The Great Central (Nottingham) Railway Order 1995

For the protection of sewerage and water undertakers

14.—(1) For the protection of sewerage and water undertakers (which for the purposes of this article are each a “utility”) the following provisions of this article shall, unless otherwise agreed in writing between the undertaker and the utility concerned, apply and have effect.

(2) In this article, “relevant pipe”, in relation to any of the utilities, has the meaning given in section 179(7) of the Water Industry Act 1991(1) but does not include any apparatus in respect of which the relations between a utility and the undertaker are regulated by the provisions of Part III of the New Roads and Street Works Act 1991(2).

(3) Nothing in this Order or in section 18 of the Act of 1845 in its application to the railways shall authorise the undertaker to raise, sink or otherwise alter the position of, or in any way interfere with, any relevant pipe without the consent in writing of the utility concerned, such consent not to be unreasonably withheld.

(4) (a) Where any relevant pipe is situated in or under any land owned or held for the purpose of the railways the undertaker shall at its own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purpose of repairs.

(b) Nothing in this paragraph shall have the effect of requiring the undertaker to carry out works of maintenance in respect of any culvert which a utility or any other person is liable to maintain.

(5) The undertaker shall afford reasonable facilities to a utility for the execution and doing of all such works and things as may be reasonably necessary to enable it to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe.

(6) (a) The undertaker shall compensate a utility—

(i) for any damage done or disturbance caused to any relevant pipe; and

(ii) for any other expenses, loss, damages, penalty or costs incurred by the utility, by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the undertaker of the powers of this Order.

(b) Nothing in this paragraph shall entitle a utility to any payment in respect of damage attributable to the neglect or default of the utility, its servants or agents.

(7) Nothing in this Order shall prejudice or affect the rights of a utility in respect of any relevant pipe or in the provisions of any agreement regulating the relationship between the undertaker and a utility with regard to any relevant pipe and whether made before or after this Order comes into force.

(8) The provisions of the Act of 1845 applied by this Order shall be subject to the provisions of this article.

(9) Any difference arising between the undertaker and a utility under this article shall be determined by arbitration.

(1)

1991 c. 56.

(2)

1991 c. 22.