute, under and in accordance with Part I of the M31 Land Compensation Act 1961.

Marginal Citations

M31 1961 c. 33.

Temporary interference with highways U.K.

5 (1) The Secretary of State may, for the purpose of constructing or maintaining the A20 improvement works, temporarily stop up, open, break up or interfere with, or alter or divert, the whole or any part of any highway within the limits of deviation for the works authorised by Part IV of this Act or the limits of land to be acquired, and may carry out and do all necessary works and things for, or in connection with, the stopping up, opening, breaking up, interference, alteration or diversion and for keeping the highway open for traffic. U.K.

(2) The Secretary of State shall provide reasonable access for all persons, with or without vehicles, going to or returning from premises abutting on any highway affected by the exercise of the powers conferred by this paragraph.

Part III U.K. Miscellaneous

Status of new highways U.K.

6 (1) On the date on which this Act is passed the roads mentioned in sub-paragraph (2) below shall become trunk roads and special roads for the exclusive use of traffic of Classes I and II of the classes of traffic specified in Schedule 4 to the M32 Highways Act 1980 as if the provision by him of special roads along the route of those roads had been authorised by a scheme made by the Secretary of State under section 16 of that Act— U.K.

(a) prescribing that route as the route for the special roads;

(b) prescribing both those classes of traffic; and

(c) specifying that date as the date on which those special roads were to become trunk roads.

(2) The roads to which sub-paragraph (1) above applies are—

(a) so much of the roads forming Works Nos. 31 and 32 as lie, in the case of Work No. 31, between its commencement and a point on the road 690 metres from that commencement and, in the case of Work No. 32, between its commencement and a point on the road 875 metres from that commencement; and

(b) the slip roads forming or forming part of Works Nos. 34A and 34D.

(3) On the date on which this Act is passed the roads mentioned in sub-paragraph (4) below shall become trunk roads as if they had become so by virtue of an order under section 10(2) of the M33 Highways Act 1980 specifying that date as the date on which they were to become trunk roads.

(4) Those roads are—

(a) such parts of the roads forming Works Nos. 31 and 32 as do not on that date become trunk roads and special roads by virtue of sub-paragraph (1) above;

(b) the roads forming Works Nos. 33, 34F, 44A and 44B; and

(c) the slip roads forming or forming part of Works Nos. 34B and 34E and the trunk road parts of Works Nos. 38A, 38B, 38C and 38D.

(5) The roads forming—

(a) in the case of each of Works Nos. 38A and 38C, the part from its commencement to a point certified by the Secretary of State for the purposes of sub-paragraph (4)(c) above; and

(b) in the case of each of Works Nos. 38B and 38D, the part from a point so certified to its termination;

shall be the trunk road parts of those works for those purposes.

Marginal Citations

M32 1980 c. 66.

M33 1980 c. 66.

7 (1) On the date certified by the Secretary of State as the date on which any highway constructed in pursuance of this Schedule, other than one to which paragraph 6 above applies, is open for public use, that highway shall be transferred to the Kent County Council and, following that transfer, shall be treated for the purposes of the Highways Act 1980 as if it had been so transferred by virtue of an order made under the provision of that Act which applies in relation to its construction by virtue of paragraph 8 below. U.K.

(2) The Secretary of State may classify any highway proposed to be constructed in pursuance of this Schedule, other than one to which paragraph 6 above applies, in any manner in which, and for any purposes for which, he could classify that highway under section 12(3) of that Act.

(3) On the date of its transfer under sub-paragraph (1) above to the Kent County Council any highway classified under sub-paragraph (2) above shall become a highway classified in the manner and for the purposes in question as if so classified under section 12(3) of that Act.

Regulation of construction of works U.K.

8 U.K. The construction by the Secretary of State of a highway in pursuance of this Act shall be treated as the construction of a highway in pursuance of—

(a) a scheme under section 16 of the Highways Act 1980, in the case of the roads mentioned in paragraph 6(2) above;

(b) section 24(1) of that Act, in the case of the roads mentioned in paragraph 6(4) above;

(c) an order under section 18 of that Act made in relation to the roads which become trunk roads and special roads by virtue of paragraph 6(1) above, in the case of the road forming Work No. 34C; and

(d) an order under section 14 of that Act made in relation to the roads which become trunk roads by virtue of paragraph 6(3) above, in any other case.

Status of ancillary operations and works U.K.

9 (1) The carrying out of any of the A20 improvement works which is not the construction of a highway and the stopping up of any highway in pursuance of Part II of this Schedule shall be treated as having been authorised by an order under section 14 of the M34 Highways Act 1980 made in relation to the roads which become trunk roads by virtue of paragraph 6(3) above. U.K.

(2) Subject to sections 21 and 22 of that Act as they apply by virtue of sub-paragraph (1) above, the stopping up of any highway in pursuance of Part II of this Schedule shall not affect any rights—

(a) of statutory undertakers in respect of any apparatus of theirs which immediately before the date on which this Act is passed is under, in, on, over, along or across that highway; or

(b) of any sewerage authority in respect of any sewers or sewage disposal works of theirs which immediately before that date are under, in, on, over, along or across that highway.

Marginal Citations

M34 1980 c.66.

Application of Highways Act powers to provisions of this Schedule U.K.

10 (1) Any provision of Part I or II of this Schedule relating to any operation or work which by virtue of any of the preceding provisions of this Part of this Schedule is to be treated as authorised by an order under section 14 or 18 of the Highways Act 1980 shall be treated for the purposes of that Act as provisions of such an order. U.K.

(2) The provisions of paragraph 6(1) above shall be treated for those purposes as provisions of a scheme under section 16 of that Act.

Regulation of traffic on new roads U.K.

11 (1) Subject to sub-paragraph (2) below, any power under the M35 Road Traffic Regulation Act 1984 to make an order or to give a direction with respect to any road shall be exercisable in relation to any road forming or forming part of any of the A20 improvement works before that road is open for public use, in any case where it appears to the Secretary of State to be expedient that the order or (as the case may be) the direction should have effect immediately on the road’s becoming open for public use. U.K.

(2) The procedure otherwise applicable under that Act in relation to the making of any such order or the giving of any such direction shall apply in any such case with such modifications as the Secretary of State may determine; and he shall publish notice of those modifications in such manner as appears to him to be appropriate for bringing them to the notice of persons likely to be affected by the provisions of any such order or (as the case may be) by any such direction.

Marginal Citations

M35 1984 c.27.

Section 37.

SCHEDULE 5 U.K. Supplementary Provisions as to Acquisition of Land

Part I U.K. Purposes for which Certain Land may be Acquired or Used Under Section 8

Section A U.K. Purposes of the Concessionaires

(1)	(2)	(3)
Area	Number of land shown on deposited plans	Purpose for which land may be acquired or used
Borough of Ashford—
parish of Sevington	1 to 8	The construction of an inland clearance depot, the provision of road vehicle parks and landscaping and a working site and access for construction purposes.
District of Shepway—
parish of Newington	4, 5, 7, 25, 26, 35 and 36	The provision of a working site and access for construction purposes.
	30 to 35 and 37	The provision of drainage, a working site and access for construction and maintenance purposes.
District of Shepway—
town of Folkestone
parish of Newington	3 to 37, 48 to 52, 60 to 65 and 82	The construction of a terminal area (including loading platforms, bridges, railway sidings and premises) at Cheriton, Folkestone and the provision of working sites and access for construction purposes.
District of Shepway—
town of Folkestone	30 to 44	The provision of drainage and access for construction and maintenance purposes.
	51 and 55	The provision of a working site and access for construction purposes.
	51 and 54	The provision of facilities north of Churchill Avenue for operation and maintenance purposes, the provision of a working site and access for construction purposes.
District of Dover—
town of Dover	7, 8 and 9	The provision of a working site and access for construction purposes.
	9 to 18	The provision of working and camp sites and access for construction purposes.
	22 to 31	The provision of a working site and access for construction purposes and the construction and maintenance of a shaft and facilities for operation and maintenance purposes.
	35 and 36	The construction of railway sidings at the Old Dover Colliery site, the provision of a working site and the provision of facilities for operation and maintenance purposes.
	33 and 34	The operation and maintenance of the existing road access tunnel between the Old Folkestone Road and the Old Dover Colliery site and the existing adit from the Old Dover Colliery site.
	33 to 36	The provision of working sites and access for construction and maintenance purposes.

Section B U.K. Purposes of the Railways Board

(1)	(2)	(3)
Area	Number of land shown on deposited plans	Purpose for which land may be acquired or used
London borough of Hammersmith and Fulham	2	The construction of a retaining wall and provision of access for vehicles for the purposes of maintenance.
London borough of Wandsworth	9 to 13 and 16 to 18	The provision of a working site for construction of Works Nos. 23, 23A and 23B, and means of access for vehicles for the purposes of maintenance, to Stewart’s Road at the point marked E on the deposited plans, Corunna Terrace at the point so marked F, and Linford Street at the points so marked G and H.
District of Shepway—
parish of Newington	25, 26 and 35	The construction of railway sidings at Dolland’s Moor.

Part II U.K. Purposes for which Certain Land may be Acquired or Used under Section 36

(1)	(2)	(3)
Area	Number of land shown on deposited plans	Purpose for which land may be acquired or used
District of Dover—
parish of Capel-le-Ferne	107	The landscaping of the works and land formation.
parish of Hougham Without	2	The landscaping of the works and land formation.

Part III U.K. Supplementary

Provision enabling owners and lessees to require purchase of their interests U.K.

1 (1) If the Secretary of State makes an order under section 38(1) of this Act extending the time within which a notice to treat may be served in respect of any land the following provisions of this paragraph shall have effect as from the coming into operation of that order. U.K.

(2) If any owner or lessee of any of that land gives notice in writing to the appropriate authority that he desires his interest in any part of the land specified in the notice to be acquired by the appropriate authority, the appropriate authority shall, within the period of three months after the receipt of such notice—

(a) enter into an agreement with him for the acquisition of his interest in the land or such part thereof as may be specified in the agreement; or

(b) serve on him a notice to treat for the compulsory acquisition of his interest in the land specified in his notice, or in such part thereof as may be required by the appropriate authority; or

(c) serve on him notice in writing of their intention not to proceed with the purchase of his interest in the land specified in his notice.

(3) Where notice is given under sub-paragraph (2) above by an owner or lessee in respect of his interest in land specified in the notice, then—

(a) if the appropriate authority—

(i) fails to comply with the requirements of that sub-paragraph; or

(ii) withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph; or

(iii) serves on him notice in compliance with paragraph (c) of that sub-paragraph;

the power of the appropriate authority to serve a notice to treat in respect of that person’s interest in the land so specified shall cease; or

(b) if the owner’s or lessee’s interest in part only of that land is acquired in pursuance of an agreement under paragraph (a) of that sub-paragraph, or a notice to treat served by virtue of paragraph (b) of that sub-paragraph, the power of the appropriate authority to serve a notice to treat in respect of that person’s interest in the remainder of that land shall cease.

(4) In this paragraph “lessee” means a person who holds an interest under a lease for a period of which not less than 21 years is unexpired at the date of the giving of any notice by that person under sub-paragraph (2) above.

(5) This paragraph shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than 9 metres below the surface of the land or, in the case of a work below a watercourse or other area of water, the surface of the adjoining ground which is at all times above water level.

Acquisition of subsoil or rights in land U.K.

2 (1) The appropriate authority may, under section 8 or 36 of this Act— U.K.

(a) acquire only so much as may be required for the purposes mentioned in those sections of the subsoil and under-surface of; or

(b) create and acquire such easements or rights as may be required for those purposes in;

any land to which that section relates, not being land specified in the table in sub-paragraph (3) below, without being required to acquire any greater interest.

(2) The provisions of Part I of the M36 Compulsory Purchase Act 1965, as applied by section 37 of this Act, and the enactments relating to compensation for the compulsory purchase of land, shall with the necessary modifications (including the adaptations of that Part of that Act specified in paragraph 8 below) have effect in relation to the creation and acquisition of such easements or rights as if it were the purchase of land within the meaning of that Part of that Act, and any notice to treat in respect of any such easement or right shall describe its nature.

(3) Notwithstanding the provisions of section 8 of this Act, the Secretary of State shall not acquire compulsorily under that section any interest in any part of any land specified in the following table, except the subsoil or under-surface or easements or rights in the subsoil and under-surface as provided by sub-paragraph (1) above—

The Table

(1)	(2)
Area	Number of land shown on deposited plans
District of Shepway—
town of Folkestone	59 to 88
parish of Hawkinge	1 to 17
District of Dover—
parish of Capel-le-Ferne	1 to 98
parish of Hougham Without	1 and 3 to 51
town of Dover	1 to 6, 19, 20, 21 and 32

(4) For the purposes of sub-paragraph (3) above the subsoil and under-surface of any land specified in the table in that sub-paragraph shall not include any subsoil or under-surface which is within 9 metres of the level of the surface of the ground or, in the case of a building on the land, the level of the surface of the ground adjoining the building or, in the case of a watercourse or other area of water, the level of the surface of the adjoining ground which is at all times above water level.

Marginal Citations

M36 1965 c.56.

Acquisition of part only of certain properties U.K.

3 (1) Where a copy of this paragraph is endorsed on, or annexed to, a notice to treat served under Part I of the M37 Compulsory Purchase Act 1965, as applied by section 37 of this Act, the following provisions of this paragraph shall apply to the land subject to the notice instead of section 8(1) of that Act. U.K.

(2) Where the land subject to the notice is part only of a house, building or factory, or part only of land consisting of a house together with any park or garden belonging thereto, then, if the person on whom the notice is served, within the period of two months beginning with the day on which the notice is served on him, serves on the appropriate authority a counter-notice objecting to the sale of the part and stating that he is willing and able to sell the whole (in this paragraph below referred to as “the land subject to the counter-notice”), the question whether he shall be required to sell the part shall, unless the appropriate authority agrees to take the land subject to the counter-notice, be referred to the Lands Tribunal.

(3) If the said person does not serve such a counter-notice as aforesaid within the period of two months beginning with the day on which the notice to treat is served on him, or if on such a reference to the Lands Tribunal the tribunal determines that the part subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, in the case of part of any land consisting of a house together with a park or garden belonging thereto, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the said person shall be required to sell the part.

(4) If, on such a reference to the Lands Tribunal, the tribunal determines that part only of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the notice to treat shall be deemed to be a notice to treat for that part.

(5) If, on such a reference to the Lands Tribunal, the tribunal determines that the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice but that the material detriment is confined to a part of the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the appropriate authority is authorised to acquire compulsorily under section 8 or 36 of this Act.

(6) If the appropriate authority agrees to take the land subject to the counter-notice, or if the Lands Tribunal determines that—

(a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or (as the case may be) without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and

(b) the material detriment is not confined to a part of the land subject to the counter-notice;

the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice, whether or not the whole of that land is land which the appropriate authority is authorised to acquire compulsorily under section 8 or 36 of this Act.

(7) In any case where, by virtue of a determination by the Lands Tribunal under sub-paragraph (4), (5) or (6) above, a notice to treat is deemed to be a notice to treat for part of the land specified in the notice or for more land than is specified in the notice, the appropriate authority may, within six weeks after the tribunal makes its determination, withdraw the notice to treat and, if this is done, shall pay to the person on whom the notice to treat was served compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in default of agreement by the tribunal.

(8) For the purposes of sub-paragraph (7) above, the determination shall not be deemed to be made so long as—

(a) the time for requiring the tribunal to state a case with respect to the determination has not expired;

(b) any proceedings on points raised by a case so stated have not been concluded; or

(c) any proceedings on appeal from any decision on points raised by a case so stated have not been concluded.

(9) Where a person is required under this paragraph to sell part only of a house, building or factory, or of land consisting of a house together with any park or garden belonging thereto, compensation shall be payable to him for any loss sustained by him due to the severance of that part in addition to the value of his interest therein.

Marginal Citations

M37 1965 c.65.

Minerals U.K.

4 (1) Subject to sub-paragraph (2) below, Parts II and III of Schedule 2 to the M38 Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to lands within the limits of land to be acquired as if those lands were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule. U.K.

(2) In the application of that Schedule to lands which the Secretary of State is authorised to acquire under section 36 of this Act, the prescribed distance in relation to any seam of minerals lying under land adjoining works forming part of the A20 improvement works shall be such a lateral distance from those works on every side as is equal at every point along those works to one half of the depth of the seam below the natural surface of the ground at that point or forty yards, whichever is the greater.

Marginal Citations

M38 1981 c.67.

Extinguishment of private rights of way U.K.

5 (1) All private rights of way over any land which may be acquired compulsorily under this Act shall be extinguished on the acquisition of the land, whether compulsorily or by agreement, or on the entry on the land in pursuance of section 11(1) of the M39 Compulsory Purchase Act 1965, as applied by section 37 of this Act, whichever is sooner. U.K.

(2) Any person who suffers loss by the extinguishment of any right under this paragraph shall be entitled to compensation.

Marginal Citations

M39 1965 c.56.

Provisions as to compensation U.K.

6 (1) In determining a question with respect to compensation claimed in consequence of the compulsory acquisition of land under this Act, the Lands Tribunal shall not take into account— U.K.

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made, whether on the land acquired or on any other land with which the claimant is (or was at the time of the erection, execution or making of the building, works, improvement or alteration) directly or indirectly concerned;

if the tribunal are satisfied that the creation of the interest, or (as the case may be) the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) Any dispute as to a person’s entitlement to compensation under any provision of this paragraph, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the M40 Land Compensation Act 1961.

Marginal Citations

M40 1961 c.33.

Correction of deposited plans U.K.

7 (1) If the deposited plans or the book of reference to those plans are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the appropriate authority, after giving not less than ten days’ notice to the owner, lessee and occupier of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction thereof. U.K.

(2) If on any such application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices shall certify accordingly and shall in their certificate state in what respect any matter is misstated or wrongly described.

(3) The certificate shall be deposited in the office of the Clerk of the Parliaments and a copy thereof in the Private Bill Office of the House of Commons and with the proper officer of each County Council or London Borough Council in whose area is situated the land to which the certificate relates, and thereupon the deposited plans or the book of reference thereto (as the case may be) shall be deemed to be corrected according to the certificate, and it shall be lawful for the appropriate authority, in accordance with the certificate, to proceed under this Act as if the deposited plans or the book of reference had always been in the corrected form.

(4) A person with whom a copy of the certificate is deposited under this paragraph shall keep it with the documents to which it relates.

Adaptation of Part I of the M41 Compulsory Purchase Act 1965 U.K.

Marginal Citations

M41 1965 c.56.

8 U.K. In relation to the compulsory creation and acquisition of an easement or right in land (in any enactment amended by this paragraph referred to as “a right over land”) by virtue of paragraph 2 above, Part I of the Compulsory Purchase Act 1965 applies with the following modifications—

(a) For section 7 (which relates to compensation) there shall be substituted the following—

“7 (1) In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is purchased is depreciated by the purchase but also to the damage, if any, to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.

(2) The modifications subject to which subsection (1) of section 44 of the M42 Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that for the words “land is acquired or taken” there shall be substituted “a right over land is purchased” and for the words “acquired or taken from him” there shall be substituted “over which the right is exercisable”.”;

(b) For section 8(1) (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following—

“8 (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or factory or of a park or garden belonging to a house (hereafter in this subsection referred to as “the relevant land”)—

(a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Lands Tribunal (hereafter in this section referred to as “the Tribunal”); and

(b) before the Tribunal has determined that question the person satisfies the Tribunal that he has an interest which he is able and willing to sell in the whole of the relevant land; and—

(i) where that land consists of a house, building or factory, that it cannot be made subject to the right without material detriment to it; or

(ii) where that land consists of such a park or garden, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house to which it belongs;

the compulsory purchase order shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the Tribunal directs.

(1A) Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1) above shall be determined by the Tribunal.

(1B) Where in consequence of a determination of the Tribunal that it is satisfied as mentioned in subsection (1) above the compulsory purchase order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the acquiring authority to withdraw the notice.

(1C) The modifications subject to which subsection (1) of section 58 of the M43 Land Compensation Act 1973 is to have effect, as applied by subsection (2) of that section to the duty of the Tribunal in determining whether it is satisfied as mentioned in subsection (1) above, are that at the beginning of paragraphs (a) and (b) there shall be inserted the words “a right over”, for the word “severance” there shall be substituted “right on the whole of the house, building or factory or of the house and the park or garden” and for the words “part proposed” and “part is” there shall be substituted respectively “rights proposed” and “right is”.”;

(c) The following provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land, namely—

section 9(4) (failure of owners to convey);

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

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

paragraphs 2(3) and 7(2) of Schedule 4 (common land);

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority;

(d) Section 11 (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff’s warrant in the event of obstruction) shall be modified correspondingly;

(e) Section 20 (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question;

(f) Section 22 (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right in question, subject to compliance with that section as respects compensation; and

(g) Paragraph 2(1) of Schedule 1 (power of owners to sell to the acquiring authority) shall be modified to empower all persons who are seised or possessed of or entitled to any of the land over which a right is required by the acquiring authority to grant that right to the authority and to enter all necessary agreements for the purpose.

Marginal Citations

M42 1973 c.26.

M43 1973 c. 26.

Section 43.

SCHEDULE 6 U.K. Application of Railway Regulation Enactments

Tunnel system railway to be a “railway” under the M44 Regulation of Railways Act 1871 U.K.

Marginal Citations

M44 1871 c. 78.

1 U.K. In section 2 of the Regulation of Railways Act 1871 (interpretation of terms), in the definition of “railway” there shall be inserted after the word “Parliament”, where it first occurs, the words “ the Channel Tunnel Act 1987 ”.

Disapplication of enactments in the case of the Concessionaires and through service operators U.K.

2 U.K. [F6 Section] 4 (duty of railway company to make returns of overtime worked by certain employees) F7 . . . of the M45 Regulation of Railways Act 1889 and the M46 Railway Companies (Accounts and Returns) Act 1911 shall not apply to the Concessionaires or to any through service operator.

Textual Amendments

F6 Word in Sch. 6 para. 2 substituted (1.4.1994) by 1993 c. 43, ss. 150(1)(o), 152(1), Sch. 12 para. 27; S.I. 1994/571, art. 5

F7 Words in Sch. 6 para. 2 repealed (1.4.1994) by 1993 c. 43, ss. 150(1)(o), 152(3), Sch.14; S.I. 1994/571, art. 5

Marginal Citations

M45 1889 c. 57.

M46 1911 c. 34.

Extension of enactments in relation to through service operators U.K.

3 U.K. In the following enactments, the expressions “company” and “railway company” shall be treated as including (in so far as they do not already do so) any through service operator—

section 16 of the M47 Railway Regulation Act 1840 (obstruction of officers of railway company);

sections 22 (provision and improper use of means of communication) and 25 (arbitration of compensation for railway accidents) of the M48 Regulation of Railways Act 1868;

sections 3 and 4 (inspection of railways) [F8 and 6]and 7 ([F8 returns of and] inquiries into railway accidents) of the Regulation of Railways Act 1871;

sections 1(1)(c) (power of Secretary of State to make orders in relation to the provision and use of brakes on passenger trains) and 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889; and

[F8 section 43 of the M49 Road and Rail Traffic Act 1933 (which modifes section 6 of the Act of 1871).]

Textual Amendments

F8 Words in Sch. 6 para. 3 repealed (E.W.S.)(1.4.1994) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt.I; S.I. 1994/571, art. 5

Marginal Citations

M47 1840 c. 97.

M48 1868 c. 119.

M49 1933 c. 53.

Modification of enactments applying to Concessionaires and through service operators U.K.

4 (1) In their application to— U.K.

(a) the Concessionaires or any through service operator;

(b) any railway of the Concessionaires or any station or other works or premises connected therewith; or

(c) any train of the Concessionaires or any through service operator;

the enactments specified in column (1) of the following table (which create the offences broadly described in column (2) of the table) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in the enactment were, instead of that specified in column (3) of the table, a fine not exceeding the level specified in column (4) of the table.

The Table

(1)	(2)	(3)	(4)
Enactment	Description of offence	Maximum fine otherwise applicable (level on standard scale)	Maximum fine (level on standard scale)
Section 16 of the M50 Railway Regulation Act 1840.	Obstruction of officers of railway company or trespass upon railway.	Level 1	Level 3
Section 17 of the M51 Railway Regulation Act 1842.	Misconduct of persons employed on railways.	Level 1	Level 3
Section 22 of the M52 Regulation of Railways Act 1868.	Provision and improper use of means of communication.	Level 1	Level 2
The M53 Regulation of Railways Act 1889—
section 5(1).	Failure to produce ticket, to pay fare or to give name and address.	Level 1	Level 2
section 5(3).	Travel with intent to avoid payment of fare.	Level 2	Level 3

(2) In such application—

(a) section 16 of the Act of 1840 shall have effect as if the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding one month; and

(b) section 17 of the Act of 1842 shall have effect as if, instead of the power to award imprisonment for a period not exceeding two months, the court had power to award imprisonment for a period not exceeding three months; and

(c) section 5(2) of the Act of 1889 (power to arrest passenger who fails to produce ticket and refuses to give his name and address) shall have effect as if after the word “refuses” there were inserted the words “ or fails ”.

Marginal Citations

M50 1840 c. 97.

M51 1842 c. 55.

M52 1868 c. 119.

M53 1889 c. 57.

Extension of sections 55 and 56 of the M54 British Transport Commission Act 1949 in relation to the tunnel system railway U.K.

Marginal Citations

M54 1949 c. xxix.

5 U.K. Sections 55 (penalty for trespass on railways, etc.) and 56 (penalty for stone throwing, etc., on railways) of the British Transport Commission Act 1949 shall apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work comprised in the tunnel system as they apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work belonging to [F9 a successor of the British Railways Board within the meaning of the M55 Railways Act 1993 (Consequential Modifications) (No.2) Order 1999] .

Textual Amendments

F9 Words in Sch. 6 para. 5 substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 15; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions in Sch. 2 Pt. II)

Marginal Citations

M55 S.I. 1999/1998.

Interpretation U.K.

6 U.K. In this Schedule “through service operator” means a person, other than the Concessionaires or the Railways Board, operating services for the carriage of passengers or goods by rail by way of the tunnel system.

Section 45.

SCHEDULE 7 U.K. Protective Provisions

Part I U.K. Highways and Traffic

1 (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the appropriate authority and the highway authority concerned, have effect for the protection of the highway authorities referred to in this Part. U.K.

(2) In this Part of this Schedule—

• “appropriate authority” does not include the Secretary of State or the County Council;

• “highway” means a highway maintainable by the highway authority;

• “highway authority” means—

(a) in the case of a trunk road, the Secretary of State ; and

(b) in the case of other highways, the local highway authority.

2 U.K. Wherever in this Part of this Schedule provision is made with respect to the approval or consent of the highway authority, that approval or consent shall be in writing and subject to such reasonable terms and conditions as the highway authority may require, but shall not be unreasonably withheld.

3 U.K. Before carrying out any work for the construction or maintenance of any part of the works authorised by this Act which will involve interference with a highway, or the traffic in any highway, or before temporarily stopping up any highway, the appropriate authority shall consult the highway authority—

(a) as to the time when the work shall be commenced, and as to the extent of the surface of the highway which it may be reasonably necessary for the appropriate authority to occupy, or the nature of the interference which may be caused to traffic in the carrying out of the work, or as to the time during which, and the extent to which, the highway shall be stopped up (as the case may be); and

(b) as to the conditions under which the work shall be carried out or the highway shall be stopped up (as the case may be);

so as to reduce so far as possible inconvenience to the public and to ensure the safety of the public.

4 (1) Any such work involving interference with a highway shall not be carried out, the surface of the highway shall not be occupied, the highway shall not be stopped up by the appropriate authority and the interference with traffic shall not be caused except at such time, to such extent and in accordance with such conditions as may be submitted to and approved by the highway authority. U.K.

(2) If, within 28 days after the submission to them of proposals for compliance with this paragraph, the highway authority have not approved them or disapproved them, they shall be deemed to have approved the proposals as submitted.

5 U.K. The highway authority may require that the works authorised by this Act, so far as they involve any serious interference with the movement of traffic in any highway, shall be carried on, so far as reasonably practicable, continuously day and night and the appropriate authority shall take all such steps as may be reasonably necessary to reduce so far as possible the period of such interference.

6 U.K. It shall not be lawful for the appropriate authority in exercise of their powers under this Act to place any hoardings on any part of any highway except for such period and in such manner as shall be reasonably necessary.

7 (1) The appropriate authority shall not, without the consent of the highway authority, make a junction between any road and a highway or an intended highway except in accordance with plans, sections and specifications submitted to and approved by the highway authority and if, within 28 days after such plans, sections and specifications have been submitted, the highway authority have not approved or disapproved them, they shall be deemed to have approved the plans, sections and specifications as submitted. U.K.

(2) For the purposes of this paragraph the plans, sections and specifications of a junction with a highway or intended highway shall include plans, sections and specifications of all works within the highway or (as the case may be) intended highway which are required for the purposes of or in connection with the junction.

8 U.K. The appropriate authority shall not, without the consent of the highway authority, construct any part of the works authorised by this Act under and within 8 metres of the surface of any highway except in accordance with plans and sections submitted to, and approved by, the highway authority and if within 28 days after such plans and sections have been submitted the highway authority have not approved or disapproved them, they shall be deemed to have approved the plans and sections as submitted.

9 U.K. In the construction of any part of the said works under a highway no part thereof shall, except with the consent of the highway authority, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than two metres to the surface of the highway.

10 (1) The provisions of this paragraph have effect in relation to, and to the construction of, any new bridge, or any extension or alteration of an existing bridge, carrying any part of the works authorised by this Act over a highway or carrying a highway over any part of those works, and any such new bridge, or (as the case may be) any bridge so extended or altered, is in this paragraph referred to as “the bridge”. U.K.

(2) Before commencing the construction of, or the carrying out of any work in connection with, the bridge which involves interference with a highway, the appropriate authority shall submit to the highway authority for their approval plans, sections, drawings and particulars (below in this paragraph referred to as “plans”) relating thereto, and the bridge shall not be constructed and the works shall not be carried out except in accordance with the plans submitted to, and approved by, the highway authority.

(3) If within 28 days after the plans have been submitted the highway authority have not approved or disapproved them, they shall be deemed to have approved the plans as submitted.

(4) Any part of the construction of the bridge or any part of any work as aforesaid which involves interference with a highway shall be carried out under the supervision (if given) and to the reasonable satisfaction of the highway authority.

(5) In constructing the bridge, or in carrying out any work in connection therewith which involves interference with any highway, the appropriate authority shall, in such manner and at such time as the highway authority may reasonably require, make good all damage caused to the highway by reason or in consequence of the construction of the bridge or the carrying out of the work.

(6) If the bridge carries any part of the works authorised by this Act over any highway—

(a) it shall be constructed in such manner as to prevent so far as may be reasonably practicable the dripping of water from the bridge; and

(b) the highway authority may, at the cost of the appropriate authority, provide and place such lamps and apparatus as may from time to time be reasonably necessary for efficiently lighting any highway under or in the vicinity of the bridge.

11 U.K. The appropriate authority shall secure that so much of the works authorised by this Act as is constructed under any highway shall be so designed, constructed and maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and the appropriate authority shall indemnify the highway authority against, and make good to the highway authority, the expenses which the highway authority may reasonably incur in the maintenance or repair of any highway, or any tunnels, sewers, drains or apparatus therein, by reason of non-compliance with the provisions of this paragraph.

12 U.K. It shall be lawful for an officer of the highway authority duly appointed for the purpose, at all reasonable times, on giving to the appropriate authority such notice as may in the circumstances be reasonable, to enter upon and inspect any part of the works authorised by this Act which is in or over any highway, or which may affect any highway or any property of the highway authority, during the carrying out of the work, and the appropriate authority shall give to such engineer or surveyor or officer all reasonable facilities for such inspection and, if he shall be of opinion that the construction of the work is attended with danger to any highway or to any property of the highway authority on or under any highway, the appropriate authority shall adopt such measures and precautions as may be reasonably necessary for the purpose of preventing any damage or injury thereto.

13 U.K. The appropriate authority shall not alter, disturb or in any way interfere with any property of the highway authority on or under any highway, or the access thereto, without the consent of the highway authority, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary shall be made by the highway authority or the appropriate authority as the highway authority think fit, and the expense reasonably incurred by the highway authority in so doing shall be repaid to the highway authority by the appropriate authority.

14 U.K. The appropriate authority shall not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by this Act.

15 U.K. If the highway authority, after giving to the appropriate authority not less than 28 days’ notice (or, in case of emergency, such notice as is reasonably practicable) of their intention to do so, incur any additional expense in the signposting of traffic diversions or the taking of other measures in relation thereto, or in the repair of any highway by reason of the diversion thereto of traffic from a road of a higher standard, in consequence of the construction of the works authorised by this Act, the appropriate authority shall repay to the highway authority the amount of any such expense reasonably so incurred.

16 (1) The appropriate authority shall not, except with the consent of the highway authority, deposit any soil or materials, or stand any vehicle or plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person, or, except with the like consent, deposit any soil or materials on any highway outside a hoarding, and, unless the consent of the highway authority is given within 28 days after request therefor, it shall be deemed to have been refused. U.K.

(2) The expense reasonably incurred by the highway authority in removing any soil or materials deposited on any highway in contravention of this paragraph shall be repaid to the highway authority by the appropriate authority.

17 U.K. The appropriate authority shall, if reasonably so required by the highway authority, provide and maintain to the reasonable satisfaction of the highway authority, during such time as the appropriate authority may occupy any part of a highway for the purpose of the construction of any part of the works authorised by this Act, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway.

18 (1) Where any part of any highway shall have been broken up or disturbed by the appropriate authority and not permanently stopped up or diverted they shall make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the highway authority, and shall maintain the same to the reasonable satisfaction of the highway authority for such time as may be reasonably required for the permanent reinstatement of the highway. U.K.

(2) The reinstatement of that part of the highway shall in the first instance be of a temporary nature only and the permanent reinstatement thereof shall be carried out by the highway authority so soon as reasonably practicable after the completion of the temporary reinstatement, and the expense reasonably incurred by the highway authority in so doing shall be repaid to the highway authority by the appropriate authority.

19 U.K. The appropriate authority shall make compensation to the highway authority for any subsidence of, or damage to, any highway or any property of the highway authority on or under any highway which may be caused by, or in consequence of, any act or default of the appropriate authority, their contractors, servants or agents, whether such damage or subsidence shall happen during the construction of the works authorised by this Act or at any time thereafter.

20 U.K. The fact that any act or thing may have been done in accordance with plans approved by the highway authority or under their supervision shall not (if it was not attributable to the act, neglect or default of the highway authority or of any person in their employ or their contractors or agents) exonerate the appropriate authority from any liability, or affect any claim for damages, under this Part of this Schedule or otherwise.

21 (1) Except as provided in sub-paragraph (2) below, any difference arising between the appropriate authority and the highway authority under this Part of this Schedule shall be determined by the Secretary of State or, at his option, by arbitration. U.K.

(2) Where the Secretary of State is the highway authority concerned any such difference shall be determined by arbitration.

Part II U.K. Protection of the Railways Board

1 (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the appropriate authority and the Railways Board, have effect for the protection of that board. U.K.

(2) In this Part of this Schedule—

“appropriate authority” does not include the Railways Board;

“railway property” means any railway of the Railways Board, and any works connected therewith for the maintenance or operation of which the Railways Board are responsible, and includes any land held or used by the Railways Board for the purposes of any such railway or works;

“the specified works” means so much of any of the works authorised by this Act (other than the A20 improvement works) as may be situated upon, across, under or over, or within 15 metres of, railway property or may in any way affect railway property;

“construction” includes reconstruction and for the purposes of paragraphs 8, 11 and 12 below includes maintenance and repair of the specified works;

“plans” includes sections, drawings, particulars and schedules of construction.

2 U.K. The appropriate authority shall not under the powers conferred by section 8 of this Act acquire compulsorily any railway property but may create and acquire such easements and rights as may reasonably be required for the purposes specified in that section in any such property delineated on the deposited plans.

3 (1) The appropriate authority shall, before commencing the construction of the specified works, supply to the Railways Board such proper and sufficient plans thereof as may reasonably be required and shall not commence the specified works until plans thereof have been approved in writing by the engineer of the Railways Board or settled by arbitration. U.K.

(2) If within 28 days after such plans have been supplied to the Railways Board their engineer shall not have notified his disapproval thereof and the grounds of his disapproval, he shall be deemed to have approved the plans as submitted.

4 U.K. If within 28 days after such plans have been supplied to the Railways Board the Railways Board give notice to the appropriate authority that the Railways Board desire themselves to construct any part of the specified works forming part of Work No. 1 which, in the opinion of the engineer of the Railways Board, will or may affect the stability of railway property then, if the appropriate authority desire such part of the specified works to be constructed, the Railways Board shall construct it with all reasonable dispatch on behalf of, and to the reasonable satisfaction of, the appropriate authority in accordance with the plans approved or deemed to be approved or settled as aforesaid and under the supervision (if given) of the appropriate authority.

5 U.K. Upon signifying his approval or disapproval of the plans the engineer of the Railways Board may specify any protective works, whether temporary or permanent, which in his opinion should be carried out before the construction of the specified works to ensure the safety and stability of railway property; and such protective works as may be reasonably necessary for those purposes shall be constructed by the Railways Board with all reasonable dispatch, and the appropriate authority shall not commence the construction of the specified works until the Railways Board shall have notified the appropriate authority that the protective works have been completed.

6 U.K. The appropriate authority shall give to the engineer of the Railways Board not less than 28 days’ notice of their intention to commence the construction of any of the specified works and, except in emergency (when they shall give such notice as may be reasonably practicable), of their intention to carry out any works for the repair or maintenance of the specified works in so far as such works of repair or maintenance affect or interfere with railway property.

7 (1) The construction of the specified works shall, when commenced, be carried out with all reasonable dispatch in accordance with the plans approved or deemed to be approved or settled as aforesaid and under the supervision (if given), and to the reasonable satisfaction, of the engineer of the Railways Board, and in such manner as to cause as little damage to railway property as may be and as little interference as may be with the conduct of traffic on the railways of the Railways Board. U.K.

(2) If any damage to railway property or any such interference shall be caused by the carrying out of the specified works, the appropriate authority shall, notwithstanding any such approval as aforesaid, make good such damage and pay to the Railways Board reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any such damage or interference.

(3) Nothing in this paragraph shall impose any liability on the appropriate authority with respect to any damage, costs, expenses or loss attributable to the act, neglect or default of the Railways Board or their servants, contractors or agents.

8 U.K. The appropriate authority shall at all times afford reasonable facilities to the engineer of the Railways Board for access to the specified works during their construction and shall supply to him all such information as he may reasonably require with regard to the specified works or the method of construction thereof.

9 U.K. The Railways Board shall at all times afford reasonable facilities to the appropriate authority and their agents for access to any works carried out by the Railways Board under this Part of this Schedule during their construction, and shall supply to the appropriate authority such information as they may reasonably require with regard to such works or the method of construction thereof.

10 (1) If any alteration or addition, whether permanent or temporary, to railway property shall be reasonably necessary during the construction of the specified works, or during a period of twelve months after their completion in consequence of their construction, such alterations and additions may be carried out by the Railways Board. U.K.

(2) If the Railways Board give to the appropriate authority reasonable notice of their intention to carry out such alterations or additions, the appropriate authority shall pay to the Railways Board the reasonable cost thereof including, in respect of permanent alterations and additions, a capitalised sum representing any increase in the costs which may be expected to be reasonably incurred by the Railways Board in maintaining, working and, when necessary, renewing any such alterations or additions.

(3) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving shall be set off against any sum payable by the appropriate authority to the Railways Board under this Part of this Schedule.

11 U.K. The appropriate authority shall repay to the Railways Board costs reasonably incurred by the Railways Board—

(a) in constructing any part of the specified works on behalf of the appropriate authority as provided by paragraph 4 above or in constructing any protective works under paragraph 5 above including, in respect of any permanent protective works, a capitalised sum representing the costs which may be expected to be reasonably incurred by the Railways Board in maintaining and renewing such works;

(b) in respect of the employment of any inspectors, signalmen, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, watching and lighting railway property and signalling railway traffic and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction of the specified works;

(c) in respect of any special traffic working upon any existing railways of the Railways Board resulting from any speed restrictions, or any substitution or diversion of services, which may, in the opinion of the Railways Board, be required by reason or in consequence of the construction of the specified works;

(d) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction of the specified works;

(e) in respect of the supervision by the engineer of the Railways Board of the construction of the specified works.

12 (1) Subject to sub-paragraph (2) below, the appropriate authority shall be responsible for, and make good to the Railways Board, costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to, or reasonably incurred by, the Railways Board— U.K.

(a) by reason of the construction of the specified works; or

(b) by reason of any act or omission of the appropriate authority, or of any person in their employ, or of their contractors or others whilst engaged upon the construction of the specified works;

and the appropriate authority shall indemnify the Railways Board from and against claims and demands arising out of, or in connection with, the construction of the specified works or any such act or omission.

(2) The fact that any act or thing may have been done in accordance with plans approved by the engineer of the Railways Board, or in accordance with any requirement made by him, or under his supervision, shall not (if it was not attributable to the act, neglect or default of the Railways Board, or of any person in their employ, or of their contractors or agents) excuse the appropriate authority from any liability under this Part of this Schedule.

(3) The Railways Board shall give to the appropriate authority reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the appropriate authority.

13 U.K. Any difference arising between the appropriate authority and the Railways Board under this Part of this Schedule shall be determined by arbitration.

Part III U.K. Protection of Navigation

1 (1) The following provisions of this Part of this Schedule shall have effect in relation to tidal works for the protection of navigation. U.K.

(2) In this Part of this Schedule—

“tidal work” means so much of the works authorised by this Act as is on the surface of lands below the level of mean high water springs;

“the Trinity House” has the meaning given in section [F10 223 of the Merchant Shipping Act 1995].

Textual Amendments

F10 Words in Sch. 7 Pt. III para. 1(2) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 81 (with s. 312(1), Sch. 14 para. 1)

2 (1) A tidal work shall not be constructed, extended, enlarged, altered, renewed, replaced or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun. U.K.

(2) The Secretary of State’s primary concern in exercising his powers under sub–paragraph (1) above shall be to prevent danger to navigation; but he shall have regard, in exercising those powers in relation to such part of the sea wall as is a tidal work, to—

(a) any factors that have been or may be taken into account by the county planning authority in deciding under paragraph 3 of Schedule 3 to this Act whether to approve plans and specifications of the sea wall;

(b) any decision of that authority with respect to the approval of any such plans and specifications; and

(c) any conditions imposed on the grant of any such approval;

with a view to securing that his exercise of those powers is consistent so far as practicable with any decision that has been or may be made by that authority under that paragraph.

(3) In case of contravention of this paragraph or of any condition or restriction imposed under this paragraph—

(a) the Secretary of State may by notice in writing require the Concessionaires, at their own expense, to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Concessionaires, they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice; or

(b) if it appears to the Secretary of State urgently necessary to do so, he may himself remove the tidal work or part of it and restore the site to its former condition;

and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Concessionaires.

3 U.K. The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work, or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Concessionaires.

4 (1) The Concessionaires shall, at or near a tidal work, during the whole time of the construction, extension, enlargement, alteration, renewal, replacement or reconstruction thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct. U.K.

(2) If the Concessionaires fail to comply in any respect with a direction given under this paragraph they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

5 (1) After the completion of a tidal work the Concessionaires shall, at the outer extremity thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Trinity House shall from time to time direct. U.K.

(2) If the Concessionaires fail to comply in any respect with a direction given under this paragraph they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

6 (1) Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Concessionaires at their own expense either to repair and restore the work, or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State may think proper. U.K.

(2) Where part of a work is situated on or over land above the level of mean high water springs and that part is in such condition as to interfere, or to cause reasonable apprehension that it may interfere, with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this paragraph.

(3) If on the expiration of 30 days from the date on which a notice under this paragraph is served upon the Concessionaires they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Concessionaires.

7 (1) In case of injury to or destruction or decay of a tidal work, or any part thereof, the Concessionaires shall forthwith notify the Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Trinity House shall from time to time direct. U.K.

(2) If the Concessionaires fail to notify the Trinity House as required by this paragraph or to comply in any respect with a direction given under this paragraph, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

8 (1) In proceedings for an offence under paragraph 4, 5 or 7 above it shall be a defence for the Concessionaires to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. U.K.

(2) If in any case the defence provided by sub-paragraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person, the Concessionaires shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven days before the hearing, they have served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in their possession.

Part IV U.K. Protection of Dover Harbour Board

1 U.K. The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the Concessionaires and the Dover Harbour Board (in this Part referred to as “the Harbour Board”), have effect for the protection of the Harbour Board.

2 U.K. In this Part of this Schedule—

“plans” includes sections, drawings and specifications;

“the Harbour Board’s shore” means that part of the shore above mean low water springs which is vested in the Harbour Board;

“the protected beach” means that part of the Harbour Board’s shore which lies within 100 metres westward of the Admiralty Pier;

“the specified works” means Work No. 7 and any other works authorised by this Act which are on the surface of lands below the level of mean high water springs and within one international nautical mile from the seaward limits of Dover Harbour.

3 U.K. The Concessionaires shall consult the Harbour Board as to the methods and timetable for the construction of any of the specified works or the carrying out of operations relating thereto so as to avoid so far as practicable any interference with navigation in Dover Harbour or in the approaches thereto and any damage to the Harbour Board’s shore or to any works forming part of the Harbour Board’s undertaking.

4 (1) Before commencing to construct any of the specified works the Concessionaires shall submit to the Harbour Board for their reasonable approval proper and sufficient plans of that work and such work shall not be constructed otherwise than in accordance with such plans as may be reasonably approved in writing by the principal engineer of the Harbour Board and subject to such conditions as he may reasonably require so as to avoid so far as practicable any interference with navigation in Dover Harbour or in the approaches thereto and any damage to the works forming part of the Harbour Board’s undertaking, or in accordance with such plans and subject to such conditions as may be determined under paragraph 10 below. U.K.

(2) In the event of the principal engineer of the Harbour Board failing to express his disapproval of any plans within one month after such plans have been delivered to the Harbour Board in pursuance of this paragraph, he shall be deemed to have approved the plans as submitted.

5 (1) If there shall be any inconsistency between the plans of any tidal work approved under paragraph 4 above and the plans approved by the Secretary of State under paragraph 2 of Part III of this Schedule, or between any conditions required under paragraph 4 above and any conditions or restrictions imposed by the Secretary of State under the said paragraph 2, the inconsistency shall be referred to the Secretary of State by the Concessionaires after not less than 14 days’ notice to the Harbour Board, and the work shall be constructed in accordance with the plans, and subject to the conditions and restrictions, then determined by the Secretary of State. U.K.

(2) A determination by the Secretary of State under sub–paragraph (1) above shall be made in accordance with the said paragraph 2 and shall have effect as if it were an approval of plans and sections, subject to conditions and restrictions (if any) imposed, under that paragraph.

6 U.K. The Concessionaires shall compensate the Harbour Board for any damage to any work forming part of the Harbour Board’s undertaking or to Dover Harbour or its approaches caused by or arising in consequence of the construction or maintenance of any of the specified works or of the failure or want of repair thereof or in consequence of any act or omission of the Concessionaires, their contractors, agents, workmen or servants whilst engaged upon a specified work and shall indemnify the Harbour Board from all claims, demands or expenses which may be made on or against them or which they may have to pay by reason or in consequence of any such damage:

Provided that the Harbour Board shall give to the Concessionaires reasonable notice of any such claim or demand as aforesaid and no settlement or compromise thereof shall be made without the agreement of the Concessionaires.

7 U.K. If at any time any damage or diminution shall occur to the protected beach and such damage or diminution shall be caused wholly or substantially by the construction of the specified works, the Concessionaires shall make good or cause to be made good such damage or diminution to the reasonable satisfaction of the principal engineer of the Harbour Board.

8 U.K. The fact that any act or thing may have been done in accordance with plans approved by the principal engineer of the Harbour Board, or in accordance with a requirement made by him, or under his supervision, shall not (if it was not attributable to the act, neglect or default of the Harbour Board, or of any person in their employ, or of their contractors or agents) excuse the Concessionaires from any liability under this Part of this Schedule.

9 U.K. Except in connection with the arrangements for the deposit of spoil approved under paragraph 5 of Schedule 3 to this Act and without prejudice to any other obligations and liabilities of the Concessionaires under this Part of this Schedule, the Concessionaires shall not deposit spoil anywhere below the level of mean high water springs within one international nautical mile of the seaward limits of Dover Harbour.

10 U.K. Any difference arising between the Concessionaires and the Harbour Board under this Part of this Schedule shall be determined by the Secretary of State or, at his option, by an arbitrator to be appointed by him, and the costs of final determination shall be in the discretion of the Secretary of State or of the arbitrator, as the case may be.

Part V U.K. Protection of Sewers

1 (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the appropriate authority and the sewerage authority concerned, have effect for the protection of the sewerage authorities. U.K.

(2) In this Part of this Schedule—

“appropriate authority” does not include the Secretary of State in respect of the A20 improvement works;

“sewer” includes any main used for the conveyance of sewage sludge or sewage effluent and any pipe, subway or storm overflow or other apparatus vested in, or maintained by, the sewerage authority for the purposes of sewerage or sewage disposal, but does not include any such apparatus in respect of which the relations between the appropriate authority and the sewerage authority are regulated by the provisions of Part II of the M56 Public Utilities Street Works Act 1950;

“the sewerage authority” means the Southern Water Authority and the Thames Water Authority, or either of them, in their capacity as authorities responsible for sewerage and sewage disposal, and includes a local authority as a relevant authority for the purposes of section 15 of the M57 Water Act 1973;

“specified work” means so much of any of the works authorised by this Act (other than the A20 improvement works) as may be situated over, or within 15 metres measured in any direction of, or impose any load directly upon, any sewer.

Marginal Citations

M56 1950 c. 39.

M57 1973 c. 37.

2 (1) Before commencing the construction or renewal of any specified work the appropriate authority shall submit to the sewerage authority plans thereof as described in paragraph 3 below (in this Part of this Schedule referred to as “the said plans”) and shall not commence that work until the sewerage authority have signified their approval of the said plans. U.K.

(2) The sewerage authority’s approval shall not be unreasonably withheld and, if within 56 days after the submission of the said plans the sewerage authority have not approved or disapproved them, they shall be deemed to have approved them.

3 (1) The plans to be submitted to the sewerage authority shall be detailed plans, drawings, sections and specifications describing the position and manner in which, and the level at which, any specified work is proposed to be carried out and the position of all sewers of the sewerage authority within the limits of deviation for that work, and shall comprise detailed drawings of every alteration which the appropriate authority propose to make in any such sewers. U.K.

(2) For the purpose of the preparation of the said plans the sewerage authority shall, on application by the appropriate authority, permit them to have access to plans in the possession of the sewerage authority and to any of their sewers.

4 U.K. The appropriate authority shall give to the sewerage authority not less than 28 days’ notice of their intention to commence the construction or renewal of a specified work and, except in case of emergency (when they shall give such notice as may be reasonably practicable), of their intention to carry out works of repair or maintenance of a specified work.

5 U.K. In carrying out any specified work the appropriate authority shall comply with all reasonable requirements of the sewerage authority of which due notice is given to the appropriate authority and shall provide new, altered or substituted sewers, or works for the protection of any sewers of the sewerage authority, in such manner as the sewerage authority shall reasonably require for the protection of, and for preventing injury or impediment to, any such sewer by reason of the specified work.

6 U.K. All works for the provision of new, altered or substituted sewers or protective works in pursuance of paragraph 5 above shall, where so required by the sewerage authority, be carried out by or under the supervision (if given) of an officer of the sewerage authority duly appointed for the purpose, and all reasonable costs, charges and expenses to which the sewerage authority may be put by reason of such works, whether in the course of the carrying out of the works, or in the preparation or examination of plans or designs or in such supervision as aforesaid, or otherwise, shall be paid to the sewerage authority by the appropriate authority.

7 U.K. Nothing in paragraphs 5 and 6 above shall require the appropriate authority to provide new or substituted works of better type, of greater dimensions or of greater capacity than those of the works in place of which they are provided except in so far as the placing of works of such type, dimensions or capacity has been specified as necessary in a specification of works settled under paragraph 2 above.

8 U.K. When works for the provision of any such new, altered or substituted sewers or protective works have been completed in accordance with paragraph 5 above they shall be maintainable by the sewerage authority.

9 U.K. The sewerage authority may require such modifications to be made in the said plans as may be reasonably necessary to secure their sewerage system against interference or risk of damage and to provide convenient means of access to their sewers.

10 (1) Subject to sub-paragraphs (2) and (3) below, if by reason or in consequence of the construction or failure of any of the works authorised by this Act, or any subsidence resulting from any of those works, any damage to any sewer (other than a sewer intended for removal for the purposes of those works) of the sewerage authority shall be caused, the appropriate authority shall pay the cost reasonably incurred by the sewerage authority in making good such damage and shall— U.K.

(a) make reasonable compensation to the sewerage authority for loss sustained by them; and

(b) indemnify the sewerage authority against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from or incurred by, the sewerage authority;

by reason or in consequence of any such damage.

(2) Nothing in sub-paragraph (1) above shall impose any liability on the appropriate authority with respect to any damage to the extent that it is attributable to the act, neglect or default of the sewerage authority, their officers, servants, contractors or agents.

(3) The sewerage authority shall give to the appropriate authority reasonable notice of any claim or demand as aforesaid and no settlement or compromise shall be made without the prior consent of the appropriate authority.

11 U.K. If, in the carrying out of any specified work, or any work for the provision of new, altered or substituted sewers or protective works in pursuance of paragraph 5 above, the appropriate authority damage or, without the consent of the sewerage authority, alter or in any way interfere with any of their existing sewers the appropriate authority shall—

(a) pay to the sewerage authority any additional expense to which they may be put in the maintenance, management or renewal of any new, altered or substituted sewer which may be necessary in consequence of the construction of the specified work; and

(b) subject to paragraph 13 below, give to the sewerage authority uninterrupted access to any such new, altered or substituted sewer and such facilities as may be reasonably required for the inspection, maintenance, alteration and repair thereof.

12 U.K. An officer of the sewerage authority duly appointed for the purpose may, subject to paragraph 13 below, enter upon and inspect any specified work or any other works constructed under this Part of this Schedule.

13 U.K. Access to any sewer under paragraph 11(b) above or entry upon any specified work under paragraph 12 above shall be subject to supervision and control by the appropriate authority but shall be afforded by the appropriate authority as soon as possible and at any reasonable time at which it is required.

14 U.K. The approval by the sewerage authority of any plans, drawings, sections or specifications or the supervision by them of any work under this Part of this Schedule shall not exonerate the appropriate authority from any liability or affect any claim for damages by the sewerage authority.

15 U.K. As soon as reasonably practicable after the completion of the carrying out of a specified work, the appropriate authority shall deliver to the sewerage authority a plan and section showing the position and level of that work as constructed and all new, altered or substituted works provided in pursuance of paragraph 5 above.

16 U.K. Any difference arising between the appropriate authority and the sewerage authority under this Part of this Schedule shall be determined by arbitration.

Part VI U.K. Protection of Certain Statutory Undertakers

1 (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the appropriate authority and the undertakers concerned, have effect for the protection of the undertakers. U.K.

(2) In this Part of this Schedule—

• “appropriate authority” does not include the Secretary of State in respect of the A20 improvement works;

  “the undertakers” means any person authorised to carry on an undertaking for the supply of electricity, gas or water within any area within which land is to be acquired or works are to be constructed under this Act and—

  (a)

  in relation to water undertakers, includes a water authority in their capacity as an authority authorised to carry on an undertaking for the supply of water within their area; and

  (b)

  in relation to any apparatus, means the undertakers to whom the apparatus belongs or by whom the apparatus is maintained;

• “apparatus” means—

  (a)

  in the case of electricity undertakers, electric lines and works (as respectively defined in the M58 Electric Lighting Act 1882) belonging to, or maintained by, those undertakers; or

  (b)

  in the case of gas or water undertakers, mains, pipes or other apparatus belonging to, or maintained by, those undertakers for the purposes of gas or water supply;

  (not being in any case apparatus in respect of which the relations between the appropriate authority and the undertakers are regulated by the provisions of Part II of the M59 Public Utilities Street Works Act 1950), and includes any structure for the lodging therein of apparatus;

• “alternative apparatus” means alternative apparatus adequate to enable the undertakers to fulfil their statutory functions in a manner not less efficient than previously;

  “in” in a context referring to apparatus includes under, over, across, along or upon.

Marginal Citations

M58 1882 c.56.

M59 1950 c.39.

2 U.K. Notwithstanding anything in this Act or shown on the deposited plans, the appropriate authority shall not acquire any apparatus under section 8 of this Act otherwise than by agreement.

3 U.K. If the appropriate authority in the exercise of the powers conferred by this Act acquire any interest in or temporarily occupy any lands in which any apparatus is placed, that apparatus shall not be removed under this Part of this Schedule, and any right of the undertakers to maintain, repair, renew or inspect that apparatus in those lands shall not be extinguished, until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertakers.

4 U.K. If—

(a) the appropriate authority, for the purpose of carrying out any work authorised by this Act in, on or under any land, require the removal of any apparatus placed in that land, and give to the undertakers not less than 56 days’ written notice of that requirement, together with a plan and section of the proposed work, and of the proposed position of the alternative apparatus to be provided or constructed; or

(b) in consequence of the exercise of any of the powers conferred by this Act, the undertakers reasonably require to remove any apparatus;

the appropriate authority shall afford to the undertakers the necessary facilities and rights for the construction of any necessary alternative apparatus in other land held by the appropriate authority, or in which the appropriate authority have sufficient rights or interests, and thereafter for the maintenance, repair, renewal and inspection of such apparatus:

Provided that, if the alternative apparatus or any part thereof is to be constructed elsewhere than in other land held by the appropriate authority and the appropriate authority are unable to afford such facilities and rights as aforesaid, the undertakers shall, on receipt of a written notice to that effect from the appropriate authority, forthwith use their best endeavours to obtain the necessary facilities and rights.

5 U.K. Any alternative apparatus to be constructed in land held by the appropriate authority in pursuance of paragraph 4 above shall be constructed in such manner, and in such line or situation, as may be agreed between the undertakers and the appropriate authority or, in default of agreement, determined by arbitration.

6 U.K. The undertakers shall, after the manner of construction and the line and situation of any necessary alternative apparatus have been agreed or determined as aforesaid, and after the grant to the undertakers of any such facilities and rights as are referred to in paragraph 4 above, proceed with all reasonable dispatch to construct and bring into operation the alternative apparatus and thereafter to remove any apparatus required by the appropriate authority to be removed under the provisions of this Part of this Schedule and, in default, the appropriate authority may remove the apparatus.

7 (1) Notwithstanding anything in paragraphs 5 and 6 above, if the appropriate authority give notice in writing to the undertakers that they desire themselves to carry out any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as will be situate in any lands held by the appropriate authority, such work, instead of being carried out by the undertakers, shall be carried out by the appropriate authority with all reasonable dispatch under the superintendence (if given) and to the reasonable satisfaction of the undertakers. U.K.

(2) Nothing in this paragraph shall authorise the appropriate authority to carry out the placing, erection, installation, bedding, packing, removal, connection or disconnection of any apparatus or to carry out any filling around the apparatus extending (where the apparatus is laid in a trench) within 300 millimetres above the apparatus.

8 (1) Where, in accordance with the provisions of this Part of this Schedule, the appropriate authority afford to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection on land held by the appropriate authority of alternative apparatus, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the appropriate authority and the undertakers or, in default of agreement, determined by arbitration. U.K.

(2) In determining such terms and conditions as aforesaid in respect of alternative apparatus to be constructed across or along any works authorised by this Act the arbitrator shall—

(a) give effect to all reasonable requirements of the appropriate authority for ensuring the safety and efficient operation of those works 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 appropriate authority or the use of the same; and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to the terms and conditions (if any) applicable to the apparatus for which the alternative apparatus is to be substituted.

(3) If the facilities and rights to be afforded by the appropriate authority in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the undertakers than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator shall make such provision for the payment of compensation to or by the appropriate authority by or to the undertakers in respect thereof as shall appear to him to be reasonable having regard to all the circumstances of the case.

9 (1) Not less than 56 days before commencing to carry out any work authorised by this Act which is near to, or will or may affect, any apparatus the removal of which has not been required by the appropriate authority under paragraph 4 above, the appropriate authority shall submit to the undertakers a plan, section and description of the work to be carried out. U.K.

(2) The work shall be carried out in accordance with the plan, section and description submitted as aforesaid and in accordance with such reasonable requirements as may be made by the undertakers for the alteration or otherwise for the protection of the apparatus, or for securing access thereto, and the undertakers shall be entitled by their officer to watch and inspect the carrying out of the work.

(3) If the undertakers, within 28 days after the submission to them of any such plan, section and description, shall, in consequence of the work proposed by the appropriate authority, reasonably require the removal of any apparatus and give written notice to the appropriate authority of that requirement, the foregoing provisions of this Part of this Schedule shall have effect as if the removal of such apparatus had been required by the appropriate authority under paragraph 4 above.

(4) Nothing in sub-paragraphs (1) to (3) above shall preclude the appropriate authority from submitting at any time, or from time to time, but in no case less than 28 days before commencing to carry out the work, a new plan, section and description thereof instead of the plan, section and description previously submitted, and thereupon the provisions of those sub-paragraphs shall apply to, and in respect of, that new plan, section and description.

(5) The appropriate authority shall not be required to comply with sub-paragraphs (1) to (3) above in a case of emergency but in such a case they shall give notice to the undertakers so soon as reasonably practicable and a plan, section and description of the works so soon as reasonably practicable thereafter, and shall otherwise comply with those sub-paragraphs so far as reasonably practicable in the circumstances.

10 U.K. If in consequence of the exercise of the powers of this Act the access to any apparatus is materially obstructed the appropriate authority shall, so far as reasonably practicable, provide alternative means of access to such apparatus.

11 U.K. Where, in consequence of this Act, any part of any highway in which any apparatus is situate ceases to be part of a highway, the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of this Act, but nothing in this paragraph shall prejudice or affect any right of the appropriate authority or of the undertakers to require removal of that apparatus under this Part of this Schedule or the power of the appropriate authority to carry out works in accordance with paragraph 9 above.

12 (1) Subject to sub-paragraph (2) below, the appropriate authority shall repay to the undertakers the reasonable expenses incurred by the undertakers in, or in connection with— U.K.

(a) the removal and relaying or replacing, alteration or protection of any apparatus or the provision and construction of any new apparatus under any of the provisions of this Part of this Schedule;

(b) the cutting off of any apparatus from any other apparatus; and

(c) any other work or thing rendered reasonably necessary in consequence of the exercise by the appropriate authority of any of the powers of this Act.

(2) Section 23(3) and (4) of the M60 Public Utilities Street Works Act 1950 (limitations on undertakers’ right to payments) shall, so far as applicable, apply to any payment to be made by the appropriate authority under sub-paragraph (1) above as if the works or operations mentioned in that sub-paragraph were such undertakers’ works as are referred to in the said subsection (3), and as if in that subsection for the words “specified as so necessary in a specification of the works settled under Part I of the Fourth Schedule to this Act or agreed so to be by the promoting authority” there were substituted the words “agreed or determined by arbitration under Part VI of Schedule 7 to the Channel Tunnel Act 1987”.

Marginal Citations

M60 1950 c.39.

13 (1) Subject to sub-paragraphs (2) and (3) below, if by reason or in consequence of the construction of any of the works authorised by this Act, or any subsidence resulting from any of those works, any damage to any 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 the undertakers, or any interruption in the supply of electricity, gas or water (as the case may be) by the undertakers or, in the case of [F11 the Central Electricity Generating Board][F11 The National Grid Company plc], by or to that [F11 board][F11 company], shall be caused, the appropriate authority shall bear and pay the cost reasonably incurred by the undertakers in making good such damage or restoring the supply and shall— U.K.

(a) make reasonable compensation to the undertakers for loss sustained by them; and

(b) indemnify the undertakers against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, the undertakers;

by reason or in consequence of any such damage or interruption.

(2) Nothing in sub-paragraph (1) above shall impose any liability on the appropriate authority with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of the undertakers, their officers, servants, contractors or agents.

(3) The undertakers shall give to the appropriate authority reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the appropriate authority.

Textual Amendments

F11 Sch.7 Pt. VI para.13(1): it is provided that “The National Grid Company plc” shall be substituted (E.W.S.) for “the Central Electricity Generating Board” and “company” shall be substituted for “board” by S.I. 1990/577, art 2, Sch.

14 U.K. The appropriate authority shall, so far as is reasonably practicable, so exercise their powers under paragraph 15 of Schedule 2 above as not to obstruct or render less convenient the access to any apparatus.

15 U.K. Notwithstanding the temporary stopping up or diversion of any highway under paragraph 22 of Schedule 2 above, the undertakers shall be at liberty at all times to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping up or diversion was in that highway.

16 U.K. Nothing in this Part of this Schedule shall prejudice or affect the provisions of any enactment or agreement regulating the relations between the appropriate authority and the undertakers in respect of any apparatus in land held by the appropriate authority at the commencement of this Act.

17 (1) Any difference arising between the appropriate authority and the undertakers under this Part of this Schedule shall be determined by arbitration. U.K.

(2) In determining any such difference the arbitrator may, if he thinks fit, require the appropriate authority to carry out any temporary or other works so as to avoid, so far as may be reasonably possible, interference with the use of any apparatus.

Part VII U.K. Protection of Land Drainage

1 (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing beween the appropriate authority and the drainage authority concerned, have effect for the further protection of the drainage authority. U.K.

(2) In this Part of this Schedule—

“appropriate authority” does not include the Secretary of State in respect of the A20 improvement works;

“drainage authority” means the Southern Water Authority or, within the area of the River Stour (Kent) Internal Drainage Board, that board except in relation to a drainage work forming part of a main river as defined in the M61 Land Drainage Act 1976;

“drainage work” means any watercourse as defined in that Act and any structure or appliance under the control of the drainage authority constructed or used for defence against water (including sea water);

“plans” includes sections, drawings and specifications;

“specified work” means so much of any work authorised by this Act as will affect any drainage work in the drainage authority’s area or the flow of water in, to or from any such drainage work.

Marginal Citations

M61 1976 c. 70.

2 (1) Not less than 56 days before beginning to construct any specified work, the appropriate authority shall submit to the drainage authority plans of the work and the work shall not be constructed except in accordance with plans approved by the drainage authority or settled by arbitration and in accordance with any reasonable requirements made by the drainage authority for the protection of any drainage work and for the prevention of flooding. U.K.

(2) The requirements which the drainage authority may make under sub-paragraph (1) above include conditions requiring the construction of such protective works by, and at the expense of, the appropriate authority during the construction of the specified work as are reasonably necessary to safeguard a drainage work against damage or to secure that the efficiency of a drainage work for land drainage purposes is not impaired.

(3) If within a period of 28 days after the submission of any plans under sub-paragraph (1) above the drainage authority do not inform the appropriate authority in writing that they disapprove of those plans, stating the grounds of their disapproval, they shall be treated for the purposes of this paragraph as having approved them.

3 U.K. Any specified work, and all protective works required by the drainage authority under paragraph 2 above, shall be constructed to the reasonable satisfaction of the drainage authority and the drainage authority shall be entitled by their officer to watch and inspect the construction of such works.

4 U.K. If by reason of the construction of any specified work the efficiency of any drainage work for land drainage purposes is impaired or that work is otherwise damaged, such damage shall be made good by the appropriate authority to the reasonable satisfaction of the drainage authority and, if the appropriate authority fail to do so, the drainage authority may make good the same and recover from the appropriate authority the expense reasonably incurred by them in so doing.

5 (1) The appropriate authority shall indemnify the drainage authority from all claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from or incurred by, the drainage authority by reason or in consequence of— U.K.

(a) any damage to any drainage work so as to impair its efficiency for the purposes of land drainage; or

(b) any raising of the water table in lands adjoining the works authorised by this Act or any sewers, drains or watercourses; or

(c) any flooding or increased flooding of any such lands;

which may be caused by or result from the construction of any work authorised by this Act or any act or omission of the appropriate authority, their contractors, agents, workmen or servants whilst engaged upon the work.

(2) The drainage authority shall give to the appropriate authority reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the agreement of the appropriate authority.

6 U.K. The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the drainage authority or to their satisfaction or in accordance with any directions or award of an arbitrator shall not relieve the appropriate authority from any liability under the provisions of this Part of this Schedule.

7 U.K. Any difference arising between the appropriate authority and the drainage authority under this Part of this Schedule shall be determined by arbitration.

Part VIII U.K. Further Protection of Southern Water Authority

1 U.K. The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the Concessionaires and the Southern Water Authority (in this Part referred to as “the Authority”), have effect for the further protection of the Authority.

2 U.K. If within six months from the passing of this Act the Authority notify the Concessionaires that they have decided to proceed with the construction of a public sewer and other works for the improvement of drainage sufficient to provide for the disposal of surface water from the terminal area at Cheriton, Folkestone and that it is their intention to complete the works within the period of three years thereafter, the Concessionaires shall not, so long as the Authority proceed with the construction of those works in accordance with that intention, construct the drainage lagoon (Work No. 16) and, on the completion of those works, the powers of this Act for the construction of the lagoon shall cease to have effect.

3 U.K. Any right of the Concessionaires under section 34 of the M62 Public Health Act 1936 to drain surface water from the terminal area to any public sewer other than the public sewer mentioned in paragraph 2 above shall not be exercisable except with the written consent of the drainage authority.

Marginal Citations

M62 1936 c. 49.

4 (1) Not less than 56 days before beginning to construct the drainage lagoon or other drainage works for the terminal area the Concessionaires shall submit to the Authority a description of the terminal area together with plans and full particulars of the drainage lagoon or such other drainage works or, as the case may be, both the lagoon and such other drainage works as they may propose for or in connection with the discharge of surface water. U.K.

(2) The said works shall not be constructed except in accordance with a specification and plans approved by the Authority or settled by arbitration and in accordance with any reasonable requirements made by the Authority for the protection from pollution of any watercourse or underground strata.

(3) The requirements which the Authority may make under sub-paragraph (2) above include the construction of such works by and at the expense of the Concessionaires as are reasonably necessary for the interception, treatment and disposal of any poisonous, noxious or polluting matter contained in the run-off from the terminal area.

(4) If within a period of 28 days after the submission of the specification and any plans under sub-paragraph (1) above the Authority do not inform the Concessionaires in writing that they disapprove of those plans, stating the grounds of their disapproval, they shall be treated for the purposes of this paragraph as having approved them.

5 U.K. The drainage lagoon and other works constructed by the Concessionaires for or in connection with the discharge of surface water from the terminal area shall be constructed, maintained and operated by the Concessionaires to the reasonable satisfaction of the Authority and the Authority shall be entitled by their officer to watch and inspect the same.

6 U.K. Not less than six months before commencing the construction of Works Nos. 3 and 4 and any underground ancillary works associated with those works, the Concessionaires shall, subject to any necessary consents, construct such number of observation boreholes in such positions and equipped with such monitoring equipment as the Authority may reasonably require for the purpose of monitoring the effect of any of those works on groundwater.

7 U.K. Except as otherwise agreed in writing by the Authority, the Concessionaires shall not construct buildings on, or raise the level of the surface of the ground within, so much of the site of the inland clearance depot as is within the area designated by the Authority as the 100 year flood plain of the river East Stour without providing equivalent compensatory flood storage capacity elsewhere.

8 U.K. Except as provided in paragraph 3 above, nothing in this Part of this Schedule shall prejudice or affect the provisions of any other enactment in their application to the Concessionaires and the Authority.

9 U.K. Any difference arising between the Concessionaires and the Authority under this Part of this Schedule shall be determined by arbitration.

Part IX U.K. Further Protection of the Folkestone and District Water Company

1 U.K. The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the Concessionaires and the Folkestone and District Water Company (in this Part referred to as “the Company”), have effect for the further protection of the Company.

2 U.K. Part VI of this Schedule shall have effect as if references therein to apparatus of the Company included the existing drain and telecommunication line serving the Company’s house at Cherry Garden.

3 U.K. No part of the access road known as Waterworks Lane in the district of Shepway (town of Folkestone) shall be stopped up under paragraph 16 of Schedule 2 to this Act until Work No. 14 has been completed and is open for use by the Company.

4 (1) Where the Concessionaires propose to construct, as part or for the purpose of Work No. 3 or 4, any underground work within a radius of three kilometres of any of the Company’s existing sources of supply, they shall take steps— U.K.

(a) to prevent or restrict the flow of water into that work from the stratum through which the work is to be constructed; and

(b) to prevent pollution of water in that stratum from the work;

and, not less than three months before beginning to construct that work, shall submit to the Company a description of the work and of the steps which they propose to take for the purposes mentioned in paragraphs (a) and (b) above.

(2) Any underground work mentioned in sub-paragraph (1) above shall not be constructed except in accordance with the descriptions submitted to, and either approved by the Company or settled by arbitration, and in accordance with any reasonable requirements made by the Company for the protection of the water which they are authorised to abstract from the source of supply in question or which has been so abstracted by them.

(3) If within the period of two months from the submission of any description of an underground work under sub-paragraph (1) above the Company do not inform the Concessionaires in writing that they disapprove of the underground work stating the grounds of their disapproval they shall be treated for the purposes of this paragraph as having approved of it.

(4) If it appears to the Company that—

(a) by reason of the construction by the Concessionaires of an underground work (whether a work such as is mentioned in sub-paragraph (1) above or not) there has been or will be a material reduction in the yield of any of the Company’s existing sources of supply; or

(b) by reason of anything done or omitted by the Concessionaires, their servants or agents in relation to an underground work, either in the course of constructing it or otherwise, the water in the stratum through which the work is being or has been constructed has or will become polluted;

the Company may by notice in writing require the Concessionaires—

(i) to take such measures as are specified in the notice for the purpose of preventing or mitigating the reduction in the yield of their sources or for preventing or abating the pollution (as the case may be ); or

(ii) if no measures are capable of being required for this purpose, to cease the construction of the underground work for such time as is specified in the notice.

(5) On the receipt of notice under sub-paragraph (4)(a) above the Concessionaires shall forthwith cease such construction for such period as may be agreed in writing between the Company and the Concessionaires or in default of agreement for such period as may be determined by arbitration.

(6) On the receipt of notice under sub-paragraph (4)(b) above the Concessionaires shall take the measures therein specified subject only to such modifications (if any) as may be agreed in writing between the Company and the Concessionaires.

(7) Paragraph 13 of Part VI of this Schedule shall apply to any pollution of or reduction in the yield of water from any of the Company’s existing sources of supply which is within a radius of three kilometres from any underground work mentioned in sub-paragraph (1) above as it applies in relation to any damage to property of the Company, and any approval given in relation to that work under this paragraph shall not exonerate the Concessionaires from any liability to the Company under the said paragraph 13 as applied by this sub-paragraph.

5 U.K. The Company shall be entitled by their officers or agents to watch and inspect the carrying out of any work authorised by this Act which is within the limits within which the Company are for the time being authorised to supply water.

6 U.K. Any difference arising between the Concessionaires and the Company under this Part of this Schedule shall, except as otherwise provided in this Part of this Schedule, be determined by arbitration.

Part X U.K. Protection of Telecommunications Operators

1 (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the appropriate authority and [F12 an operator of an electronic communications code network], have effect for the protection of that operator. U.K.

F13 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Words in Sch. 7 Pt. 10 para. 1(1) substituted (25.7.2003 for specified purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

F13 Sch. 7 Pt. 10 para. 1(2) repealed (25.7.2003 for specified purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

2 (1) Subject to sub-paragraph (2) below, any electrical works or equipment constructed, erected, laid, maintained, worked or used under this Act shall be so constructed, erected or laid and so maintained, worked and used, and Works Nos. 3, 4 and 5 (“the railway”) shall be so worked, that any electricity conveyed by, or used in, or in connection with, any such works or equipment, and the working of the railway, does not cause avoidable interference (whether by induction or otherwise) with any [F14 electronic communications apparatus] kept installed for the purposes of [F15 an electronic communications code network] or the service provided by such [F16 a network]. U.K.

(2) Sub-paragraph (1) above does not apply to any [F14 electronic communications apparatus] kept or installed for the purposes of [F15 an electronic communications code network] and installed in any part of the railway.

Textual Amendments

F14 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F15 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F16 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(f) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

3 (1) Where in pursuance of paragraph 16 of Schedule 2 to this Act the appropriate authority stop up and discontinue the whole or any part of any highway the following provisions of this paragraph shall have effect in relation to so much of any [F14 electronic communications apparatus] as is in the land which by reason of the stopping up ceases to be a highway or part thereof (in this paragraph referred to as “the affected apparatus”). U.K.

(2) The rights of [F17 the operator] of [F18 the electronic communications code network] for the purposes of which the apparatus is used to remove the affected apparatus shall be exercisable notwithstanding the stopping up, but those rights shall not be exercisable as respects the whole or any part of the affected apparatus after the expiration of a period of 28 days from the date of the service of the notice referred to in sub-paragraph (6) below unless, before the expiration of that period, the operator has given notice to the appropriate authority of its intention to remove the affected apparatus, or that part of it, as the case may be.

(3) The operator of [F18 the electronic communications code network] for the purposes of which the apparatus is used may, by notice in that behalf to the appropriate authority, abandon the affected apparatus, or any part of it, and shall be deemed, as respects the affected apparatus, or any part of it, to have abandoned it at the expiration of the said period of 28 days unless, before the expiration of that period, the operator has removed it or served notice of intention to remove it.

(4) The operator of [F18 the electronic communications code network] for the purposes of which the apparatus is used shall be entitled to recover from the appropriate authority the expense of providing, in substitution for the affected apparatus and any apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the affected apparatus, [F14 electronic communications apparatus] in such other place as the operator may reasonably require.

(5) Where under sub-paragraph (3) above the operator of [F18 the electronic communications code network] for the purposes of which the apparatus is used has abandoned the whole or any part of the affected apparatus, it shall vest in the appropriate authority and shall be deemed with its abandonment to cease to be kept installed for the purposes of [F15 an electronic communications code network].

(6) So soon as practicable after the whole or any part of a highway has been stopped up under paragraph 16 of Schedule 2 to this Act the appropriate authority shall serve notice of the stopping up on [F19 any operator of an electronic communications code network] which has notified the appropriate authority of its interest in the highway.

Textual Amendments

F14 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F15 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F17 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F18 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(g) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F19 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(e) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

4 U.K. The powers conferred by paragraph 15 of Schedule 2 to this Act shall, so far as reasonably practicable, be so exercised as not to obstruct or render less convenient the access to any [F14 electronic communications apparatus] kept installed for the purposes of [F15 an electronic communications code network].

Textual Amendments

F14 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F15 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

5 U.K. The exercise of the powers conferred by paragraph 22 of Schedule 2 to this Act in relation to a highway shall not affect the rights of the operator of [F15 an electronic communications code network], for the purposes of which the apparatus is used, to maintain, inspect, repair, renew or remove [F14 electronic communications apparatus] in the highway or to open or break up that highway for any of those purposes.

Textual Amendments

F14 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F15 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

6 (1) Subject to sub-paragraphs (2) and (3) below, if, by reason or in consequence of the construction of any of the works authorised by this Act or any subsidence resulting from any of those works, any damage to any [F14 electronic communications apparatus] kept installed for the purposes of [F15 an electronic communications code network] (other than apparatus the repair of which is not reasonably necessary in view of its intended removal), or any interruption in the service provided by [F20 that network], shall be caused, the appropriate authority shall bear and pay the cost reasonably incurred by [F17 the operator] of [F16 that network] in making good such damage or restoring that service and shall— U.K.

(a) make reasonable compensation to the operator for loss sustained by it; and

(b) indemnify the operator against claims, demands, proceedings, costs, damages and expenses which may be made, or taken against, or recovered from, or incurred by, the operator;

by reason or in consequence of any such damage or interruption.

(2) Nothing in sub-paragraph (1) above shall impose any liability on the appropriate authority with respect to any damage or interruption affecting [F15 an electronic communications code network] to the extent that such damage or interruption is attributable to the act, neglect or default of the operator of [F16 that network], its officers, servants, contractors or agents.

(3) The operator shall give to the appropriate authority reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the appropriate authority.

Textual Amendments

F14 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F15 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F16 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(f) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F17 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(d) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F20 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

7 U.K. Any difference arising between the appropriate authority and [F19 any operator of an electronic communications code network] under this Part of this Schedule shall be determined by arbitration.

Textual Amendments

F19 Words in Sch. 7 paras. 2-7 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 86(3)(e) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)