For protection of gas and water undertakers
27. For the protection of the several undertakers referred to in this Article, the following provisions shall, unless otherwise agreed in writing between the Rivers Authority and the undertakers concerned, apply and have effect:–
(1) In this Article–
“adequate alternative apparatus” means alternative apparatus adequate to enable the undertakers to fulfil their statutory functions in a manner not less efficient than previously;
“apparatus” means any mains, pipes or other apparatus belonging to or maintained by the undertakers (not being apparatus in respect of which the relations between the Rivers Authority and the undertakers are regulated by the provisions of Part II of the Public Utilities Street Works Act 1950(1) and includes any building, structure or works for the lodging therein of apparatus;
“functions” includes powers and duties;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;
“the undertakers” means British Gas plc, Anglian Water Services Limited and the Tendring Hundred Waterworks Company and, in relation to any apparatus, means the undertakers to whom the apparatus belongs or by whom the apparatus is maintained:
(2) Notwithstanding the temporary stopping up, diversion of or interference with any watercourse, road or footpath under the powers of Article 11 (Temporary stoppage of watercourses, roads and footpaths) of this Order, the undertakers shall be at liberty at all times to execute and do all such works and things in, upon or under any such watercourse, road or footpath as may be reasonably necessary or desirable to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping up, diversion or interference was in that watercourse, road or footpath:
(3) Notwithstanding anything in this Order or shown on the deposited plans the Rivers Authority shall not acquire any apparatus under the powers of this Order otherwise than by agreement:
(4) If the Rivers Authority in the exercise of the powers of this order acquire any interest in any land in which any apparatus is placed, that apparatus shall not be removed under this Article and any right of the undertakers to maintain, repair, renew or inspect that apparatus in that land shall not be extinguished until adequate alternative apparatus shall have been constructed and be in operation to the reasonable satisfaction of the undertakers:
(5) If the Rivers Authority for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order require the removal of any apparatus in that land, and shall give to the undertakers written notice of such requirement together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed so as to provide adequate alternative apparatus in lieu of the apparatus to be removed, or if, in consequence of the exercise of any of the powers of this Order, the undertakers shall reasonably require to remove any apparatus, the Rivers Authority shall afford to the undertakers the necessary facilities and rights for the construction of such alternative apparatus in other land of the Rivers Authority 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 of the Rivers Authority and the Rivers Authority are unable to afford such facilities and rights as aforesaid in the land in which the alternative apparatus or such part thereof is to be constructed, the undertakers shall, on receipt of a written notice to that effect from the Rivers Authority, forthwith use their best endeavours to obtain the necessary facilities and rights in such last-mentioned land:
(6) (a) Any alternative apparatus to be constructed in land of the Rivers Authority under this Article shall be constructed in such manner and in such line or situation as may be agreed between the undertakers and the Rivers Authority or in default of agreement settled by arbitration;
(b)The undertakers shall, after the alternative apparatus to be provided or constructed shall have been agreed or settled by arbitration as aforesaid and after the grant to the undertakers of any such facilities and rights as are referred to in paragraph (5) above, proceed with all reasonable dispatch to construct and bring into operation the alternative apparatus and thereafter to remove any apparatus required by the Rivers Authority to be removed under the provisions of this Article:
(7) Notwithstanding anything in paragraph (6) above, if the Rivers Authority give notice in writing to the undertakers that they desire themselves to execute 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 land of the Rivers Authority, such work, in lieu of being executed by the undertakers, shall be executed by the Rivers Authority with all reasonable dispatch under the superintendence, if given, and to the reasonable satisfaction of the undertakers:
Provided that nothing in this paragraph shall authorise the Rivers Authority to execute the actual placing, installation, bedding, packing, removal, connection or disconnection of any apparatus or any filling around any apparatus extending (where the apparatus is laid in a trench) to 300 millimetres or more above the apparatus:
(8) Where, in accordance with the provisions of this Article, the Rivers Authority afford to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection in land of the Rivers Authority of alternative apparatus in substitution for apparatus to be removed as aforesaid, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the Rivers Authority and the undertakers or in default of agreement determined by arbitration:
Provided that if the facilities and rights to be afforded by the Rivers Authority in respect of any alternative apparatus and the terms and conditions subject to which the same are to be granted are in the opinion of the arbitrator less favourable on the whole to the undertakers than the facilities and rights enjoyed by them in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator shall make such provision for the payment of compensation by the Rivers Authority to the undertakers in respect thereof as shall appear to him to be reasonable having regard to all the circumstances of the particular case:
(9) (a) Not less than 28 days before commencing to execute any such works as are referred to in paragraph (5) above and are near to or will or may affect any apparatus the removal of which has not been required by the Rivers Authority under the said paragraph (5), the Rivers Authority shall submit to the undertakers a plan, section and description of the works to be executed;
(b)Such works shall be executed only 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 execution of such works:
Provided that–
(i)if the undertakers within 14 days after the submision to them of any such plan, section and description shall, in consequence of the works proposed by the Rivers Authority, reasonably require the removal of any apparatus and give written notice to the Rivers Authority of such requirement, the foregoing provisions of this Article shall apply and have effect as if the removal of such apparatus had been required by the Rivers Authority under the said paragraph (5);
(ii)nothing in this sub-paragraph shall preclude the Rivers Authority from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any such works, a new plan, section and description previously submitted, and thereupon the provisions of this paragraph shall apply to and in respect of such new plan, section and description;
(c)The Rivers Authority shall not be required to comply with sub-paragraph (a) above in a case of emergency but in such a case they shall give to the undertakers notice as soon as reasonably practicable and a plan, section and description of the works as soon as reasonably practicable thereafter and shall comply with sub-paragraph (b) above so far as reasonably practicable in the circumstances:
(10) Where in consequence of this Order any part of any watercourse, street, road or footpath in which any apparatus is situate ceases to be part of a watercourse, street, road or footpath, the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of this Order, but nothing in this paragraph shall prejudice or affect any right of the Rivers Authority or of the undertakers to require removal of such apparatus under this Article or the power of the Rivers Authority to execute works in accordance with paragraph (9) above:
(11) The Rivers Authority shall pay to the undertakers the costs, charges and expenses reasonably incurred by the undertakers in or in connection with the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph (5) above, less the value of any apparatus removed under the provisions of this Article (such value being calculated after removal) and shall also make compensation to the undertakers–
(a)for any damage caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal in accordance with the provisions of this Article); and
(b)for any other expenses, loss, damages, penalty or costs incurred by the undertakers;
by reason or in consequence of the execution, maintenance, user or failure of any such works or otherwise by reason or in consequence of the exercise by the Rivers Authority of the powers of this Order:
(12) Where, by reason or in consequence of the stopping up of any watercourse, street, road or footpath under the powers of this Order any apparatus belonging to the undertakers and laid or placed in such watercourse, street, road or footpath or elsewhere is rendered derelict or unnecessary, the Rivers Authority shall pay to the undertakers the then value of such apparatus (which shall thereupon become the property of the Rivers Authority) and the reasonable cost of and incidental to the cutting off of such apparatus from any other apparatus, and of and incidental to the execution or doing of any works or things rendered necessary or expedient by reason or in consequence of such apparatus being so rendered derelict or unnecessary:
Provided that the Rivers Authority shall not under the provisions of this paragraph be required to pay to the undertakers the value of any apparatus rendered derelict or unnecessary if, to the reasonable satisfaction of the undertakers, other apparatus shall at the expense of the Rivers Authority have been provided and laid and made ready for use in substitution for the apparatus so rendered derelict or unnecessary:
(13) Any difference arising between the Rivers Authority and the undertakers under this Article shall be referred to and settled by a single arbitrator to be agreed between the Rivers Authority and the undertakers or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.