The Docklands Light Railway (Capacity Enhancement) Order 2005

1.—(1) For the protection of the Board the following provisions shall, unless otherwise agreed in writing between DLRL and the Board, have effect.

(2) In this Schedule—

“construction”, in relation to any specified work or protective work, includes—

(a)

the execution and placing of that work; and

(b)

any replacing, relaying, removal, alteration, renewal, maintenance, repair or reconstruction of that work as may be carried out during the period of 12 months from the completion of that work;

and “construct” and “constructed” have corresponding meanings;

“the designated areas” means those parts of the designated areas, as defined by section 2 of the 1994 Act, that were transferred to the Board by the London Docklands Development Corporation (Transfer of Functions) Order 1998(1);

“detriment” means any damage to a dock area or any other property of the Board and, without prejudice to the generality of that meaning, includes—

(a)

the erosion of the bed or banks of a dock area, or the impairment of the stability of any works, lands or premises forming part of a dock area;

(b)

the siltation of a dock area or the deposit of materials in it so as to permanently damage the dock area;

(c)

the pollution of a dock area;

(d)

any permanent alteration in the water level of a dock area, or permanent interference with the supply of water thereto, or drainage of water therefrom;

(e)

any permanent harm to the ecology of a dock area (including any permanent adverse impact on any site of special scientific interest comprised in the dock area);

“dock area” means the designated areas and includes the waterside and any works, lands or premises belonging to the Board, or under its management or control, and held or used by the Board in connection with the designated areas;

“the engineer” means an engineer appointed by the Board for the purpose in question;

“plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;

“protective work” means a work constructed under sub-paragraph 8(3)(a);

“specified work” means so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may directly and physically affect the dock area;

“the waterside” means so much of the waterside as defined by section 2 of the 1994 Act, as is comprised within the foregoing definition of “the designated areas”.

(1)

S.I. 1998/803.