The Docklands Light Railway (Stratford International Extension) Order 2006

SCHEDULES

Articles 2(1) and 4

SCHEDULE 1 SCHEDULED WORKS

(1)	(2)	(3)
Area	Number of Work	Description of Work
In the London Borough ofNewham	Work No.1	A double track railway (5,703 metres in length), mainly located at grade and within the existing North London Line railway corridor, commencing at a point below grade 50 metres to the north-east of the proposed Channel Tunnel Rail Link Stratford International Station, then continuing west, past the location of the proposed Stratford International DLR station, incorporating pedestrian access, lifts, staircases, platforms and canopies, then rising to grade and turning south-west and passing over the Channel Tunnel Rail Link, then turning south and passing under Waterden Road Bridge, then continuing parallel to the High Meads Curve, then turning south-east and passing parallel to the Channelsea Junction, then turning east and slewing onto the existing Woolwich Line, then turning north-east and passing under a new road bridge structure, then turning south-east and passing under Work No. 2, then continuing under Network Rail and Central Line structures, then through the existing Stratford Regional Station, incorporating modified platforms and canopies, then continuing south-east under Stratford High Street, then slewing eastwards into Bridge Road at the junction with New Mount Street, at the location of the proposed site for Stratford High Street station, incorporating pedestrian access from an elevated concourse, footbridges, lifts, staircases, platforms and canopies, then returning to the railway corridor at the junction of Dawn Crescent and Bridge Road, then continuing south-eastwards at grade between the Jubilee Line and Bridge Road, then slewing east on realigned trackwork past the proposed site for Abbey Road station, incorporating pedestrian access from an elevated concourse, lifts, staircases, platforms and canopies, then continuing south-east under Abbey Road bridge, then turning south within the rail corridor and returning to the existing track alignment, then continuing under the Northern Outfall Sewer, then continuing south under Crows Road, then passing under the London, Tilbury and Southend (“LTS”), District and Hammersmith and City railway lines, then passing through the existing West Ham station, incorporating widening of the platforms, a new lift and canopy extensions, then continuing south parallel to Manor Road, then passing under Stephenson Street Bridge, then slewing east into Manor Road for 250 metres at a point opposite Cranberry Lane, then passing under Work No. 8, then passing the proposed site of Star Lane station, incorporating new lifts, stairs, platforms and canopies, then returning to the existing railway corridor 100 metres to the south of Manor Road junction with Star Lane, then continuing south at grade in the existing corridor parallel to Manor Road, then turning south-east and passing under Newham Way (A13) and Barking Road, then continuing past the existing Canning Town station, incorporating a new lift and extended canopies, then passing under the Canning Town station emergency escape footbridge, continuing south-east in the existing railway corridor and then running parallel with Victoria Dock Road, then at a point adjacent to the Jubilee line portal forming a junction with Work Nos. 13 and 14, then continuing as a single track turning south-east and slewing into Victoria Dock Road between the junctions with Willan Wall and Peto Street North, then returning to the existing railway corridor, then turning east returning to a double track railway from the termination of Work No. 10, then passing under Silvertown Way, continuing east parallel to Victoria Dock Road, passing under a footbridge, then forming junctions with the existing DLR and continuing as a single track railway, then passing eastwards on the north side of Royal Victoria station, including a new platform forming an island platform with the existing platform 1, extensions to the existing platforms and canopies, and replacement stairs to the footbridge from platform 2, then continuing eastwards and terminating approximately 100 metres east of Royal Victoria station at a junction with the existing DLR Beckton line.
	Work No. 2	A double track railway (774 metres in length), commencing at a point on the existing Stratford to North Woolwich railway line south-east of Channelsea South junction, running at-grade south-eastwards parallel to and on the north side of the Channelsea Curve, then turning northwards, passing over the Channelsea River, the existing Stratford to North Woolwich Railway (Work No. 1) and Engineer’s Subway, and then terminating at a point 12 metres west of Stratford Station platform 12 and 85 metres north of the south end of platform 12, including construction of a new platform, associated facilities and modifications and extensions to the existing culvert carrying the Channelsea River, and the Stratford station Western, Central and Eastern subways.
	Work No. 3	A double track railway (319 metres in length), being a realignment of the existing High Meads Loop railway line, commencing at a point on the existing High Meads Loop railway line immediately north-east of High Meads junction, passing north-eastwards across the Channel Tunnel Rail Link and terminating on the existing High Meads railway line at a point 319 metres north-east of High Meads Junction.
	Work No. 4	An access road (157 metres in length), being a realignment of the existing Channel Tunnel Rail Link access road, commencing at a point 12 metres west of the north end of High Meads junction passing north- eastwards across the Channel Tunnel Rail Link and terminating on the existing Channel Tunnel Rail Link access road at a point 157 metres north-east of its commencement point, including modifications to a road junction and turning bay.
	Work No. 5	A road (129 metres in length), being a replacement of Bridge Road, between the junctions with New Mount Street and Dawn Crescent, to provide a combined emergency vehicle route and footpath/cycleway.
	Work No. 6	A footpath (127 metres in length), being a realignment of the existing footpath from Bridge Road to Abbey Road, commencing at a point 65 metres north-west of Bakers Row running south parallel to Work No. 1, rising up on new stairs onto the proposed Abbey Road station concourse then terminating at a junction with the existing Abbey Road footpath.
	Work No. 7	A road (251 metres in length), being a realignment of Manor Road, commencing at a point on Manor Road 20 metres to the north of the junction with Cranberry Lane, passing south past the junction with Cranberry Lane, then under Work No. 8 and past Star Lane, including a new signal controlled junction with Star Lane, then continuing south and terminating at a point 160 metres south of the junction with Star Lane, including modifications to the kerb lines of Cranberry Lane and Star Lane at their junctions with Manor Road.
	Work No. 8	A footbridge (60 metres in length) at Star Lane, being the closure and removal of the existing footbridge and the construction of a new footbridge, commencing on the northern corner of Star Lane and Manor Road passing west over Work No. 7 then over Work No. 1, providing a means of access to the proposed station, incorporating lifts and staircases and then crossing over the Jubilee Line and terminating at a point opposite the end of Cody Road.
	Work No. 9	A single track railway (529 metres in length), mainly located at ground level, commencing 150 metres south of the centre of Canning Town station at a new junction with the existing DLR Beckton to Poplar line, passing southwards through the existing Lower Lea substation compound, then under Work No. 12, then passing adjacent to National Grid’s Tower ZR89, then continuing southwards, parallel to the DLR London City Airport Extension, then passing under a London Underground footbridge, then passing under the Lower Lea Crossing, rising and terminating at a junction with the DLR London City Airport Extension 150 metres south of the Lower Lea Crossing.
	Work No. 10	A double track railway (452 metres in length), mainly located on elevated structure, commencing at a junction with the existing DLR Poplar to Beckton Line 180 metres south of the centre of Canning Town station, then continuing southwards between Work No. 9 and the existing DLR, then rising and turning east, then continuing on structure over Work No. 11, then Work No. 13, then Work No. 14, then turning south-east and falling, then continuing parallel and to the south of Work No. 1, then terminating at a junction with the existing eastbound DLR Poplar to Beckton Line immediately to the west of Silvertown Way.
	Work No. 11	A road (150 metres in length), commencing to the west of the Jubilee Line portal building, passing south at grade, then passing under Work No. 10 and across Work No. 13, then terminating at a junction with the existing LUL access compound 20 metres to the south of the Jubilee Line tunnels access shaft.
	Work No. 12	An access gantry (39 metres in length), raised above the railway to be demolished, commencing on the west side of the Jubilee Line tunnels portal building and crossing west over the existing DLR Poplar to Beckton lines.
	Work No. 13	A double track railway (127 metres in length) located at grade, commencing at a junction with Work No. 14 and adjacent to Work No. 1 east of the Jubilee Line tunnels portal building, then turning south, passing at grade under Work No. 10, then passing across Work No. 11 then under Work No. 16, then passing under an LUL footbridge and terminating at a junction with the DLR London City Airport Extension 10 metres to the north of the Lower Lea Crossing.
	Work No. 14	A single track railway (116 metres in length) located at ground level, commencing at a junction with Work No. 13 and adjacent to Work No. 1 east of the Jubilee Line tunnels portal building, passing south-eastwards under Work No. 10 then turning eastwards and terminating at a junction with the existing DLR Poplar to Beckton railway to the east of the Jubilee Line tunnels access shaft, 150 metres north-west of Silvertown Way.
	Work No. 15	A road (171 metres in length), being a realignment of Victoria Dock Road, commencing 20 metres west of the junction with Willan Wall, passing south-eastwards and terminating at the junction with Peto Street North.
	Work No. 16	A footbridge (53 metres in length), commencing 50 metres to the north-west of the Jubilee Line access shaft, running south parallel to Work No. 11, rising up and passing over Work No. 13 then falling and terminating to the west of the Jubilee Line tunnels access shaft.

Articles 4 and 20

SCHEDULE 2 ADDITIONAL LAND WHICH MAY BE ACQUIRED OR USED

(1)	(2)	(3)
Location	Number of land shown on the deposited plans	Purpose for which land may be acquired or used, and for which works may be carried out
Stratford Regional station	94, 110, 112, 113, 116, 117, 118, 132, 134, 135	To effect comprehensive title transfer from Network Rail.
Rokeby School	172	Utility diversions and associated works.
Stratford High Street to Abbey Road	167, 189	To effect comprehensive title transfer from Network Rail and for the construction of an undertrack crossing.
	174, 175, 176, 191, 201	To effect comprehensive title transfer from Network Rail.
	183	To effect comprehensive title transfer.
	190, 192, 193, 194, 195, 201	To effect comprehensive title transfer from Network Rail and for access to carry out ancillary works.
Abbey Road to Northern Outfall Sewer	220	To effect comprehensive title transfer from Network Rail.
Northern Outfall Sewer West Ham Station Bridge	222, 223, 224, 225, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252	To effect comprehensive title transfer from Network Rail.
	242	To effect comprehensive title transfer from Network Rail and for access to carry out ancillary works.
West Ham Station Bridge to Stephenson Street Bridge	256, 257, 258, 283, 286, 287, 288	To effect comprehensive title transfer from Network Rail.
Stephenson Street Bridge to Star Lane	296	To effect comprehensive title transfer from Network Rail and for the construction of an undertrack crossing.
	297, 299, 301, 302	To effect comprehensive title transfer from Network Rail and to carry out ancillary works.
Star Lane to Newham Way	306, 307, 308, 309, 310, 312, 313, 315, 316, 318	To effect comprehensive title transfer from Network Rail, to carry out works and for formation of a worksite.
	311, 337	To effect comprehensive title transfer from Network Rail.
Newham Way to Jubilee Tunnel Portal	350, 351, 352, 365, 366, 367, 378, 379, 381, 382, 383, 384, 385, 399, 406, 408	To effect comprehensive title transfer from Network Rail.
East of Royal Victoria station to North Woolwich station	538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559	To effect comprehensive title transfer from Network Rail and to maintain, preserve and retain the abandoned railway formation.

Article 6

SCHEDULE 3 STATIONS

(1)	(2)	(3)
Area	Location of existing or new station	Number of land shown on the deposited plans
London Borough of Newham	Stratford International (new)	1 (part), 2, 6, 7, 8 (part), 9 (part), 17 (part)
	Stratford Regional (existing)	114, 115, 119 (part), 120, 122, 123, 125, 126
	Stratford High Street (new)	162, 164, 166, 168 (part), 169 (part)
	Abbey Road (new)	168 (part), 169 (part), 186, 188, 196, 197, 198, 200 (part), 203
	West Ham (existing)	259, 260, 276, 277, 280 (part), 281 (part)
	Star Lane (new)	293 (part), 304, 305, 319, 320, 321 (part), 322, 323, 325, 326, 327, 328, 329, 331, 335 (part), 336 (part)
	Canning Town (existing)	353 (part), 369, 370
	Royal Victoria (existing)	511 (part), 512, 524 (part), 526 (part), 527, 530, 533, 534, 536 (part), 537 (part)

Key to Schedules 4 and 5

KM Kerb line modification

SS Stopping up of street

Article 7

SCHEDULE 4 STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

(1)	(2)	(3)
Area	Street subject to permanent alteration of layout	Description of alteration
In the London Borough of Newham	Station access road at DLR Stratford International station	Alteration of kerb lines to accommodate new highway layout (including footways) between KM1 and KM2
	Bridge Road	Alteration of kerb lines to accommodate new highway layout (including footways) between KM3 and KM4
	New Mount Street	Alteration of kerb lines to accommodate new highway layout (including footways) between KM4 and KM5
	Dawn Crescent	Alteration of kerb lines to accommodate new highway layout (including footways) between KM6 and KM7
	Bakers Row	Alteration of kerb lines to accommodate new highway layout (including footways) between KM8 and KM9
	Access road off north side of Lower Lea Crossing	Alteration of kerb lines to accommodate new highway layout (including footways) between KM10 and KM11

Article 10

SCHEDULE 5 STREETS TO BE STOPPED UP

PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1)	(2)	(3)	(4)
Area	Street affected	Extent of stopping up	New street to be substituted
London Borough of Newham	Bridge Road/Abbey Road staircase	Staircase	Existing staircase to be dismantled and replaced by part of Work No. 1
	Star Lane stairs and footbridge	Stairs and footbridge	Existing stairs and footbridge to be dismantled and replaced by part of Work No. 8
	Stairs to Royal Victoria station (entrance from Seagull Lane)	Staircase between SS1 and SS2	Existing staircase to be dismantled and replaced by part of Work No. 1

PART 2 STREET FOR WHICH NO SUBSTITUTE WILL BE PROVIDED

(1)	(2)	(3)
Area	Street affected	Extent of stopping up
London Borough of Newham	Bridge Road	The entire length between the commencement and termination points of Work No. 5, except for retaining access for emergency vehicles and for a footpath and cycleway

Article 11

SCHEDULE 6 STREETS TO BE TEMPORARILY STOPPED UP

(1)	(2)
Area	Street to be temporarily stopped up
London Borough of Newham	Station Street
	Footpath and stairs from Abbey Road to Bridge Road
	Manor Road
	Star Lane
	Stephenson Street
	Victoria Dock Road
	Willan Wall
	Nelson Street

Article 12

SCHEDULE 7 ACCESS TO WORKS

(1)	(2)
Area	Description of access
London Borough of Newham	Carpenter’s Road
	Station access road south of CTRL International Station
	Station Street
	Bridge Road
	Manor Road
	Crow’s Road/Manor Road
	Cranberry Lane
	Stephenson Street
	Stephenson Street (opposite Bidder Street)
	Sycamore Close
	Nelson Street
	Victoria Dock Road opposite Monk Passage
	Victoria Dock Road east of Royal Victoria station

Article 23

SCHEDULE 8 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS, ETC.

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land shall apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right, and in the case of the imposition of a restrictive covenant, as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973(1) shall have effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(a) for the words “land is acquired or taken from“” there shall be substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and

(b) for the words “acquired or taken from him“” there shall be substituted the words “over which the right is exercisable or the restrictive covenant enforceable”.

(3) In section 58(1) (determination of material detriment where part of house, etc., proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—

(a) for the words “part of” in paragraphs (a) and (b) there shall be substituted the words “a right over or restrictive covenant affecting land comprising”;

(b) for the word “severance” there shall be substituted the words “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden”;

(c) for the words “part proposed” there shall be substituted the words “right or restrictive covenant proposed”; and

(d) for the words “part is” there shall be substituted the words “right or restrictive covenant is”.

Adaptation of the 1965 Act

3.—(1) The 1965 Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including reference to—

(a) the right acquired or to be acquired or the restrictive covenant imposed or to be imposed; or

(b) the land over which the right is or is to be exercisable or the restrictive covenant is or is to be enforceable.

(2) Without prejudice to the generality of sub-paragraph (1), Part 1 of the 1965 Act shall apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right, or in relation to the imposition of a restrictive covenant, with the modifications specified in the following provisions of this Schedule.

4.  For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section:—

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 to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”.

5.  For section 8 of the 1965 Act (provisions as to divided land) there shall be substituted the following:—

(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, or a restrictive covenant affecting, land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—

(a) a question of disputed compensation in respect of the purchase of the right or the imposition of the covenant would apart from this section fall to be determined by the Lands Tribunal (“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 manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or

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

the Docklands Light Railway (Stratford International Extension) Order 2006(2) (“the Order”) shall, in relation to that person cease to authorise the purchase of the right or the imposition of the covenant 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.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section shall be determined by the tribunal.

(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the 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 authority to withdraw the notice.”.

6.  The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say:—

(a) section 9(4) (failure by owners to convey);

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

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

(d) 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 compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7.  Section 11 of the 1965 Act (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 or restrictive covenant, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right or enforcing that covenant (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 warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.

8.  Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9.  Section 22 of the 1965 Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) 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 acquired or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

Article 25

SCHEDULE 9 LAND IN WHICH ONLY NEW RIGHTS, ETC., MAY BE ACQUIRED

(1)	(2)
Area	Number of land shown on the deposited plans
London Borough of Newham	18, 21, 41, 46, 47, 48, 72, 73, 125, 127, 129, 137, 138, 139, 140, 141, 171, 172, 179, 184, 185, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 247, 248, 249, 250, 251, 252, 340, 394, 395, 396, 400, 534

Articles 4, 18 and 27

SCHEDULE 10 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)	(2)	(3)	(4)
Area	Number of land shown on the deposited plans	Purpose for which temporary possession may be taken	Authorised Work
Stratford Rail Lands	13	Work site, High Meads Loop earthworks	Work No. 3
	16	Work site, Stratford International DLR station earthworks	Work No. 1
	19, 20	Work site, for Stratford International DLR Station construction	Work No. 1
	22	Access for construction	Work Nos. 1, 3 and 4
	39, 40	Work site	Work Nos. 1, 3 and 4
	54	Work site for re-profiling earthworks	Work No. 1
	61, 64, 65, 82, 83	Work site for earthworks and construction	Work Nos. 1 and 2
	71	Temporary access during construction
	74, 77, 78, 79	Work site for earthworks and construction	Work Nos. 1 and 2
Stratford Regional station to Stratford High Street	121, 124	Work site for new platform construction	Work No. 1
Stratford High Street to Abbey Road	143, 145	Traffic management during construction works	Work No. 1
	170	Traffic management during construction	Work Nos. 1 and 5
	173, 177, 178, 181	Work site for station construction	Work Nos. 1 and 5
	182	Traffic management	Work No. 1
	187	Traffic management and worksite	Work Nos. 1 and 6
	199	k site for station construction	Work Nos. 1 and 6
Abbey Road to Stephenson Street Bridge	202	Traffic management during construction	Work Nos. 1 and 6
	228, 229, 231, 232, 233, 235, 236, 239, 261, 264, 265, 266, 267, 272, 275, 278, 279, 282, 284, 285	Traffic management during construction and boundary improvements	Work No. 1
Stephenson Street Bridge to Newham Way	292	Traffic management during construction	Work No. 1
	294	Work site for road realignment and station construction	Work Nos. 1, 7 and 8
	295	Traffic management and access to worksite	Work Nos. 1 and 7
	298, 303, 314, 317	Traffic management during construction	Work Nos. 1 and 8
	324	Traffic management during construction	Work Nos. 1, 7 and 8
	330, 333	Access for construction of boundary wall	Work No. 7
Newham Way to Limmo	358, 359, 360, 361, 362, 363, 368, 372, 375, 376	Access and worksite for station construction	Work No. 1
387, 388, 389, 390	Work site	Work No. 1
Limmo	401, 402, 415, 416, 417, 418, 419, 420, 448, 449, 451, 489, 490, 491, 492, 493, 500, 502	Access and work site for grade separated junction works	Work Nos. 1, 9, 10, 11, 12, 13, 14, 15 and 16
Thames Wharf	425, 435, 436	Access and work site for construction	Work No. 9
	428, 429, 430, 431, 432	Access and work site	Work Nos. 1, 9, 10, 11, 12, 13, 14, 15 and 16
Victoria Dock Road	465	Traffic management during construction	Work Nos. 1 and 15
Near Nelson Street	470, 471, 472, 474, 475, 476, 477, 482, 484, 485, 486	Access and work site	Work Nos. 1, 10 and 15
Royal Victoria station	525, 535	Traffic management during construction	Work No. 1
	528, 529, 531, 532	Access and work site for station works	Work No. 1

Articles 10, 31 and 36

SCHEDULE 11 PROVISIONS RELATING TO STATUTORY UNDERTAKERS, ETC.

Apparatus of statutory undertakers, etc., on land acquired

1.—(1) Subject to the following provisions of this paragraph, sections 271 to 274 of the 1990 Act (power to extinguish rights of statutory undertakers, etc. and power of statutory undertakers, etc. to remove or re-site apparatus) shall apply in relation to any land acquired under this Order, or which is held by DLRL and is appropriated or used (or about to be used) by it for the purposes of the Order or purposes connected therewith, and all such other provisions of that Act as apply for the purposes of those provisions (including sections 275 to 278, which contain provisions consequential on the extinguishment of any rights under sections 271 and 272, and sections 279(2) to (4), 280 and 282, which provide for the payment of compensation) shall have effect accordingly.

(2) In the provisions of the 1990 Act, as applied by sub-paragraph (1), references to the appropriate Minister are references to the Secretary of State.

(3) Where any apparatus of public utility undertakers or of a public communications provider is removed in pursuance of a notice or order given or made under section 271, 272 or 273 of the 1990 Act, as applied by sub-paragraph (1), any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from DLRL compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(4) Sub-paragraph (3) shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that sub-paragraph, any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

shall be entitled to recover from DLRL compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant. (5) The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 of this Schedule or Part 3 of the 1991 Act applies. (6) In this paragraph—“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003(3); and“public utility undertakers” has the same meaning as in the Highways Act 1980(4).

Apparatus of statutory undertakers, etc., in stopped up streets

2.—(1) Where a street is stopped up under article 10 any statutory utility whose apparatus is under, in, upon, over, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

(2) DLRL shall give not less than 28 days' notice in writing of its intention to stop up any street under article 10 of this Order to any statutory utility whose apparatus is under, in, upon, over, along or across that street.

(3) Where notice under sub-paragraph (2) has been given, any statutory utility whose apparatus is under, in, upon, over, along or across the street may where reasonably necessary for the efficient operation of the undertaking of the statutory utility and, if reasonably requested so to do by DLRL, shall—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the statutory utility may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as aforesaid.

(4) Subject to the following provisions of this paragraph, DLRL shall pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with:—

(a) the execution of relocation works required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of relocation works.

(5) If in the course of the execution of relocation works under sub-paragraph (3)—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions except where this has been solely due to using the nearest available type, capacity or dimension; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by DLRL, or, in default of agreement, is not determined by arbitration to be necessary in consequence of the construction of the authorised works in order to ensure the continued efficient operation of the undertaking of the statutory utility, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory utility by virtue of sub-paragraph (4) shall be reduced by the amount of that excess.

(6) For the purposes of sub-paragraph (5)—

(a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended provides more than an equivalent service; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

(7) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (4) (and having regard, where relevant, to sub-paragraph (5)) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30 June, 1992, as revised and re-issued from time to time.

(8) Sub-paragraphs (4) to (7) shall not apply where the authorised works constitute major transport works for the purposes of Part 3 of the 1991 Act, but instead—

(a) the allowable costs of the relocation works shall be determined in accordance with section 85 of that Act (sharing of costs of necessary measures) and any regulations for the time being having effect under that section; and

(b) the allowable costs shall be borne by DLRL and the statutory utility in such proportions as may be prescribed by any such regulations.

(9) The temporary stopping up, alteration or diversion of any highway under article 10 of this Order shall not affect any right of a public communications provider in respect of any apparatus which at the time of the stopping up or diversion is in the highway.

(10) In this paragraph—

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“public communications provider” has the same meaning as in paragraph 1(6);

“relocation works” means works executed, or apparatus provided, under sub-paragraph (3); and

“statutory utility” means a statutory undertaker for the purposes of the Highways Act 1980 or a public communications provider.

Article 37

SCHEDULE 12 FOR PROTECTION OF RAILWAY INTERESTS

1.  The following provisions of this Schedule shall have effect unless otherwise agreed in writing between DLRL and Network Rail and, in the case of paragraph 15, any other person on whom rights or obligations are conferred by that paragraph.

2.  In this Schedule—

“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” shall be construed accordingly;

“the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

“the London, Tilbury and Southend railway” means the railway operating between London Fenchurch Street, Tilbury and Southend stations together with any related stations, lands, works, apparatus, equipment, easements and other property rights;

“plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

“railway operational procedures” means procedures specified under any access agreement (as defined in the 1993 Act) or station lease;

“railway property” means any railway belonging to Network Rail and any station, land, works, apparatus or equipment belonging to Network Rail or connected therewith and includes any easement or other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment but does not include any part of the railway known as the North London Line lying between the southern boundary of Stratford Regional station and North Woolwich station and any related stations, land, works, apparatus, equipment, easement and other property interest (except any railway property at West Ham or elsewhere on the North London Line relating to the London, Tilbury and Southend railway and any other railway property which at the time of construction of any specified work is known to exist and is required to be retained by Network Rail);

“the specified train operators” means the following bodies, and includes in each case any subsidiaries and successors from time to time as train operators over railway property—

(a)

c2c Rail Limited, company registration number 02938993;

(b)

Direct Rail Services Limited, company registration number 03020822;

(c)

English Welsh and Scottish Railway Limited, company registration number 02938988;

(d)

Freightliner Group Limited, company registration number 05313119;

(e)

London Eastern Railway Limited, trading as One Railway, company registration number 04955356; and

(f)

Silverlink Train Services Limited, company registration number 03007935; and

“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 in any way affect, railway property;

and references (howsoever phrased) to the opinion of the engineer shall be construed as references to the reasonable opinion of the engineer in all cases where the opinion does not relate to the safe operation of the railways of Network Rail or of the services of operators using the same.

3.—(1) Where under this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or statute.

(2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures Network Rail and the specified train operators shall—

(a) co-operate with DLRL with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

(b) use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised works pursuant to this Order.

4.—(1) DLRL shall not exercise the powers conferred by section 11(3) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2) DLRL shall not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3) DLRL shall not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictions on the use of any railway property except with the consent of Network Rail.

(4) DLRL shall not exercise the powers conferred by sections 271 or 272 of the 1990 Act, as applied by Schedule 11 to this Order, in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(5) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent shall not be unreasonably withheld but may be given subject to reasonable conditions.

5.—(1) DLRL shall before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work shall not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration.

(2) The approval of the engineer under sub-paragraph (1) shall not be unreasonably withheld or delayed, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated his disapproval of those plans and the grounds of his disapproval, DLRL may serve upon the engineer written notice requiring the engineer to intimate his approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from DLRL. If by the expiry of the further period of 28 days the engineer has not intimated his approval or disapproval, he shall be deemed to have approved the plans as submitted.

(3) If by the expiry of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to DLRL that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if DLRL desires such part of the specified work to be constructed, Network Rail shall at the expense of DLRL construct it.

(4) When signifying his approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his opinion should be carried out before the commencement of construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation, decommissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works) and such protective works as may be reasonably necessary for those purposes shall be constructed by Network Rail but at the expense of DLRL, or if Network Rail so desires such protective works shall be carried out by DLRL at its own expense with all reasonable dispatch, and DLRL shall not commence the construction of the specified works until the engineer has notified DLRL that the protective works have been completed to his reasonable satisfaction.

6.—(1) Any specified work and any protective works to be constructed by virtue of paragraph 5(4) shall, when commenced be constructed—

(a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

(b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer; and

(c) in such manner as to cause as little damage as is possible to railway property and as little interference as may be reasonably practicable and consistent with the safe and efficient construction and operation of the specified work, with the conduct of traffic on the railways of Network Rail.

(2) If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of a specified work, DLRL shall, notwithstanding any such approval, make good such damage and shall pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

(3) Without prejudice to any other operational railway requirement, DLRL shall give to the engineer not less than 180 days' notice of its intention to commence the construction of a specified work and also, except in emergency (when it shall give such notice as may be reasonably practicable), of its intention to carry out any works for the maintenance or repair of a specified work in so far as such work of repair or maintenance may affect railway property.

(4) Nothing in this Schedule shall impose any liability on DLRL with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents.

7.—(1) DLRL shall—

(a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

(b) supply the engineer with all such information as he may reasonably require with regard to a specified work or the method of constructing it.

(2) DLRL and Network Rail shall enter into an agreement to regulate the design, construction and maintenance of the specified works.

8.  Network Rail shall at all times afford reasonable facilities to DLRL and its agents for access to any works carried out by Network Rail under this Schedule during their construction and shall supply DLRL with such information as it may reasonably require with regard to such works or the method of constructing them.

9.—(1) If any alterations or additions, either permanent or temporary, to railway property are reasonably necessary during the construction of a specified work or any protective works under paragraph 5(4), or during a period of 12 months after the commencement of regular revenue-earning train operations using the railways comprised in any specified work, in consequence of the construction of a specified work, such alterations and additions may be carried out by Network Rail and if Network Rail gives to DLRL reasonable notice of its intention to carry out such alterations and additions, DLRL shall pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in operating, maintaining and when necessary, renewing any such alterations or additions.

(2) If in the case of an emergency arising during the construction of a specified work by DLRL, Network Rail gives notice to DLRL that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if DLRL desires that part of the specified work to be constructed, Network Rail shall assume construction of that part of the specified work and DLRL shall, notwithstanding any such approval of a specified work under paragraph 5(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

(3) If the cost of operating, maintaining or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such savings shall be set off against any sum payable by DLRL to Network Rail under this paragraph.

10.  DLRL shall repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

(a) in constructing any part of a specified work on behalf of DLRL as provided by paragraph 5(3) or in constructing any protective works under the provisions of paragraph 5(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of operating, maintaining and renewing those works;

(b) in respect of the approval by the engineer of plans submitted by DLRL and the supervision by him of the construction of a specified work and otherwise in connection with the implementation of the provisions of this Schedule;

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

(d) in respect of any special traffic working resulting from any speed restrictions which may, in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution or diversion of services which may be reasonably necessary for the same reason; and

(e) 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 or failure of a specified work.

11.—(1) In this paragraph—

“EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail’s apparatus generated by the operation of the authorised works where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

“Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised works) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

(2) This paragraph shall apply to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 5 for the relevant part of the authorised works giving rise to EMI (unless DLRL has been given notice in writing before the approval of those plans of the intention to make such change).

(3) Subject to sub-paragraph (5), DLRL shall in the design and construction of the authorised works take all measures necessary to prevent EMI and shall establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

(4) In order to facilitate DLRL’s compliance with sub-paragraph (3)—

(a) DLRL shall consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter shall continue to consult with Network Rail (both before and after formal submission of plans under paragraph 5(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

(b) Network Rail shall make available to DLRL all information in Network Rail’s possession reasonably requested by DLRL in respect of Network Rail’s apparatus identified pursuant to paragraph (a); and

(c) Network Rail shall allow DLRL reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to paragraph (a).

(5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail shall not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution shall be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 5(1) shall have effect subject to this sub-paragraph.

(6) If at any time prior to the commencement of regular revenue-earning train operations on the new railways comprised in the authorised works and notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing or commissioning of the authorised works causes EMI then DLRL shall immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) DLRL’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

(7) In the event of EMI having occurred—

(a) DLRL shall afford reasonable facilities to Network Rail for access to DLRL’s apparatus in the investigation of such EMI;

(b) Network Rail shall afford reasonable facilities to DLRL for access to Network Rail’s apparatus in the investigation of such EMI; and

(c) Network Rail shall make available to DLRL any additional material information in its possession reasonably requested by DLRL in respect of Network Rail’s apparatus or such EMI.

(8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraph (5) or (6)—

(a) Network Rail shall allow DLRL reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

(b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs shall be carried out and completed by DLRL in accordance with paragraph 6.

(9) To the extent that it would not otherwise do so, the indemnity in paragraph 15(1) shall apply to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

(10) For the purpose of paragraph 10(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

(11) In relation to any dispute arising under this paragraph the reference in article 51 to the Institution of Civil Engineers shall be read as a reference to the Institution of Electrical Engineers.

12.  If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to DLRL informing it that the state of maintenance of any part of the specified work not vested in Network Rail appears to be such as adversely affects the operation of railway property, DLRL shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance so as not adversely to affect railway property.

13.  DLRL shall not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it shall have first consulted Network Rail and it shall comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

14.  Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 56 days' previous notice of the commencement of such alteration, reconstruction or maintenance has been given to DLRL, be repaid by DLRL to Network Rail.

15.—(1) DLRL shall pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by Network Rail—

(a) by reason of the construction or maintenance of a specified work or the failure thereof; or

(b) by reason of any act or omission of DLRL or of any person in its employ or of its contractors or others whilst engaged upon a specified work,

and DLRL shall indemnify Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act or thing may have been done by Network Rail on behalf of DLRL or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision shall not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse DLRL from any liability under the provisions of this sub-paragraph.

(2) Network Rail shall give DLRL reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand shall be made without the prior consent of DLRL.

(3) The sums payable by DLRL under sub-paragraph (1) shall include a sum equivalent to the relevant costs.

(4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail shall promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

(5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

(6) I this paragraph—

“the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work, or any such act or omission as mentioned in sub-paragraph (1); and

“train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the 1993 Act.

16.  Network Rail shall, on receipt of a request from DLRL, from time to time provide to DLRL written estimates of the costs, charges, expenses and other liabilities for which DLRL is or will become liable under this Schedule (including the amount of the relevant costs mentioned in paragraph 15) and with such information as may reasonably enable DLRL to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Schedule (including any claim relating to those relevant costs).

17.  In the assessment of any sums payable to Network Rail under this Schedule there shall not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by DLRL under this Schedule or increasing the sums so payable.

Article 38

SCHEDULE 13 FOR PROTECTION OF THE LONDON BOROUGH OF NEWHAM

1.—(1) The following provisions of this Schedule shall, unless otherwise agreed in writing between DLRL and the Council, have effect.

(2) In this Schedule—

“the Council” means the Council of the London Borough of Newham;

“highway” means a street vested in or maintainable by the Council; and

“highway operations” means the construction of any part of the authorised works which will involve interference with a highway or the traffic in a highway and any temporary stopping up, alteration or diversion of a highway.

2.  Before commencing to construct any scheduled work DLRL shall consult the Council about—

(a) the programme for the construction of that work so as to secure, so far as may be reasonably practicable, that the duration of any disturbance occasioned by, or in connection with, such construction shall be reduced to a minimum; and

(b) the land within the Order limits and the temporary land to be occupied and used by DLRL as temporary working sites for the purpose of such construction, the period for which and the manner in which each site shall be used and the steps to be taken by DLRL in order to mitigate any injury to amenity.

3.  DLRL shall consult the Council as to—

(a) the routes in the Council’s area proposed to be used by vehicles, machinery and plant, passing to or from any works under construction; and

(b) the proposed manner and method of disposing of any soil or waste material resulting from the carrying out of any operation in connection with the authorised works,

and such soil or waste material shall not be disposed of by DLRL in the Council’s area in any manner as shall be objected to in writing by the Council.

4.  Before commencing to construct any authorised work which will involve highway operations, DLRL shall consult the Council as to the time when that work will be commenced, as to the extent of the surface of the highway which it may be reasonably necessary for DLRL to occupy in the construction of that work, and as to the conditions under which that work shall be constructed so as not to cause so far as possible inconvenience to the public and to ensure the safety of the public.

5.  Any such highway shall be reinstated by DLRL in a manner reasonably approved by the Council and to its reasonable satisfaction.

6.  DLRL shall not, except with the consent of the Council, deposit any soil, subsoil or materials or stand any vehicle or plant on any highway (except on so much thereof as is for the time being temporarily stopped up or occupied under the powers of this Order) so as to obstruct the use of such highway by any person or, except with the like consent, deposit any soil, subsoil or materials on any highway except within a hoarding.

7.  Except in an emergency or where reasonably necessary to secure the safety of the public no direction or instruction shall be given by the Council to the contractors, servants or agents of DLRL regarding any highway operations without the prior consent in writing of DLRL; but the Council shall not be liable for any additional costs which may be incurred as a result of the giving of instructions or directions pursuant to this paragraph.

8.  DLRL shall, if reasonably so required by the Council, provide and maintain during such time as DLRL may occupy any part of a highway for the purpose of the construction of any part of the authorised works, temporary ramps for vehicular traffic or pedestrian traffic, or both, and any other traffic measures required to protect the safety of road users in accordance with the standard recommended in Chapter 8 of the Traffic Signs Manual issued for the purposes of the Traffic Signs Regulations and General Directions 1994(5) in such position as may be necessary to prevent undue interference with the flow of traffic in any highway.

9.  DLRL shall indemnify the Council against any claim which may arise as a result of any subsidence of, or damage to, any highway or any retained sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or apparatus connected therewith or any other property or work belonging to, or under the jurisdiction or control of, the Council on or under any highway, or maintainable by them, which may be caused by, or in consequence of, any act or default of DLRL, its contractors, servants or agents but the Council shall give to DLRL reasonable notice of any such claim and no settlement or compromise of it shall be made without DLRL’s prior consent.

10.  Wherever in this Schedule provision is made with respect to the approval or consent of the Council, that approval or consent shall be in writing and may be given subject to such reasonable terms and conditions as the Council may require in the interests of safety and in order to minimise inconvenience to persons using the highway, but shall not be unreasonably withheld.

11.  Unless otherwise agreed between the parties any difference arising between DLRL and the Council under this Schedule (other than a difference as to its meaning or construction) shall be determined by arbitration in accordance with article 51.

Article 39

SCHEDULE 14 FOR PROTECTION OF THE ENVIRONMENT AGENCY

1.  For the protection of the Environment Agency (in this Schedule referred to as “the Agency”) the provisions of this Schedule shall, unless otherwise agreed in writing between DLRL and the Agency, have effect.

2.  Before carrying out under the powers of this Order—

(a) any part of the authorised works on or within 8 metres of the banks of any watercourse or within 16 metres in the case of a watercourse which is tidal;

(b) the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991(6); or

(c) the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in or through any land within the Order limits,DLRL shall supply to the Environment Agency for its approval proper and sufficient plans of its proposals (including, where appropriate, plans for mitigating any adverse effects) and shall not carry out any such operation or work otherwise than in accordance with such plans as are approved.

3.  The approval of plans supplied under paragraph 2 shall not be unreasonably withheld and if, within 2 months of such plans being supplied to the Environment Agency, the Environment Agency does not indicate in writing its disapproval and the grounds of its disapproval, it shall be deemed to have approved the plans as supplied.

4.  For the purposes of paragraph 2, “banks” has the meaning given by section 72 of the Land Drainage Act 1991(7) and “plans” includes sections, drawings, specifications, calculations and descriptions.

5.  If any operation or work is carried out in contravention of this Schedule DLRL shall upon receiving notice from the Environment Agency take such action as may be necessary to remedy the effect of the contravention to the Environment Agency’s reasonable satisfaction and in default the Environment Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the DLRL as a debt due from it to the Environment Agency.

Article 40

SCHEDULE 15 FOR PROTECTION OF SPECIFIED UNDERTAKERS

Interpretation

1.  In this Schedule—“apparatus” means—

(a) in the case of a specified undertaker which is an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989(8) belonging to, or maintained by, that undertaker;

(b) in the case of a specified undertaker which is a gas undertaker, mains, pipes or other apparatus belonging to, or maintained by, a gas transporter within the meaning of Part 1 of the Gas Act 1986(9), for the purposes of the transportation or storage of gas;

(c) in the case of a specified undertaker which is a water undertaker—

(i) mains, pipes or other apparatus belonging to, or maintained by, the undertaker for the purposes of water supply; and

(ii) any water main or service pipe (or a part of it) that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991(10);

(d) in the case of a specified undertaker which is a sewerage undertaker—

(i) any drain or works vested in the undertaker under the Water Industry Act 1991; and

(ii) any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104;

and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,

and includes any structure for the lodging therein of apparatus or for giving access to such apparatus;

“construction” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;

“emergency works” has the same meaning as in section 52 of the 1991 Act;

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

“necessary alternative apparatus” means alternative apparatus adequate to enable a specified undertaker to fulfil its statutory or licensed functions in a manner no less efficient than previously;

“plans” includes sections, specifications and method statements;

“specified work” means any of the authorised works which—

(a)

will or may be situated over, or within 15 metres measured in any direction of, or may in any way adversely affect, any apparatus; or

(b)

wherever situated, imposes any load upon any sewer;

the removal of which has not been required under paragraph 8; and

“specified undertaker” means—

(a)

National Grid Gas plc, whose registered office is 1-3 Strand, London WC2N 5EH; and

(b)

Thames Water Utilities Limited, whose registered office is Clearwater Court, Vastern Road, Reading, Berkshire RG1 8DB,

or any person succeeding any such company as a licence holder within the meaning of Part 1 of the Electricity Act 1989, a gas transporter within the meaning of Part 1 of the Gas Act 1986, a water undertaker within the meaning of the Water Industry Act 1991 or as a sewerage undertaker within the meaning of Part 1 of that Act, and “the specified undertaker“” in relation to any apparatus means the specified undertaker to whom the apparatus belongs or by whom it is maintained.

Application of Schedule 11

2.  Paragraphs 1(1) and 2 of Schedule 11 to this Order shall not apply in relation to a specified undertaker and paragraphs 1(3) and 1(4) of that Schedule shall have effect as if they referred to apparatus removed under this Schedule.

Apparatus in stopped up streets

3.  Where any street is stopped up under article 10 of this Order, any specified undertaker whose apparatus is in the street shall have the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up, and DLRL will grant the specified undertaker legal easements reasonably satisfactory to the specified undertaker in relation to such apparatus and access thereto, but nothing in this paragraph shall affect any right of DLRL or of the specified undertaker to require the removal of that apparatus under paragraph 8 or the power of DLRL to carry out works under paragraphs 20 to 29.

4.  DLRL shall give not less than 28 days' notice in writing of its intention to stop up any street under article 10 to any specified undertaker whose apparatus is in that street.

On-street apparatus

5.  This Schedule shall not apply to anything done or proposed to be done in relation to or affecting any apparatus in so far as the relations between DLRL and the specified undertaker are regulated by the provisions of Part 3 of the 1991 Act.

Acquisition of land

6.  DLRL shall not acquire any apparatus from a specified undertaker pursuant to this Order otherwise than by agreement.

7.  DLRL may in exercise of the powers of this Order acquire or appropriate any land in which any apparatus is placed and, following the removal of such apparatus in accordance with the provisions of this Schedule, any rights in that land relating to that apparatus shall be extinguished but no apparatus shall be removed nor shall any right of the specified undertaker to use, maintain or renew any apparatus be extinguished until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the specified undertaker.

Removal of apparatus

8.  Paragraphs 9 to 12 apply where—

(a) DLRL requires the removal of any apparatus for the purpose of constructing any of the authorised works and gives to the specified undertaker not less than 56 days' written notice of that requirement together with a plan 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 or proposed exercise of any of the powers of this Order, the specified undertaker reasonably requires to remove any apparatus.

9.  DLRL shall, if it is practicable to do so, afford to the specified undertaker the necessary rights and facilities for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by DLRL for the purpose of its undertaking or in which it has sufficient rights or interests and thereafter for the use, maintenance and renewal of such apparatus and, if DLRL is unable to obtain those rights and facilities, the specified undertaker shall, on receipt of a written notice to that effect from DLRL, use its best endeavours to obtain the necessary rights and facilities.

10.  The obligation imposed upon the specified undertaker by paragraph 9 shall not extend to the exercise by the specified undertaker of any power to acquire any land or rights in land by compulsory purchase order.

11.  Any alternative apparatus to be constructed by the specified undertaker pursuant to paragraph 9 shall be constructed in such manner, and in such line or situation, as may be agreed between the specified undertaker and DLRL or, in default of agreement, determined by arbitration.

12.  The specified undertaker shall, after the manner of construction and the line or situation of any necessary alternative apparatus have been agreed or determined and after the grant to or obtaining by the specified undertaker of any such facilities and rights as are referred to in paragraph 9, proceed with all reasonable despatch to construct and bring into operation the alternative apparatus and thereafter to remove any apparatus required by DLRL to be removed in accordance with paragraph 8.

Removal of apparatus and construction of alternative apparatus by DLRL

13.  Paragraphs 14 to 16 apply to so much of the work necessary in connection with the construction of alternative apparatus, or the removal of apparatus required to be removed, as will take place in any land held or used, or intended for use, by DLRL for the purpose of its undertaking.

14.  If DLRL gives notice in writing to the specified undertaker that it desires to carry out any part of any work to which this paragraph applies, such work, instead of being carried out by the specified undertaker, may be carried out by DLRL with the prior written consent of the specified undertaker (which shall not be unreasonably withheld and shall be subject to any such conditions as are reasonable and proper to protect the apparatus) in accordance with plans and in a position agreed between the specified undertaker and DLRL or, in default of agreement, determined by arbitration, with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the specified undertaker.

15.  In carrying out any work under paragraph 14 DLRL shall comply with all statutory obligations which would have been applicable had the works been carried out by the specified undertaker.

16.  Nothing in paragraph 14 shall authorise DLRL to carry out the actual placing, erection, installation, bedding, packing, removal, connection or disconnection of any apparatus or, where the apparatus is laid in a trench, execute any filling around the apparatus within 600 millimetres (measured in any direction) of the apparatus.

Facilities and rights for alternative apparatus

17.  Where, in accordance with the provisions of this Schedule, DLRL affords to the specified undertaker facilities and rights for the construction, use, maintenance and renewal in land of DLRL 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 DLRL and the specified undertaker or, in default of agreement, determined by arbitration.

18.  In determining the terms and conditions mentioned in paragraph 17 in respect of alternative apparatus to be constructed across or along the authorised works the arbitrator shall—

(a) give effect to all reasonable requirements of DLRL for ensuring the safety of the authorised works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any such works; and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to any terms and conditions applicable to the apparatus (if any) constructed across or along the authorised works for which the alternative apparatus is to be substituted and to any other reasonable requirements of the specified undertaker.

19.  If the facilities and rights to be afforded by DLRL in respect of any alternative apparatus under paragraph 17 and the terms and conditions subject to which the same are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the specified undertaker 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 DLRL by or to the specified undertaker in respect thereof as shall appear to him to be reasonable having regard to all the circumstances of the case.

Retained apparatus: protection and plan approval

20.  Not less than 56 days before commencing to construct or renew any specified work, DLRL shall submit to the specified undertaker plans of the works.

21.  In relation to a work which is a specified work because of its proximity to or effect on a sewer, the plans to be submitted to the specified undertaker under paragraph 20 shall be detailed plans describing—

(a) the exact position of the specified work;

(b) the level at which it is proposed to be constructed or renewed;

(c) the manner of its construction or renewal;

(d) the position of all sewers within 15 metres of the specified work or upon which the specified work will impose a load; and

(e) by way of detailed drawings, every alteration proposed to be made to any such sewer.

22.  DLRL shall not commence the construction or renewal of any specified work to which paragraph 21 applies until the specified undertaker has given written approval of the plans so submitted.

23.  Any approval of the specified undertaker required under paragraph 22—

(a) may be given subject to reasonable conditions for any purpose mentioned in paragraph 24;

(b) shall not be unreasonably withheld; and

(c) shall be deemed to have been given if it is neither given nor refused within 56 days of the submission of plans for approval.

24.  In relation to a work to which paragraph 21 applies, the specified undertaker may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its sewerage system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any sewer.

25.  A specified work shall be constructed (and in the case of any temporary work removed) only in accordance with—

(a) the plans submitted as aforesaid (and, in the case of plans relating to sewers approved, deemed to have been approved or settled by arbitration, as amended from time to time by agreement between DLRL and the specified undertaker); and

(b) all reasonable requirements made by the specified undertaker for the alteration, or otherwise for the protection, of the apparatus, or for securing access thereto,

and the specified undertaker shall be entitled by its officer to watch and inspect the carrying out of the work.

26.  If within 42 days after the submission to it of any plans under paragraph 20, in consequence of the works proposed by DLRL the specified undertaker reasonably requires the removal of any apparatus and gives written notice to DLRL of that requirement, the foregoing provisions of this Schedule shall have effect as if the removal of such apparatus had been required by the specified undertaker under paragraph 8.

27.  Nothing in paragraphs 20 or 26 shall preclude DLRL from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of any specified work, a new plan thereof in lieu of the plan previously submitted, and thereupon the provisions of those paragraphs shall apply to, and in respect of, such new plan save that the reference in paragraph 26 to 42 days shall be treated as a reference to 21 days.

28.  DLRL shall not be required to comply with paragraph 20 in a case where it is necessary to carry out emergency works but, in such a case, it shall give to the specified undertaker notice so soon as reasonably practicable, and a plan of the works so soon as reasonably practicable thereafter, and shall comply with paragraph 25 so far as reasonably practicable in the circumstances.

29.  Nothing in paragraph 28 shall entitle DLRL to carry out works to any apparatus but, upon receipt of notice from DLRL, the specified undertaker shall proceed to carry out such works as may be required with all reasonable despatch.

Co-operation

30.  Where in consequence of the proposed construction of any of the authorised works, DLRL or a specified undertaker requires the removal of apparatus under paragraph 8 or a specified undertaker makes requirements for the protection or alteration of apparatus under paragraph 25, DLRL shall use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and each specified undertaker shall use its best endeavours to co-operate with DLRL for that purpose.

Access

31.  If in consequence of the exercise of the powers of this Order the access to any apparatus is materially obstructed DLRL shall provide such alternative means of access to such apparatus as will enable the specified undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Expenses

32.  Subject to the provisions of the following paragraphs of this Schedule, DLRL shall repay to the specified undertaker the reasonable expenses incurred by the specified undertaker in, or in connection with—

(a) the inspection, removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Schedule (including any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or exercise of statutory powers for such apparatus);

(b) the cutting off of any apparatus from any other apparatus, or the making safe of any redundant apparatus in consequence of the exercise by DLRL of any power under this Order;

(c) the survey of any land, apparatus or works, the inspection, superintendence and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the exercise by DLRL of any power under this Order; and

(d) any other work or thing rendered reasonably necessary in consequence of the exercise by DLRL of any such power,

within a reasonable time of being notified by the specified undertaker that it has incurred such expenses.

33.  There shall be deducted from any sum payable under paragraph 32 the value of any apparatus removed under the provisions of this Schedule, that value being calculated after removal.

34.  If in pursuance of the provisions of this Schedule—

(a) alternative apparatus of better type, or greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type; or

(b) apparatus (whether existing apparatus or alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated;

and the placing of apparatus of that type or capacity or of those dimensions, or the placing of apparatus at that depth, as the case may be, is not agreed by DLRL or, in default of agreement, is not determined by arbitration to be necessary having regard, among other things, to the nature of the authorised works, then, if such placing involves cost in the construction of the works under paragraphs 9 to 12 exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the specified undertaker by virtue of paragraph 32 shall be reduced by the amount of that excess.

35.  For the purposes of paragraph 34—

(a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

36.  An amount which apart from this paragraph would be payable to the specified undertaker in respect of works by virtue of paragraphs 32 to 35 shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the specified undertaker any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part in the ordinary course, be reduced by the amount which represents that benefit as calculated in accordance with the Code of Practice entitled “Measures Necessary where Apparatus is Affected by Major Works (Diversionary Works)” and dated June 1992 and approved by the Secretary of State on 30th June 1992, as revised and re-issued from time to time.

37.  In any case where work is carried out by DLRL pursuant to paragraphs 14 to 16 and, if such work had been carried out by the specified undertaker, the repayment made to the specified undertaker under paragraph 32 would fall to be reduced pursuant to paragraphs 34 to 36, the specified undertaker shall pay to DLRL such sum as represents the amount of that reduction.

Indemnity

38.  If, by reason or in consequence of the construction, maintenance or failure of any of the authorised works, including any works carried out by DLRL pursuant to paragraph 14 or protective works required by a condition imposed under paragraph 23(a) or required under paragraph 25(b), or any subsidence resulting from any of those works, any damage shall be caused 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 other property of the specified undertaker, or there is any interruption in any service provided by the specified undertaker, DLRL shall repay the cost reasonably incurred by the specified undertaker in making good such damage, or restoring the supply, and shall—

(a) make reasonable compensation to the specified undertaker for any loss sustained by it; and

(b) indemnify the specified undertaker against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from, or incurred by, the specified undertaker,by reason or in consequence of any such damage or interruption; and the fact that any act or thing may have been done by the specified undertaker on behalf of DLRL or in accordance with plans approved by the specified undertaker or in accordance with any requirement of the specified undertaker or under its supervision shall not, subject to paragraph 39, excuse DLRL from any liability under the provisions of this paragraph.

39.  Nothing in paragraph 38 shall impose any liability on DLRL with respect to any damage or interruption to the extent that such damage or interruption is attributable to the neglect or default of the specified undertaker, its officers, servants, contractors or other agents.

40.  The specified undertaker shall give to DLRL reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of DLRL which shall not be unreasonably withheld.

Exercise of safeguarding and survey powers

41.  DLRL shall, so far as is reasonably practicable, so exercise the powers conferred by article 16 of this Order as not to obstruct or render less convenient the access to any apparatus.

42.  DLRL shall not, in the exercise of the powers of section 11(3) of the 1965 Act, as applied by this Order, or of article 18 of this Order, make any trial holes which interfere with any apparatus without the consent of the specified undertaker (which shall not be unreasonably withheld).

Arbitration

43.  Any difference arising between DLRL and a specified undertaker under this Schedule (other than a difference as to its meaning or construction) shall be determined by arbitration in the manner provided by article 51 of this Order and in determining any difference under this Schedule the arbitrator may, if he thinks fit, require DLRL to execute any temporary or other works so as to avoid, so far as may be reasonably possible, interference with the use of any apparatus.

Transfer of powers

44.  DLRL shall give notice to every specified undertaker if any of the powers of DLRL under this Order are transferred to another person in accordance with article 44 of this Order and any such notice shall be given within 14 days of any such transfer becoming effective and shall describe or give (as appropriate)—

(a) the nature of the functions to be transferred;

(b) the extent of that transfer;

(c) the geographical area to which the transfer relates;

(d) the name and address of the transferee; and

(e) the effective date of the transfer.

45.  The obligation to give notice under paragraph 44 to a successor in title to a specified undertaker named in paragraph 1 shall only apply to the extent that DLRL has been informed by notice in writing by that named undertaker, or by a successor in title to that named undertaker, as the case may be, of the name and address of that successor in title.

Notices

46.  Any notice in writing to be given by DLRL to a specified undertaker under this Schedule shall be deemed effectively given if sent by recorded delivery or by registered letter addressed to the registered office of that specified undertaker.

Article 41

SCHEDULE 16 RELEVANT LOCAL RAILWAY ENACTMENTS

PART 1 ENACTMENTS TO HAVE EFFECT SUBJECT TO THE PROVISIONS OF THIS ORDER

Chapter	Title or short title
2 & 3 Vict. c. lxxviii.	Northern and Eastern Railway and Eastern Counties Railway Junction Act 1839
4 & 5 Vict. c. xxiv.	Northern and Eastern Railway Act 1841
9 & 10 Vict. c. cccxcvi.	East & West India Docks and Birmingham Junction Railway Act 1846
19 & 20 Vict. c. lxxvi.	London Tilbury and Southend Railway (Extension and Branches) Act 1856
37 & 38 Vict. c. cxxviii.	Great Eastern Railway Act 1874
38 & 39 Vict. c. cxxxiv.	Great Eastern Railway Act 1875
38 & 39 Vict. c. lvii.	London Tilbury and Southend Railway Act 1875
39 & 40 Vict. c. lxviii.	Great Eastern Railway Act 1876
40 & 41 Vict. c. xlv.	London and North Western Railway (New Works and Additional Lands) Act 1877
41 & 42 Vict. c. clv.	Great Eastern Railway (General Powers) Act 1878
41 & 42 Vict. c. clxxxi.	London and North Western Railway (Additional Powers) Act 1878
42 & 43 Vict. c. cl.	Great Eastern Railway Act 1879
44 & 45 Vict. c. cxxxiv.	Great Eastern Railway Act 1881
45 & 46 Vict. c. clxvi.	Great Eastern Railway Act 1882
48 & 49 Vict. c. xciii.	Great Eastern Railway (General Powers) Act 1885
50 & 51 Vict. c. clxi.	Great Eastern Railway (General Powers) Act 1887
53 & 54 Vict. c. cviii.	Great Eastern Railway (General Powers) Act 1890
60 & 61 Vict. c. xcv.	Great Eastern Railway (General Powers) Act 1897
61 & 62 Vict. c. lxvi.	Great Eastern Railway (General Powers) Act 1898
1901 c. xc .	Great Eastern Railway (General Powers) Act 1901
1904 c. cviii.	Great Eastern Railway (General Powers) Act 1904
1981 c. xxxv.	British Railways (No.2) Act 1981
1991 c. iii.	London Underground Act 1992
1996 c. 61.	Channel Tunnel Rail Link Act 1996
S.I. 2001/1451.	Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001

PART 2 ENACTMENTS TO HAVE EFFECT SUBJECT TO THE PROVISIONS OF THIS ORDER BUT TO BE REPEALED TO THE EXTENT APPLYING TO THE ABANDONED RAILWAY FORMATION

Chapter	Title or short title	Extent of repeal
21 & 22 Vict. c. xcix.	Eastern Counties Railway Act 1858	The whole Act
25 & 26 Vict. c. ccxxiii.	Great Eastern Railway Act 1862	Sections 124 to 126
29 & 30 Vict. c. ccxcix.	North Metropolitan Railway Act 1866	The whole Act
30 & 31 Vict. c. clxx.	Midland Railway (Additional Powers) Act 1867	Sections 6, 31 and 323
4 & 35 Vict. c. lxxv.	Gas Light & Coke Company’s Act 1871	Sections 4 to 28
39 & 40 Vict. c. cxlv.	Midland Railway (New Works &c.) Act 1876	Section 20
40 & 41 Vict. c. lxxxiii.	Great Eastern Railway Act 1877	Section 24
56 & 57 Vict. c. lii.	Great Eastern Railway (General Powers) Act 1893	Sections 22(c) and 31
1915 c. xvi.	Great Eastern Railway Act 1915	Section 23
1930 c. lv.	London and North Eastern Railway (Works) Act 1930	Sections 14(3) and 23
1980 c. xxxii.	London Transport Act 1980	Sections 4 and 20
1989 c. ix.	London Docklands Railway (Beckton) Act 1989	The whole Act

Article 42

SCHEDULE 17 TEMPORARY TRAFFIC REGULATION: PROHIBITION OF WAITING

(1)	(2)	(3)	(4)
Road	Side	Description	Notes
In the London Borough of Newham
Bakers Row	North	Entire length, including turning head	To facilitate vehicle access to the worksite on the gardens of Abbey House
Abbey Road	North	From its junction with Mitre Road for a distance of 25 metres	To facilitate turning movements at junction for larger vehicles
Manor Road	East and West	In both directions, for a distance of 30 metres from the central point of the proposed (temporary) vehicle access	To maintain access to the worksite located north of the Northern Outfall Sewer and ensure adequate sight lines are achieved to maintain safety
Cranberry Lane	East and West	In both directions, for a distance of 15 metres from the central point of the proposed (temporary) vehicle access	To maintain access to the worksite and ensure adequate sight lines are achieved to maintain safety
Stephenson Street	East and West	In both directions, for a distance of 15 metres from the central point of the two proposed vehicle accesses: one temporary, one permanent	To maintain access to the worksite and ensure adequate sight lines are achieved to maintain safety
Victoria Dock Road	North and South	In both directions, for a distance of 15 metres from the central point of the proposed (temporary) vehicle access	To maintain access to the worksite and ensure adequate sight lines are achieved to maintain safety

(1)

1973 c. 26.

(2)

S.I. 2006/2905.

(3)

2003 c. 21.

(4)

1980 c. 66.

(5)

S.I. 1994/1519.

(6)

1991 c. 57.

(7)

1991 c. 59.

(8)

1989 c. 29.

(9)

1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995, c. 45, and was further amended by section 76 of the Utilities Act 2000, c. 27.

(10)

1991 c. 56.