The Network Rail (Thameslink 2000) Order 2006

SCHEDULES

Articles 2 and 4

SCHEDULE 1 THE SCHEDULED WORKS

In Greater London—

• In the London boroughs of Haringey and Islington—

  • Work No. 1—A decking over of gaps between spans of the bridge at Network Rail’s Finsbury Park station carrying the King’s Cross to Doncaster Railway over Stroud Green Road, including the reconstruction or strengthening of those spans.

• In the London borough of Islington—

  • Work No. 2—A reconstruction of the bridge carrying Cowcross Street over the Metropolitan and Circle Lines of LUL and the Thameslink Railway at Farringdon station.

• In the City of London and London borough of Southwark—

  • Work No. 3—A railway (451 metres in length) on the course of existing railway, commencing in the City of London by a junction with the Thameslink Railway within Network Rail’s Blackfriars station at a point on the bridge carrying that railway over the District and Circle Lines of LUL 23 metres south of the Thameslink Railway bridge over Queen Victoria Street, being carried by Blackfriars bridge over the river Thames and terminating in the London borough of Southwark by a junction with Work No. 5 at a point 91 metres north of the bridge carrying the railway over Southwark Street, including a widening on both sides thereof of part of Blackfriars bridge.

  • Work No. 4—A spur railway (352 metres in length) on the course of existing railway, commencing in the City of London at a point within Network Rail’s Blackfriars station 9 metres south of Blackfriars Underpass, being carried by Blackfriars bridge over the river Thames and terminating in the London borough of Southwark by a junction with Work No. 5 at a point 83 metres north of the bridge carrying the railway over Southwark Street.

• In the London borough of Southwark—

  • Work No. 5—A railway (455 metres in length) on the course of existing railway, commencing by a junction with the termination of Work No. 3 at a point 91 metres north of the bridge carrying the railway over Southwark Street, being carried by existing bridges over Southwark Street, Burrell Street, Treveris Street and Dolben Street and terminating at a point on the Blackfriars to London Bridge Railway 155 metres west of the bridge carrying this and the Charing Cross to London Bridge Railway over Ewer Street.

  • Work No. 6—A spur railway (376 metres in length) on the course of existing railway, commencing at a point 83 metres north of the bridge carrying the railway over Southwark Street, being carried by existing bridges over Southwark Street, Burrell Street, Treveris Street and Dolben Street and terminating at a point on the Blackfriars to Elephant & Castle Railway 37 metres south of the bridge carrying this and the Blackfriars to London Bridge Railway over Dolben Street.

  • Work No. 7—A junction railway (249 metres in length), commencing by a junction with Work No. 5 at a point 40 metres north of the bridge carrying the Blackfriars to London Bridge and Blackfriars to Elephant & Castle Railways over Southwark Street, being carried by an existing bridge over Burrell Street and Treveris Street and terminating by a junction with Work No. 6 at a point 21 metres north of the bridge carrying those railways over Dolben Street.

  • Work No. 8—A railway (508 metres in length), commencing by a junction with Work No. 5 at its termination, being carried by existing bridges over Ewer Street, Great Guildford Street, Southwark Bridge Road and O'Meara Street and terminating by a junction with Work No. 9 at a point 26 metres east of O'Meara Street.

  • Work No. 9—A railway (271 metres in length) at Borough Market, commencing by a junction with the Charing Cross to London Bridge Railway at a point 38 metres east of Ewer Street, being carried by existing bridges over Great Guildford Street, Southwark Bridge Road and O'Meara Street and terminating at the termination of Work No. 8 at a point 26 metres east of O'Meara Street.

  • Work No. 10—A railway (254 metres in length) at Borough Market, being a deviation on the north side thereof of the Charing Cross to London Bridge Railway commencing by a junction with the termination of Work No. 8 being carried by existing bridges over Southwark Street and Stoney Street and terminating by a junction with the Charing Cross to London Bridge Railway at a point 35 metres east of the last mentioned bridge, including a viaduct over lands between or adjoining those streets.

  • Work No. 11—A railway (415 metres in length), commencing by a junction with the Cannon Street Curve at a point 35 metres south of the most westerly platform end at Cannon Street station in the City of London and terminating at a point 39 metres south of Park Street bridge.

  • Work No. 12—A widening on the west side of the bridge and viaduct at Network Rail’s Elephant & Castle station carrying the Elephant & Castle to Loughborough Junction Railway over Walworth Road.

  • Work No. 13—A railway (928 metres in length) through Borough Market and Network Rail’s London Bridge station, being in part a deviation on the south side thereof of the Charing Cross to London Bridge Railway, commencing by a junction with that railway at a point immediately above the eastern abutment of the bridge carrying that railway over Redcross Way, being carried by an existing bridge over Southwark Street and terminating by a junction with the London Bridge to Blue Anchor Junction Railway at a point at Network Rail’s London Bridge station 31 metres east of the bridge carrying that railway over Shand Street at London Bridge, including a new viaduct over, between or adjoining Stoney Street, Bedale Street, Green Dragon Court, Borough High Street, London Bridge Street and Station Approach and an extension of London Bridge signal box.

  • Work No. 14—A junction railway (133 metres in length) at Network Rail’s London Bridge station, commencing by a junction with the Charing Cross to London Bridge Railway at a point 19 metres west of the bridge carrying the western rail approaches to the station over Joiner Street and terminating by a junction with the line of railway serving platform 5 at the station.

• In the London boroughs of Southwark and Lewisham—

  • Work No. 15—A railway (946 metres in length), commencing in the London borough of Southwark by a junction with the London Bridge to New Cross Railway at a point 67 metres west of the bridge carrying that railway and the London Bridge to New Cross Gate Railway over Rotherhithe New Road, being carried by an existing bridge over the former East London Railway (Old Kent Road branch) and terminating in the London borough of Lewisham by a junction with the London Bridge to New Cross Gate Railway at a point immediately above the north-westerly abutment of the bridge carrying that railway over Surrey Canal Road, including a bridge over Works Nos. 17 to 19 and a bridge over Work No. 20.

  • Work No. 16—A railway (431 metres in length), being a deviation of the London Bridge to New Cross Railway, commencing in the London borough of Southwark by a junction with Work No. 15 at a point 120 metres from the commencement of that work and terminating in the London borough of Lewisham at a point on that railway 51 metres south-east of the bridge carrying that railway over Bolina Road.

  • Work No. 17—A railway (1,068 metres in length), commencing in the London borough of Southwark by a junction with the London Bridge to New Cross Gate Railway at a point 67 metres west of the bridge carrying that railway and the London Bridge to New Cross Railway over Rotherhithe New Road, being carried by existing bridges over the course of the former East London Railway (Old Kent Road branch), Landmann Way and the East London Line of LUL and terminating in the London borough of Lewisham by a junction with the London Bridge to New Cross Railway at a point 100 metres north-west of the bridge carrying that railway over Surrey Canal Road, including a bridge over Work No. 20.

  • Work No. 18—A railway (777 metres in length), commencing in the London borough of Southwark by a junction with the London Bridge to New Cross Gate Railway at a point 67 metres west of the bridge carrying that railway and the London Bridge to New Cross Railway over Rotherhithe New Road, being carried by an existing bridge over the course of the former East London Railway (Old Kent Road branch) and terminating in the London borough of Lewisham by a junction with the London Bridge to New Cross Railway at a point 155 metres north-west of the southernmost of the two bridges carrying that railway over Landmann Way, including new or altered viaduct and bridges over Work No. 20 and the course of the former East London Railway (Old Kent Road branch).

  • Work No. 19—A railway (952 metres in length), commencing in the London borough of Southwark by a junction with the London Bridge to New Cross Gate Railway at a point 67 metres west of the bridge carrying that railway and the London Bridge to New Cross Railway over Rotherhithe New Road and terminating in the London borough of Lewisham by a junction with the first mentioned railway at a point 2 metres north-west of the bridge carrying that railway over Surrey Canal Road including bridges over Work No. 20 and the course of the former East London Railway (Old Kent Road branch).

  • Work No. 20—A road, being a realignment of Bolina Road, commencing at a point in that road 2 metres east of the westernmost of the two bridges carrying the London Bridge to New Cross Gate Railway over that road and terminating at a point in that road 35 metres south of its intersection with Silwood Street.

• In the London borough of Lewisham—

  • Work No. 21—A railway (448 metres in length), being a widening and realignment of the spur connecting the London Bridge to Hither Green Railway to the Nunhead to Lewisham Railway, commencing by a junction with the first named railway at a point 118 metres south-east of the bridge carrying Friendly Street over that railway and terminating by a junction with the second named railway at a point 3 metres west of the bridge carrying that railway over the first named railway, including the reconstruction of the St. John’s Vale bridge and the St. John’s Station footbridge.

• In the County of Hertfordshire, City and District of St. Albans, Parish of Harpenden—

  • Work No. 22—A decking over the gap between the twin spans of the bridge at Harpenden station carrying the London to Bedford Railway over Station Road, including the reconstruction or strengthening of those spans.

• In the County of West Sussex, District of Mid Sussex, Parish of Balcombe—

  • Work No. 23—A widening on the east side thereof of the bridge at Network Rail’s Balcombe Station carrying the London to Brighton Railway over Rocks Lane.

• In the County of Kent, Borough of Dartford—

  • Work No. 24—A widening on the south side thereof of the bridge at Network Rail’s Dartford Station carrying the London to Strood Railway over Overy Street.

Articles 4 and 24

SCHEDULE 2 ADDITIONAL WORKS AND LANDS

PART 1 GENERAL

(1) Area/locality	(2) Number of land shown on deposited plans	(3) Purpose for which land may be acquired
London borough of Islington,
Farringdon	91, 92, 94, 97, 99, 102, 109, 112, 113, 115, 116, 120, 122 to 124, 126 and 127	The Farringdon works, working sites and access.
	102	Diversion of LUL cables and other services for the purposes of the Farringdon works.
Snow Hill Tunnel	119, 121, 125, 129 to 133	Provision of overhead railway electrification works and attachments, electrical transformer, working site and temporary access.
City of London,
Farringdon	63 and 64	The Farringdon works, working sites and access.
Snow Hill	2 to 27	Provision of overhead railway electrification works and attachments, working site and temporary access.
Blackfriars	66, 67 and 69	The Blackfriars works, provision of overhead railway electrification works and attachments, working sites and permanent access.
	76, 84, 93, 96, 97,108 and 129	The Blackfriars works.
	102, 103, 106, 110 and 111	The Blackfriars works, working sites and temporary access.
London borough of Southwark,
South Bank	25 (part), 35, 36, 40, 50, 52, 369, 374, 377, 379 to 381, 383, 385, 386, 388 to 390	The Blackfriars works, Works Nos. 5 and 6, provision of overhead railway electrification works and attachments, working sites and permanent access.
Ewer Street	399 to 407	Working site and temporary access.
London Bridge Station	538, 576 and 589	The London Bridge works.
London Bridge to Bermondsey	279, 280, 282, 284, 285, 287, 289, 290, 292 to 294, 297 to 300, 302, 305 to 309, 313, 315, 316, 318 to 320, 330, 331, 339, 346, 350 and 352	Modification of existing track layout.
London borough of Lewisham,
Blackhorse Road	94, 95, 97 to 104	Modification of existing track layout.
Bermondsey to New Cross Gate	88, 89, 106, 108, 110, 111 and 113	Modification of existing track layout and permanent access.
Juno Way	88, 89, 107 to 109	Modification and strengthening of retaining wall and working site.

PART 2 STATION WORKS

(1) Area/station	(2) Number of land shown on deposited plans	(3) Purpose for which land may be acquired
County of Bedfordshire,
Borough of Bedford, Bedford	2 to 5	Platform extension, working site and temporary access.
District of Mid Bedfordshire,
Town and Parish of Sandy,
Sandy	2, 4 to 10	Platform extension, working site and temporary access.
Town and Parish of Biggleswade,
Biggleswade	5 to 15, 17, 18, 21 and 23	Platform extension, working site and temporary access.
Town and Parish of Arlesey,
Arlesey	3 to 6 and 11	Platform extension, working site and temporary access.
Town and Parish of Flitwick,
Flitwick	1 to 6	Platform extension, working site and temporary access.
Parish of Harlington,
Harlington	1 to 8	Platform extension, working site and temporary access.
County of Cambridgeshire,
City and District of Cambridge,	1 to 7	Platform extension, working site and temporary access.
Cambridge
District of South Cambridgeshire, Parish of Foxton,
Foxton	1 to 3 and 5 to 10	Platform extension, working site and temporary access.
Parish of Meldreth,
Meldreth	1 to 11	Platform extension, working site and temporary access.
Parish of Shepreth,
Shepreth	1 to 5 and 8 to 11	Platform extension, working site and temporary access.
County of Hertfordshire, Borough of Hertsmere, Town and Parish of Elstree and Borehamwood,
Elstree and Borehamwood	2 to 8	Platform extension, working site and temporary access.
City and District of St. Albans,
St. Albans	1 and 5 to 23	Platform extension, working site and temporary access.
Parish of Harpenden,
Harpenden	1 and 3 to 18	Platform extension, working site and temporary access.
Greater London, London borough of Barnet,
Mill Hill Broadway	1 to 4 and 6 to 8	Platform extension, working site and temporary access.
Hendon	12 to 14	Platform extension, working site and temporary access.
London borough of Haringey,
Finsbury Park	5, 6 and 8 to 12	Platform extension, working site and temporary access.
London borough of Islington,
Finsbury Park	2, 4 to 14, 19, 21 to 28 and 30 to 36	Platform extension, working site and temporary access.
London borough of Camden,
West Hampstead Thameslink	1 to 16	Platform extension, working site and temporary access.
London borough of Southwark,
Elephant & Castle	107 to 118	Platform extension, working site and temporary access.
London borough of Lewisham,
New Cross	114 to 116, 118 and 120 to 131	Platform extension, working site and temporary access.
Hither Green	149 to 155	Platform extension, working site and temporary access.
London Borough of Croydon, Sanderstead	27 to 29 and 31 to 33	Platform extension, working site and temporary access.
East Croydon	5, 6, 8 to 13	Platform extension, working site and temporary access.
West Croydon	14 to 20	Platform extension, working site and temporary access.
London Borough of Greenwich,
Eltham	1 to 11, 14 and 15	Platform extension, working site and temporary access.
Mottingham	17 to 21	Platform extension, working site and temporary access.
County of Kent, Borough of Dartford,
Dartford	2 to 12, 16 to 18, 20, 22, 29 and 30	Platform extension, working site and temporary access.
Borough of Ashford, Parish of Pluckley,
Pluckley	1 to 8	Platform extension, working site and temporary access.
Borough of Tonbridge & Malling,
Tonbridge	1 to 4	Platform extension, working site and temporary access.
Borough of Tunbridge Wells, Parish of Paddock Wood,
Paddock Wood	1 to 6	Platform extension, working site and temporary access.
County of Surrey, Borough of Reigate & Banstead,
Earlswood	14 to 16 and 18 to 22	Platform extension, working site and temporary access.
Parish of Salfords and Sidlow,
Salfords	8 to 10 and 12 to 15	Platform extension, working site and temporary access.
District of Tandridge, Parish of Oxted,
Oxted	1 and 3 to 12	Platform extension, working site and temporary access.
Borough of Guildford,
Guildford	1 to 5	Platform extension, working site and temporary access.
Parish of Effingham,
Effingham Junction	1 to 6 and 8 to 10	Platform extension, working site and temporary access.
District of Mole Valley,
Bookham	1 to 5	Platform extension, working site and temporary access.
County of West Sussex, District of Arun,
Angmering	2 to 9	Platform extension, working site and temporary access.
Borough of Crawley,
Three Bridges	12 to 34	Platform extension, working site and temporary access.
District of Mid Sussex, Parish of Balcombe,
Balcombe	20, 21 and 30 to 38	Platform extension, working site and temporary access.
District of Adur, Parish of Lancing,
Lancing	4 to 6 and 11	Platform extension, working site and temporary access.
Borough of Worthing,
Durrington-on-Sea	10 to 14	Platform extension, working site and temporary access.
Goring-by-Sea	16 to 31	Platform extension, working site and temporary access.
District of Arun, Town and Parish of Littlehampton,
Littlehampton	1 to 5	Platform extension, working site and temporary access.
County of East Sussex, Borough of Eastbourne,
Eastbourne	11, 13 to 18	Platform extension, working site and temporary access.
Hampden Park	2 to 10	Platform extension, working site and temporary access.
District of Lewes, Parish of Hamsey,
Cooksbridge	1 to 9	Platform extension, working site and temporary access.
Parish of Beddingham with Glynde,
Glynde	2 to 13	Platform extension, working site and temporary access.
Parish of Plumpton,
Plumpton	1 to 6, and 9 to 11	Platform extension, working site and temporary access.
District of Wealden, Parish of Berwick,
Berwick	9 to 16	Platform extension, working site and temporary access.
City of Brighton & Hove,
Brighton	13	Platform extension, working site and temporary access.
Portslade	21 to 23, 25, 26, 28 to 33 and 35	Platform extension, working site and temporary access.
Borough of Luton,
Leagrave	2 to 5 and 7 to 11	Platform extension, working site and temporary access.
Luton	12 to 36 and 38	Platform extension, working site and temporary access.
Luton Airport Parkway	40 and 44	Platform extension, working site and temporary access.

PART 3 POWER REINFORCEMENT SITES

(1) Area/locality	(2) Number of land shown on deposited plans	(3) Purpose for which land may be acquired
County of Cambridgeshire, City and District of Cambridge,
Milton	8, 9, 11, 12, 14 and 15	Provision of electrical equipment, working site and permanent access.
District of Huntingdonshire, Parish of Eynesbury Hardwick,
Little Barford	3 and 4	Provision of electrical equipment, working site and permanent access.
District of South Cambridgeshire, Parish of Litlington,
Litlington	1 and 2	Provision of electrical equipment, working site and permanent access.
Parish of Milton,
Milton	1	Provision of permanent access.
County of Bedfordshire, Borough of Bedford, Parish of Little Barford,
Little Barford	3 and 4	Provision of electrical equipment, working site and permanent access.
District of South Bedfordshire, Parish of Toddington,
Sundon	1 to 7	Provision of electrical equipment working site and permanent access.
County of Hertfordshire, Borough of Hertsmere,
Potters Bar North	1 and 2	Provision of electrical equipment, working site and permanent access.
Potters Bar South	5 and 13	Provision of electrical equipment, working site and permanent access.
Borough of Stevenage,
Stevenage (Langley Junction)	1 to 3	Provision of electrical equipment, working site and permanent access.
District of East Hertfordshire, Town and Parish of Hertford,
Hertford	1	Provision of electrical equipment, working site and permanent access.
Borough of Hertsmere, Parish of Aldenham,
Borehamwood	1 to 3	Provision of electrical equipment, working site and permanent access.
District of Welwyn Hatfield,
Welwyn	1 to 3	Provision of electrical equipment, working site and permanent access.
Greater London, London borough of Barnet,
Hendon (Grahame Park)	9 and 10	Modification of electrical equipment, working site and permanent access.
London borough of Haringey,
Wood Green	1	Extension of electrical equipment and provision of working site.
Hornsey (Cranford Way)	2 to 4	Provision of electrical equipment, working site and permanent access.
London borough of Camden,
Kentish Town	26, 28, 30 and 31	Modification of electrical equipment, provision of working site and permanent access.
Belle Isle	33 to 35	Provision of electrical equipment, working site and permanent access.
London borough of Islington,
Belle Isle	84 to 88	Provision of electrical equipment, working site and permanent access.
City of London,
Apothecary Street	66 and 67	Provision of electrical equipment, working site and permanent access.
London borough of Southwark,
Dolben Street	40	Modification of electrical equipment and working site.
Ewer Street Depot	399 to 407	Provision of electrical equipment, working site and permanent access.
Glasshill Street	415, 416 and 418	Provision of electrical equipment, working site and permanent access.
Borough Road	420 and 421	Provision of electrical equipment, working site and permanent access.
London borough of Lewisham,
Surrey Canal Road	80, 83 and 85	Provision of electrical equipment, working site and permanent access.
New Cross Gate	66, 67, 69 and 71	Provision of electrical equipment, working site and permanent access.
London borough of Croydon,Riddlesdown	35 to 37	Provision of electrical equipment and working site.
County of Surrey, Borough of Reigate & Banstead,
Hooley (Star Lane)	1 and 2	Modification of electrical equipment, provision of parking area, working site and permanent access.
Hooley	3 and 4	Provision of electrical equipment, parking area, working site and permanent access.
Redhill	10 and 11	Modification of electrical equipment, provision of working site and permanent access.
Holmethorpe	6 to 9	Provision of electrical equipment, working site and permanent access.
Whitebushes	25	Provision of electrical equipment, working site and permanent access.
Town and Parish of Horley,
Horley (Greatlake Farm)	3	Provision of electrical equipment, working site and permanent access.
District of Tandridge, Whyteleafe	1 to 6	Modification and provision of electrical equipment and provision of working site.
Parish of Oxted,
Hurst Green	15 to 17	Modification of electrical equipment, provision of working site and permanent access.
Crowhurst Junction	18	Modification of electrical equipment and provision of working site.
Parish of Salfords and Sidlow,
Salfords Station	2 and 7	Modification of electrical equipment, provision of working site and permanent access.
County of West Sussex, Borough of Crawley,
Gatwick	1 to 7	Provision of electrical equipment, working site and permanent access.
Three Bridges	28 to 31	Provision of electrical equipment, working site and permanent access.
District of Horsham, Parish of Lower Beeding,
Faygate	1 to 6, 8 and 10	Modification of electrical equipment, provision of working site and permanent access.
Horsham	1 and 2	Modification of electrical equipment, provision of working site and permanent access.
District of Mid Sussex,
Haywards Heath	11, 13, 18 to 21 and 25	Modification of electrical equipment, provision of working site and temporary access.
Parish of Balcombe,
Balcombe (Ouse Valley)	16 to 19	Modification of electrical equipment, provision of working site and permanent access.
Parish of Slaugham,
Balcombe	1 and 2	Modification of electrical equipment, provision of working site and permanent access.
Parish of Clayton,
Hassocks	1 and 2	Modification of electrical equipment, provision of working site and permanent access.
Parish of Ardingly,
Copyhold	1 and 2	Provision of electrical equipment, working site and permanent access.
Town and Parish of Burgess Hill,
Keymer Junction	1	Provision of electrical equipment, working site and permanent access.
Parish of Cuckfield Rural,
Folly Hill	5	Modification of electrical equipment, provision of working site and temporary access.
Borough of Worthing,
Worthing	1 to 4	Provision of electrical equipment, working site and permanent access.
District of Adur,
Southwick	1 and 2	Provision of electrical equipment, working site and permanent access.
Parish of Lancing,
Shoreham Airport	2 and 3	Provision of electrical equipment, working site and permanent access.
County of East Sussex, District of Lewes, Parish of Beddingham with Glynde,
Southerham	15 to 17	Modification of electrical equipment, provision of working site and permanent access.
Town and Parish of Lewes,
Cockshut	1 to 5	Provision of electrical equipment, working site and permanent access.
City of Brighton & Hove,
Preston Park	9	Modification of electrical equipment, provision of working site and permanent access.
Preston Park Depot	20	Modification of electrical equipment, provision of working site and permanent access.
Hove	16 and 17	Provision of electrical equipment, working site and permanent access.

PART 4 SIGNALLING EQUIPMENT

(1) Area/locality	(2) Number of land shown on deposited plans	(3) Purpose for which land may be acquired
London borough of Lambeth,
Mepham Street	4, 6 and 7	Provision of signalling equipment, working site and permanent access.
Waterloo Road	1 to 3	Provision of signalling equipment, working site and permanent access.
London borough of Southwark,
Abbey Street	301	Provision of signalling equipment, working site and permanent access.
Almond Road	612, 614 and 615	Provision of signalling equipment, working site and permanent access.
Blucher Road	439 to 442	Provision of signalling equipment, working site and permanent access.
Blue Anchor Lane	320, 326 and 327	Provision of signalling equipment, working site and permanent access.
Bombay Street	320	Provision of signalling equipment, working site and permanent access.
Borough Road	98 to 102	Provision of signalling equipment, working site and permanent access.
Burrell Street	25 (part), 383, 385, 386, 388 and 389	Provision of signalling equipment, working site and permanent access.
Chancel Street	391, 393, 394, 396 and 398	Provision of signalling equipment, working site and permanent access.
Clements Road	323	Provision of signalling equipment, working site and permanent access.
Clements Road	609 and 611	Provision of permanent access.
Crampton Street	123 to 127	Provision of signalling equipment, working site and permanent access.
Dockley Road	309 to 311 and 314	Provision of signalling equipment, working site and permanent access.
Dolben Street	36, 37 and 40	Provision of signalling equipment, working site and permanent access.
Enid Street	598 to 601, 603 and 604	Provision of signalling equipment, working site and permanent access.
Ewer Street Depot	37, 47, 48, 399 to 407	Provision of signalling equipment, working site and permanent access.
Ewer Street	77 and 80	Provision of signalling equipment, working site and permanent access.
Invicta Plaza	374, 379 to 381	Provision of signalling equipment, working site and permanent access.
Gambia Street	52 and 53	Provision of signalling equipment, working site and permanent access.
Glasshill Street	415, 416 and 418	Provision of signalling equipment, working site and permanent access.
Great Suffolk Street	50, 55, 67 to 70, 75 and 76	Provision of signalling equipment, working site and permanent access.
Hampton Street	119 to 122	Provision of signalling equipment, working site and permanent access.
Isabella Street	56 to 62	Provision of signalling equipment, working site and permanent access.
King’s Bench Street	95 to 97	Provision of signalling equipment, working site and permanent access.
Lucey Way	317	Provision of signalling equipment, working site and permanent access.
Millstream Road	295	Provision of signalling equipment, working site and permanent access.
New Kent Road	107 to 112, 427 to 429	Provision of signalling equipment, working site and permanent access.
O'Meara Street	130 and 132	Provision of signalling equipment, working site and permanent access.
Penrose Grove	430, 432 and 434	Provision of signalling equipment, working site and permanent access.
Raymouth Road	332, 617 to 622	Provision of signalling equipment, working site and permanent access.
Roper Lane	286	Provision of signalling equipment, working site and permanent access.
Rotherhithe New Road	331, 345, 346, 348, 350 to 353, 623 and 624	Provision of signalling equipment, working site and permanent access.
Southwark Bridge Road	103 to 106	Provision of signalling equipment, working site and permanent access.
Spa Road	605 and 606	Provision of signalling equipment, working site and permanent access.
Surrey Row	87 to 90	Provision of signalling equipment, working site and permanent access.
Tanner Street	594 to 596	Provision of signalling equipment, working site and permanent access.
Tower Bridge Road	292	Provision of signalling equipment, working site and permanent access.
Treveris Street	32 (part)	Provision of signalling equipment, working site and permanent access.
Union Street	83, 85, 408 to 410 and 413	Provision of signalling equipment, working site and permanent access.
Urlwin Street	435, 437 and 438	Provision of signalling equipment, working site and permanent access.
Walworth Road	115 to 118	Provision of signalling equipment, working site and permanent access.
White’s Grounds	281 and 282	Provision of signalling equipment, working site and permanent access.
London borough of Lewisham,
Blackhorse Road	94, 95, 97 to 104	Provision of signalling equipment, working site and permanent access.
Bolina Road	14	Provision of signalling equipment, working site and permanent access.
Canal Approach	90, 91 and 93	Provision of signalling equipment, working site and permanent access.
Landmann Way	31, 36, 79, 81 and 82	Provision of signalling equipment, working site and permanent access.
New Cross Station	114 to 116	Provision of signalling equipment, working site and permanent access.
Rolt Street	60, 61 and 63 to 65	Provision of signalling equipment, working site and permanent access.
Surrey Canal Road	80, 83 and 85	Provision of signalling equipment, working site and permanent access.

Article 14

SCHEDULE 3 STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Street subject to street works
London borough of Camden	York Way
London borough of Haringey	Stroud Green Road (A1201) Tottenham Lane
London borough of Islington	York Way Cowcross Street Stroud Green Road (A1201) Turnmill Street
City of London	Blackfriars Court Blackfriars Lane Blackfriars Passage New Bridge Street Victoria Embankment
London borough of Lambeth	Waterloo Road
London borough of Southwark	Almond Road Bedale Street Borough High Street (A3) Enid Street Green Dragon Court Joiner Street London Bridge Street Railway Approach St. Thomas Street Station Approach Stoney Street Tooley Street
London borough of Lewisham	Bolina Road Pagnell Street
County of Surrey, Borough of Reigate & Banstead	Brighton Road (A23) Dean Lane Three Arch Road
Town and Parish of Horley	Ladbroke Road/Langshott Road
District of Tandridge	Well Farm Road Godstone Road
County of West Sussex, Borough of Worthing	Newland Street
District of Adur	Albion Street
Parish of Lancing	New Salts Farm Road
City of Brighton & Hove	Goldstone Villas/Station Approach
District of Mid Sussex, Parish of Balcombe	Rocks Lane
County of Kent, Borough of Dartford	Overy Street

Article 15

SCHEDULE 4 STREETS TO BE PERMANENTLY STOPPED UP

PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted
London boroughs of Lewisham and Southwark	Bolina Road	Between commencement and termination of Work No. 20	Work No. 20

PART 2 STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up
London borough of Islington	Cowcross Street	Within the Order limits, hatched black
London borough of Southwark	Railway Approach	Within the Order limits, hatched black
London borough of Lewisham	Bolina Road	Within the Order limits, hatched black

Article 16

SCHEDULE 5 STREETS TO BE TEMPORARILY STOPPED UP

(1) Area	(2) Streets to be stopped up
London borough of Camden	Brill Place Iverson Road (B520) Ossulston Street York Way (A5200)
City of London	Apothecary Street Blackfriars Court Blackfriars Lane Blackfriars Passage Blackfriars Underpass/Upper Thames Street (A3211) Charterhouse Street Paul’s Walk Puddle Dock Queen Victoria Street Victoria Embankment
London borough of Haringey	Stroud Green Road
London borough of Islington	Charterhouse Street Cowcross Street Farringdon Road Station Place Stroud Green Road Turnmill Street Vine Street Bridge York Way (A5200)
London borough of Lambeth	Mepham Street Waterloo Road
London borough of Lewisham	Bolina Road Canal Approach Fernbrook Road/Staplehurst Road New Cross Road (A2) Pagnell Street Rolt Street Silwood Street Sorrell Close Surrey Canal Road Trundleys Road Cliff Terrace St John’s Vale Public path along the course of the former East London Line Railway
London borough of Southwark	Abbey Street Almond Road Bankside Walk Bedale Street Bermondsey Street (A2205) Blue Anchor Lane Bolina Road Bombay Street Borough High Street (A3) Borough Road Burrell Street Chancel Street Corbett’s Lane Corbett’s Passage Crampton Street Crucifix Lane Dockley Road Dolben Street Duke Street Hill Elephant Road Enid Street Ewer Street Gambia Street Glasshill Street Great Suffolk Street Green Dragon Court Hampton Street Holyrood Street Hopton Street Isabella Street Joan Street Joiner Street King’s Bench Street London Bridge Street Maltby Street Millstream Road New Kent Road (A201) O'Meara Street Park Street Penrose Grove Penrose Street Pocock Street Raymouth Road Redcross Way Roper Lane Rotherhithe New Road Shipwright Yard Silwood Street St. James’s Road St. Thomas Street Southwark Bridge Road (A300) Southwark Street (A3200) Stainer Street Stoney Street Surrey Row Tanner Street Tooley Street Tower Bridge Road Treveris Street Union Street (B300) Urlwin Street Vinegar Yard Walworth Road (A215) Weston Street White’s Grounds
London borough of Greenwich	Shrubsall Close
County of Bedfordshire, Borough of Bedford	Ashburnham Road
District of Mid Bedfordshire, Town and Parish of Arlesey	Public road off Arlesey Road (A507)
Parish of Henlow	Public road off Arlesey Road (A507)
County of Cambridgeshire, District of South Cambridgeshire, Parish of Foxton	Cambridge Road (A10(T))
Parish of Litlington	Road from Baldock Road to Litlington
Parish of Shepreth	Barrington Road
County of East Sussex, Borough of Eastbourne	Mallard Close Station Approach
District of Lewes, Town and Parish of Lewes	Footpath No. 47 between A26 and A27
Parish of Beddingham with Glynde	Public Highway from A27(T) to Glyndebourne Footpath No. 47 between A26 and A27
Parish of Plumpton	Public Footpath from East View Fields to Plumpton Racecourse between Order limits
County of Hertfordshire, City and District of St Albans, Parish of Harpenden	Carlton Road Station Road (B562)
Borough of Hertsmere, Parish of Aldenham	Cherry Tree Lane—Footpath No. 4F301/10 Watling Street (A5183)
District of East Hertfordshire, Town and Parish of Hertford, District of Welwyn Hatfield	North Road (A119) Burrowfield
County of Kent, Borough of Dartford	Overy Street Mill Pond Road
Borough of Ashford, Parish of Pluckley	Bethesden Road
Borough of Tonbridge & Malling	Mabledon Road Public footpath between Chichester Road and Wincliffe Road
County of Surrey, Borough of Reigate & Banstead	Brighton Road (A23) Dean Lane Three Arch Road Trowers Way
Town and Parish of Horley	Ladbroke Road/Langshott Road
Parish of Salfords and Sidlow	Southern Avenue
District of Tandridge	Well Farm Road Godstone Road (A22)
Parish of Oxted	Station Approach
County of West Sussex, Borough of Worthing	The Causeway Goring Street Newland Street/Station Road
District of Adur, Parish of Lancing	Albion Street New Salts Farm Road
District of Mid Sussex	Bannister Way/Market Place Market Place/Boltro Road
Parish of Ardingly	Copyhold Lane
Parish of Balcombe	Parish Lane Rocks Lane
Town and Parish of Burgess Hill	Junction Road
Parish of Cuckfield Rural	Rocky Lane
Parish of Slaugham	Parish Lane (Bridleway No. 33)
City of Brighton & Hove	Goldstone Villas/Station Approach Trafalgar Street Withdean Road/Station Road
Borough of Luton	Grange Avenue

Article 17

SCHEDULE 6 ACCESS TO WORKS

(1) Area	(2) Description of Access
London borough of Camden	Brill Place Iverson Road (B520) Ossulston Street York Way (A5200)
City of London	Blackfriars Court Blackfriars Lane
London borough of Haringey	Stroud Green Road
London borough of Islington	Charterhouse Street Farringdon Road Stroud Green Road Turnmill Street York Way (A5200)
London borough of Lambeth	Mepham Street Waterloo Road
London borough of Lewisham	Canal Approach Fernbrook Road/Staplehurst Road New Cross Road (A2) Pagnell Street Rolt Street Sorrell Close Surrey Canal Road Trundleys Road Cliff Terrace
London borough of Southwark	Abbey Street Bedale Street Bermondsey Street (A2205) Blue Anchor Lane Bombay Street Borough Road Chancel Street Crampton Street Dockley Road Dolben Street Enid Street Ewer Street Gambia Street Glasshill Street Great Suffolk Street Green Dragon Court Hampton Street Hopton Street Isabella Street Joan Street Joiner Street King’s Bench Street London Bridge Street Millstream Road New Kent Road (A201) O'Meara Street Park Street Raymouth Road Redcross Way Roper Lane Rotherhithe New Road Shipwright Yard St. James’s Road St. Thomas Street Southwark Bridge Road (A300) Southwark Street (A3200) Stainer Street Stoney Street Surrey Row Union Street Vinegar Yard Walworth Road (A215) White’s Grounds
London borough of Greenwich	Shrubsall Close
County of Bedfordshire, Borough of Bedford	Ashburnham Road
District of Mid Bedfordshire, Town and Parish of Arlesey	Public road off Arlesey Road (A507)
County of Cambridgeshire, District of South Cambridgeshire,
Parish of Foxton	Cambridge Road (A10(T))
Parish of Litlington	Road from Baldock Road to Litlington
Parish of Shepreth	Barrington Road
County of East Sussex, District of Lewes,
Parish of Beddingham with Glynde	Public Highway from A27(T) to Glyndebourne
County of Hertfordshire,
Borough of Hertsmere,	Cherry Tree Lane—Footpath No. 4F301/10
Parish of Aldenham	Watling Street (A5183)
District of East Hertfordshire,
Town and Parish of Hertford	North Road (A119)
District of Welwyn Hatfield	Burrowfield
County of Kent,
Borough of Dartford	Overy Street Mill Pond Road
Borough of Ashford,
Parish of Pluckley	Bethesden Road
Borough of Tonbridge & Malling	Mabledon Road Public footpath between Chichester Road and Wincliffe Road
County of Surrey,
Borough of Reigate & Banstead	Brighton Road Dean Lane Three Arch Road
Town and Parish of Horley	Ladbroke Road/Langshott Road
District of Tandridge	Well Farm Road
County of West Sussex,
Borough of Worthing	The Causeway Newland Street/Station Road
District of Adur,
Parish of Lancing	New Salts Farm Road
District of Mid Sussex	Bannister Way/Market Place Market Place/Boltro Road
Parish of Ardingly	Copyhold Lane
Parish of Balcombe	Parish Lane
Town and Parish of Burgess Hill	Junction Road
Parish of Cuckfield Rural	Rocky Lane
Parish of Slaugham	Parish Lane (Bridleway No. 33)
City of Brighton & Hove	Trafalgar Street Withdean Road/Station Road

Article 26

SCHEDULE 7 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

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 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 1973 Act 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” there shall be substituted the words “a right over land is purchased”, and

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

(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 word “part” in paragraphs (a) and (b) there shall be substituted the words “a right over land consisting”,

(b) for the word “severance” there shall be substituted the words “right over 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 proposed”, and

(d) for the words “part is” there shall be substituted the words “right 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 as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired, or

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

(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 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—

“7. 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 is depreciated by the acquisition of the right 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 (which relates to cases in which a vendor cannot be required to sell part only of a building or garden) there shall be substituted the following—

(1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or 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 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 without material detriment to that land, or

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

the Network Rail (Thameslink 2000) Order 2006(1) (“the Order”) shall, in relation to that person, cease to authorise the purchase of the right and be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the tribunal directs.

(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 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, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on 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 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, subject to compliance with that section as respects compensation.

Article 29

SCHEDULE 8 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area/locality	(2) Number of land shown on deposited plans	(3) Purpose for which temporary possession may be taken	(4) Authorised work
County of Cambridgeshire,
City and District of Cambridge,	10, 13 and 16	Working site	Provision of electrical equipment
Milton
District of South Cambridgeshire,
Parish of Foxton, Foxton	4	Working site	Platform extension
County of Bedfordshire, Borough of Bedford, Parish of Little Barford
Little Barford	6	Working site	Provision of electrical equipment
District of Mid Bedfordshire,
Town and Parish of Arlesey,	8, 9, 10, 12 and 13	Working sites and accesses	Platform extensions
Arlesey
County of Hertfordshire, City and District of St. Albans,
St. Albans	2 to 4, 19 and 24	Working site and access	Platform extension
Borough of Hertsmere,
Potters Bar South	7 to 11 and 14 to 16	Access	Provision of electrical equipment
London borough of Haringey,
Finsbury Park	6	Working site	Work No. 1
London borough of Islington,
Finsbury Park	3	Working site	Work No. 1
London borough of Camden,
Kentish Town	27	Working site and access	Modification of electrical equipment
St. Pancras	22 to 24	Working sites and accesses	Fitting out Midland Road Station box comprised in Work No. 2 authorised by the Channel Tunnel Rail Link Act 1996(2) and the tunnels comprised in Works Nos. 2, 2A, 2AA, 2B and 2BB authorised by that Act
London borough of Islington,
Farringdon	90, 114, 117 and 118	Working site and access	The Farringdon works
City of London,
Blackfriars	113	Working sites and access	The Blackfriars works and Works Nos. 5 and 6
London borough of Southwark,
South Bank	361 and 368	Working sites and access	The Blackfriars works
Southwark Street/Borough High Street	444, 451, 452, 455, 459, 494, 506 and 519	Working sites and access	The London Bridge Works
London Bridge Station	574, 575, 577, 578, 579, 583 and 585	Working sites and access	The London Bridge Works
Elephant & Castle	114 and 116	Working sites and access	Work No. 12
Bermondsey	343, 344, 347 to 349 and 353	Working sites and access	Works Nos. 15, 16, 17, 18, 19 and 20
London borough of Lewisham,
Bermondsey	14, 20, 29, 30, 36, 40, 45 and 50	Working sites and access	Works Nos. 15, 16, 17, 18, 19 and 20
New Cross	119	Working site and access	Platform extension and provision of signalling equipment
London borough of Croydon,
East Croydon	7	Working site	Platform extension
London borough of Greenwich,
Mottingham	16	Working site	Platform extension
County of Surrey Borough of Reigate &Banstead,
Earlswood	23	Working site and access	Platform extension
County of West Sussex, District of Mid Sussex, Parish of Cuckfield Rural,
Folly Hill	4 and 6	Working site and access	Modification of electrical equipment
District of Adur, Parish of Lancing,
Lancing	8, 10 and 12	Working site and access	Platform extension
Borough of Worthing,
Durrington-on-Sea	7 and 8	Working site and access	Platform extension
County of Kent,
Borough of Dartford	27	Working site and access	Platform extension and Work No. 24
Borough of Ashford,
Pluckley	7 and 8	Working site and access	Platform extension
City of Brighton & Hove,
Portslade	27	Working site and access	Platform extension
Borough of Luton,
Luton Airport Parkway	41, 42, 45 and 46	Working site and access	Platform extension

Article 46

SCHEDULE 9 PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.

Apparatus of statutory undertakers etc. on land acquired

1.—(1) 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 or appropriated by Network Rail under this Order subject to the following provisions of this paragraph; 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 an electronic communications code operator or former PTO 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 Network Rail 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 Network Rail 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 or Part 3 of the Street Works Act applies.

(6) In this paragraph—

“the 1990 Act” means the Town and Country Planning Act 1990(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 15 (permanent stopping up of streets) 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) Where a street is stopped up under article 15 (permanent stopping up of streets) any statutory utility whose apparatus is under, in, upon, over, along or across the street may and, if reasonably requested so to do by Network Rail, shall—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the 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.

(3) Subject to the following provisions of this paragraph, Network Rail shall pay to any statutory utility an amount equal to the cost reasonably incurred by the 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.

(4) If in the course of the execution of relocation works under sub-paragraph (2)—

(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 currently available type, 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 Network Rail or, in default of agreement, is not determined by arbitration to be necessary, 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 paragraph would be payable to the statutory utility by virtue of sub-paragraph (3) shall be reduced by the amount of that excess.

(5) For the purposes of sub-paragraph (4)—

(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, 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.

(6) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (3) (and having regard, where relevant, to sub-paragraph (4)) 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 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.

(7) Sub-paragraphs (3) to (6) shall not apply where the authorised works constitute major transport works for the purposes of Part 3 of the Street Works Act, but instead—

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

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

(8) In this paragraph—

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

“relocation works” means works executed, or apparatus provided, under sub-paragraph (2); and

“statutory utility” means a statutory undertaker for the purposes of the Highways Act 1980(5) or an electronic communications code operator or former PTO.

Railway and navigation undertakings

3.—(1) Subject to the following provisions of this paragraph, the powers under article 14 (power to execute street works) to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)—

(a) is under the control or management of, or is maintainable by, railway or tramway undertakers or a navigation authority, or

(b) forms part of a level crossing belonging to any such undertakers or to such an authority or to any other person,

except with the consent of the undertakers or authority or, as the case may be, of the person to whom the level crossing belongs.

(2) Sub-paragraph (1) shall not apply to the carrying out under this Order of emergency works, within the meaning of Part 3 of the Street Works Act.

(3) A consent given for the purposes of sub-paragraph (1) may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

(4) In this paragraph “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.

Article 47

SCHEDULE 10 PROTECTIVE PROVISIONS

PART 1 PROTECTION FOR ELECTRICITY, GAS AND WATER UNDERTAKERS

1.—(1) For the protection of the several undertakers referred to in this Part of this Schedule the following provisions shall, unless otherwise agreed in writing between Network Rail and the undertaker concerned, have effect.

(2) In this Part of this Schedule—

“adequate alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—

(a)

in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989(6)) belonging to or maintained by that undertaker; or

(b)

in the case of a gas or water undertaker, any mains, pipes or other apparatus belonging to or maintained by such undertaker;

(not being, except in paragraph 2, apparatus in respect of which the relations between Network Rail and the undertaker in question are regulated by the provisions of Part 3 of the Street Works Act) and includes any structure for the lodging therein of apparatus or for giving access to apparatus;

“functions” includes powers and duties;

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

“plan” includes sections and method statements; and

“undertaker” means any person authorised to carry on, in any area within which Network Rail are by this Order authorised to purchase land or execute works, an undertaking for the supply of water or the supply, transportation or storage of gas or for the generation, transmission or supply of electricity; and, in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

(3) The provisions of Schedule 9 (provisions relating to statutory undertakers etc.) to this Order shall not apply in relation to apparatus to which this Part of this Schedule applies.

2.  Notwithstanding the temporary stopping up or diversion of any highway under the powers of article 16 (temporary stopping up of streets), an undertaker shall be at liberty at all times to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain, renew or use any apparatus which at the time of the stopping up or diversion was in that highway.

3.—(1) Network Rail, in the case of the powers conferred by article 22 (protective works to buildings), shall, so far as is reasonably practicable, so exercise those powers as not to obstruct or render less convenient the access to any apparatus and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of any undertaker or any interruption in the supply of electricity, gas or water, as the case may be, by the undertaker is caused, Network Rail shall bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and, subject to sub-paragraph (2), shall—

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

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

by reason of any such damage or interruption.

(2) Nothing in this paragraph shall impose any liability on Network Rail with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of an undertaker or its contractors or workmen; and the undertaker shall give to Network Rail reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of Network Rail.

4.  Notwithstanding anything in this Order or shown on the deposited plans Network Rail shall not acquire any apparatus under the powers of this Order otherwise than by agreement.

5.—(1) If Network Rail, in the exercise of the powers of this Order, acquires any interest in any land in which any apparatus is placed, that apparatus shall not be removed under this Part of this Schedule and any right of an undertaker to use, maintain or renew that apparatus in that land shall not be extinguished until adequate alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertaker in question.

(2) If Network Rail, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, requires the removal of any apparatus placed in that land, it shall give to the undertaker in question written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed so as to provide adequate alternative apparatus in place of the apparatus to be removed, and in that case (or if in consequence of the exercise of any of the powers of this Order the undertaker reasonably requires to remove any apparatus) Network Rail shall, subject to sub-paragraph (3), afford to the undertaker the necessary facilities and rights for the construction of the alternative apparatus in other land of Network Rail and thereafter for the use, maintenance and renewal of that apparatus.

(3) If the alternative apparatus or any part thereof is to be constructed elsewhere than in other land of Network Rail, or Network Rail is unable to afford such facilities and rights as aforesaid in the land in which the alternative apparatus or part of it is to be constructed, the undertaker shall, on receipt of a written notice to that effect from Network Rail, forthwith use its best endeavours to obtain the necessary facilities and rights in that last-mentioned land.

(4) Any alternative apparatus to be constructed in land of Network Rail under this Part of this Schedule shall be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and Network Rail or in default of agreement settled by arbitration under article 51 (arbitration).

(5) The undertaker in question shall, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration as aforesaid and after the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed with all reasonable dispatch to construct and bring into operation the alternative apparatus and thereafter to remove any apparatus required by Network Rail to be removed under the provisions of this Part of this Schedule.

(6) Notwithstanding anything in sub-paragraph (5), if Network Rail gives notice in writing to the undertaker in question that it desires itself to execute any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as will take place in any land of Network Rail, that work, instead of being carried out by the undertaker, shall be carried out by Network Rail in accordance with plans and specifications and in a position agreed between the undertaker and Network Rail or in default of agreement determined by arbitration, with all reasonable dispatch under the superintendence (if given) and to the reasonable satisfaction of the undertaker.

(7) Nothing in sub-paragraph (6) shall authorise Network Rail to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

6.—(1) Where, in accordance with the provisions of this Part of this Schedule, Network Rail affords to an undertaker facilities and rights for the construction, maintenance and renewal in land of Network Rail 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 Network Rail and the undertaker in question or in default of agreement settled by arbitration in accordance with sub-paragraphs (2) and (3).

(2) In settling those terms and conditions in respect of alternative apparatus to be constructed in or along any railway of Network Rail, the arbitrator shall—

(a) give effect to all reasonable requirements of Network Rail for ensuring the safety and efficient operation of the railway and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of Network Rail or the traffic on the railway; and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions (if any) applicable to the apparatus for which the alternative apparatus is to be substituted and have regard to the undertaker’s ability to fulfil its service obligations.

(3) If the facilities and rights to be afforded by Network Rail in respect of any alternative apparatus and the terms and conditions subject to which the same are to be granted are in the opinion of the arbitrator less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator shall make such provision for the payment of compensation by Network Rail to the undertaker as appears to him to be reasonable having regard to all the circumstances of the particular case.

7.—(1) Not less than 28 days before commencing the execution of any works that are referred to in paragraph 5(2) and are near to, or will or may affect, any apparatus the removal of which has not been required by Network Rail under paragraph 5(2), Network Rail shall submit to the undertaker in question a plan, section and description of the works to be executed.

(2) Those works shall be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the undertaker for the alteration or otherwise for the protection of the apparatus or for securing access thereto and the undertaker shall be entitled by its officer to watch and inspect the execution of those works.

(3) Any requirements made by the undertaker under sub-paragraph (2) shall be made within a period of 21 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) If an undertaker within 21 days after the submission to it of a plan, section and description, shall, in consequence of the works proposed by Network Rail, reasonably require the removal of any apparatus and gives written notice to Network Rail of that requirement, the foregoing provisions of this Part of this Schedule shall apply as if the removal of the apparatus had been required by Network Rail under paragraph 5(2).

(5) Nothing in this paragraph shall preclude Network Rail from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description of the works in place of the plan, section and description previously submitted, and thereupon the provisions of this paragraph shall apply to and in respect of the new plan, section and description.

(6) Network Rail shall not be required to comply with sub-paragraph (1) in a case of emergency but in that case it shall give to the undertaker in question notice as soon as reasonably practicable and a plan, section and description of those works as soon as reasonably practicable thereafter and shall comply with sub-paragraph (2) so far as reasonably practicable in the circumstances.

8.  If in consequence of the exercise of the powers of this Order the access to any apparatus is materially obstructed Network Rail shall provide alternative means of access to such apparatus which is, so far as reasonably practicable, no less convenient than the access enjoyed by the undertaker prior to the obstruction.

9.  Where, by reason of this Order, any part of any highway in which any apparatus is situate ceases to be part of a highway an undertaker may exercise the same rights of access to such apparatus as it enjoyed immediately before the coming into force of this Order, but nothing in this paragraph shall affect any right of Network Rail or of the undertaker to require removal of such apparatus under this Part of this Schedule or the power of Network Rail to execute works in accordance with paragraph 7.

10.—(1) Subject to the following provisions of this paragraph, Network Rail shall pay to an undertaker the costs, charges and expenses reasonably incurred by that undertaker in or in connection with the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 5(2), less the value of any apparatus removed under the provisions of this Part of this Schedule (that value being calculated after removal), and shall also make compensation to that undertaker—

(a) for any damage caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal in accordance with the provisions of this Part of this Schedule); and

(b) for any other expenses, loss, damages, penalty or costs incurred by that undertaker,

by reason of the execution, maintenance, user or failure of those works or otherwise by reason of the exercise by Network Rail of the powers of this Order.

(2) If in pursuance of the provisions of this Part of this Schedule—

(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 currently available type, 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 Network Rail or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the construction of works under this Part of this Schedule 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 undertaker in question by virtue of sub-paragraph (1) shall be reduced by the amount of that excess.

(3) For the purposes of sub-paragraph (2)—

(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, 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.

(4) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works by virtue of sub-paragraph (1) (and having regard, where relevant, to sub-paragraph (2)) 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 undertaker 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.

(5) Sub-paragraphs (1) to (4) shall not apply where the authorised works constitute major transport works for the purposes of Part 3 of the Street Works Act, but instead—

(a) the allowable costs of the construction of works under this Part of this Schedule shall be determined in accordance with section 85 of that Act (sharing of cost of necessary measures) and any regulations for the time being having effect under that section, and

(b) the allowable costs shall be borne by Network Rail and the undertaker in such proportions as may be prescribed by any such regulations.

11.—(1) Where, by reason of the stopping up of any highway pursuant to this Order, any apparatus belonging to an undertaker and laid or placed in such highway or elsewhere is rendered derelict or unnecessary, Network Rail shall, subject to sub-paragraph (2), pay to that undertaker the then value of such apparatus (which shall thereupon become the property of Network Rail) and the reasonable cost of and incidental to the cutting off of such apparatus from any other apparatus, and of and incidental to the execution or doing of any works or things rendered necessary or expedient by reason of such apparatus being so rendered derelict or unnecessary.

(2) Network Rail shall not under the provisions of this paragraph be required to pay to an undertaker the value of any apparatus rendered derelict or unnecessary if, to the reasonable satisfaction of the undertaker, other apparatus has at the expense of Network Rail been provided and laid and made ready for use in substitution for the apparatus so rendered derelict or unnecessary.

12.  Any difference arising between Network Rail and an undertaker under this Part of this Schedule shall be referred to and settled by arbitration under article 51 (arbitration).

13.  Nothing in this Part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between Network Rail and an undertaker in respect of any apparatus laid or erected in land belonging to Network Rail on the coming into force of this Order.

PART 2 PROTECTION FOR OPERATORS OF AN ELECTRONIC COMMUNICATIONS CODE NETWORK

14.  For the protection of any operator of an electronic communications code network (in this Part of this Schedule referred to as “the operator”) the following provisions shall, unless otherwise agreed in writing between Network Rail and the operator, have effect.

15.  The temporary stopping up or diversion of any highway under article 16 (temporary stopping up of streets) shall not affect any right of the operator under paragraph 9 of the electronic communications code to maintain any apparatus which, at the time of the stopping up or diversion, is in that highway.

16.—(1) Subject to sub-paragraphs (2) to (4), if by reason or in consequence of the construction of the authorised works or any subsidence resulting from any of those works, any damage is caused to any electronic communications apparatus belonging to British Telecommunications plc (“BT”), 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 BT, or there is any interruption in the supply of the service provided by BT, Network Rail shall bear and pay the cost reasonably incurred by BT in making good such damage or restoring the supply and shall—

(a) make reasonable compensation to BT for loss sustained by it, and

(b) indemnify BT against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, BT, by reason or in consequence of any such damage or interruption.

(2) Sub-paragraph (1) shall not apply to any apparatus in respect of which the relations between Network Rail and BT are regulated by the provisions of Part 3 of the Street Works Act or to any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised works.

(3) Nothing in sub-paragraph (1) shall impose any liability on Network Rail with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of BT, its officers, servants, contractors or agents.

(4) BT shall give Network Rail reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of Network Rail which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

17.  Any difference arising between Network Rail and the operator under this Part of this Schedule shall be referred to and settled by arbitration under article 51 (arbitration).

PART 3 PROTECTION FOR SEWERAGE UNDERTAKERS

18.—(1) For the protection of sewerage undertakers the following provisions shall, unless otherwise agreed in writing between Network Rail and the sewerage undertaker concerned, have effect.

(2) In this Part of this Schedule—

“construction” includes placing or altering; and “constructed” shall be construed accordingly;

“plan” includes sections and method statements;

“sewer” means a public sewer within the meaning of the Water Industry Act 1991(7) and includes a disposal main within the meaning of that Act;

“specified works” means so much of the authorised works as will or may be situated over or within 15 metres measured in any direction of, or (wherever situated) impose any load directly upon, any sewer; and

“the undertaker” means the sewerage undertaker for the area of the works or whose sewers are affected.

(3) The provisions of Schedule 9 (provisions relating to statutory undertakers etc.) to this Order shall not apply in relation to apparatus to which this Part of this Schedule applies.

19.—(1) Before commencing the construction or renewal of any specified work, or in the case of any temporary work its removal, Network Rail shall submit to the undertaker plans of the work as described in sub-paragraph (3) (in this Part of this Schedule referred to as “the plans”) and shall not commence that work until the undertaker has signified in writing its approval of the plans.

(2) Any approval of the undertaker required under this paragraph—

(a) may be given subject to reasonable conditions;

(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.

(3) The plans to be submitted to the undertaker shall be detailed plans, drawings, sections and specifications describing the position and manner in which, and the level at which, any specified work is proposed to be constructed and the position of all sewers of the undertaker within 15 metres of that work or upon which the specified work will impose a load and shall include detailed drawings of every alteration which Network Rail may propose to any such sewers.

(4) For the purpose of the preparation of the plans the undertaker shall permit Network Rail to have access to plans in its possession and to any of its sewers.

(5) The undertaker may require such modifications to be made to the plans as may be reasonably necessary to secure the sewerage system of the undertaker against interference or risk of damage and to provide and secure proper and convenient means of access to any sewer.

20.—(1) The specified work shall be constructed, or (in the case of any temporary work) removed, in accordance with the plans approved, or deemed to have been approved, under paragraph 19 or settled by arbitration, as the same may be amended from time to time by agreement between Network Rail and the undertaker, and in the construction or removal of any specified work Network Rail shall comply with all reasonable requirements of the undertaker and shall provide new, altered or substituted sewers or works for the protection of any sewers of the undertaker, in such manner as the undertaker may reasonably require by way of replacement provision for or for the proper protection of, and for preventing injury or impediment to, any such sewer by reason of any specified work.

(2) All works under sub-paragraph (1) for the provision of new, altered or substituted sewers or the protection of any sewers of the undertaker shall, where so required by the undertaker, be constructed by the undertaker or under the supervision (if given) of an officer of the undertaker duly appointed for the purpose, and all costs, charges and expenses reasonably incurred by the undertaker in the construction of such works, or in the preparation or examination of plans or designs for such works, or in such supervision, shall be paid to the undertaker by Network Rail.

(3) When works for the provision of any such new, altered or substituted sewer, or any such protective work forming part of any such new, altered or substituted sewer or any existing sewer of the undertaker, have been completed under this Part of this Schedule to the reasonable satisfaction of the undertaker, they shall be vested in and become maintainable by the undertaker.

21.—(1) Subject to the following provisions of this Part of this Schedule, Network Rail shall be liable to make good, or, if the undertaker so decides, to repay to the undertaker any expense reasonably incurred by the undertaker in making good, all injury or damage to any sewers, drains or works vested in the undertaker (except in so far as such sewer, drain or work is intended for alteration or removal for the purposes of the specified work) caused by or resulting from the construction of any specified work or any investigation undertaken in respect of any specified work and the provision of any new, altered or substituted sewer or any protective work under this Part of this Schedule and shall pay to the undertaker any additional expense to which it may be put in the maintenance, management or renewal of any new, altered or substituted sewer which may be necessary in consequence of the construction of any specified work.

(2) Network Rail shall indemnify the undertaker against all actions, claims, demands, costs, expenses, damages or loss which may be made on or against the undertaker, which the undertaker may incur or have to pay or which it may sustain in consequence of the construction of any specified work or of the failure or want of repair of any specified work or any subsidence caused by the construction of any specified work or in consequence of any act or omission of Network Rail, its contractors, agents, workmen or servants, whilst engaged upon any specified work and any new, altered or substituted sewer or any protective work.

(3) The undertaker shall give to Network Rail reasonable notice of any such claim or demand mentioned in sub-paragraph (2) and no settlement or compromise of the claim or demand shall be made without the agreement in writing of Network Rail.

(4) Nothing in sub-paragraph (1) or (2) shall impose any liability on Network Rail in respect of any damage to the extent that it is attributable to the act, neglect or default of the undertaker, its officers, servants, or, if not Network Rail, its contractors or agents.

(5) If in pursuance of the provisions of this Part of this Schedule—

(a) a sewer of better type, of greater capacity or of greater dimensions is placed in substitution for an existing sewer 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) a sewer (whether an existing sewer or a sewer substituted for an existing sewer) is placed at a depth greater than the depth at which the existing sewer was,

and the placing of a sewer of that type or capacity or of those dimensions or the placing of a sewer at that depth, as the case may be, is not agreed by Network Rail or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the sewer 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 undertaker by virtue of sub-paragraph (1) shall be reduced by the amount of that excess.

(6) For the purposes of sub-paragraph (5) an extension of a sewer to a length greater than the length of an existing sewer shall not be treated as a placing of a sewer of greater dimensions than those of the existing sewer.

(7) An amount which apart from this sub-paragraph would be payable to the undertaker in respect of works by virtue of sub-paragraph (1) (and having regard, where relevant, to sub-paragraph (5)) shall, if the works include the placing of a sewer provided in substitution for a sewer placed more than 7 years and 6 months earlier so as to confer on the undertaker any financial benefit by deferment of the time for renewal of the sewer in the ordinary course, be reduced by the amount which represents that benefit.

(8) Sub-paragraphs (1) and (5) to (7) shall not apply where the authorised works constitute major transport works for the purposes of Part 3 of the Street Works Act, but instead—

(a) the allowable costs of the construction of works under this Part of this Schedule shall be determined in accordance with section 85 of that Act (sharing of cost of necessary measures) and any regulations for the time being having effect under that section, and

(b) the allowable costs shall be borne by Network Rail and the undertaker in such proportions as may be prescribed by any such regulations.

22.—(1) An officer of the undertaker duly appointed for the purpose may, at any reasonable time and, if required by Network Rail, under its supervision and control, enter upon and inspect any specified work or any other works constructed under this Part of this Schedule.

(2) The approval by the undertaker of any plans, drawings, sections or specifications or the supervision by it of any work under this Part of this Schedule shall not (if it was done without negligence on the part of the undertaker, its officers, servants, or, if not Network Rail, its contractors or agents) exonerate Network Rail from any liability or affect any claim for damages by the undertaker.

23.—(1) Notwithstanding the temporary stopping up or diversion of any highway under the powers of article 16 (temporary stopping up of streets), the undertaker shall be at liberty at all times to construct and do all such works and things in, upon or under any such highway as may be reasonably necessary to enable it to maintain, renew, protect or use any sewer which at the time of the stopping up or diversion was in that highway.

(2) Where, in consequence of this Order, any part of any street, bridleway or footpath in which any sewer is situate ceases to be part of the street, bridleway or footpath, the undertaker may exercise the same rights of access to such sewer as it enjoyed immediately before the coming into force of this Order, but nothing in this paragraph shall affect any right of Network Rail or of the undertaker to require alteration of such sewer under this Part of this Schedule.

24.  Network Rail shall, so far as is reasonably practicable, so exercise the powers conferred by article 22 (protective works to buildings) as not to obstruct or render less convenient the access to any sewer.

25.  As soon as reasonably practicable after the completion of the construction of any specified work Network Rail shall deliver to the undertaker a plan and section showing the position and level of that work as constructed and all new, altered or substituted works provided under this Part of this Schedule.

26.  Nothing in this Part of this Schedule shall affect the provisions of any enactment or agreement regulating the relations between Network Rail and the undertaker in respect of any sewer or other apparatus constructed, laid or erected in land belonging to Network Rail before the coming into force of this Order.

27.  Any difference arising between Network Rail and the undertaker under this Part of this Schedule shall be referred to and settled by arbitration under article 51 (arbitration).

PART 4 FOR PROTECTION OF LONDON UNDERGROUND LIMITED

28.—(1) For the protection of the Company the following provisions shall, unless otherwise agreed in writing between Network Rail and LUL, have effect.

(2) In this Part of this Schedule—

“the Company” means—

(a) LUL;

(b) any subsidiary of LUL;

(c) a PPP Company;

(d) any wholly owned subsidiary of a PPP Company; and

(e) any PPP related third party being treated as a PPP Company by reason of having entered into an agreement pursuant to section 215(3)(b) of the Greater London Authority Act 1999(8);

“the Company’s works and apparatus” includes 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 the Company 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;

“construction” includes execution, demolition, placing and altering and “construct” and “constructed” shall be construed accordingly;

“designated works” means (for as long as such land continues to be identified as safeguarded land) so much of the authorised works as may be situated within 15 metres of safeguarded land or may in any way affect safeguarded land and includes the construction, reconstruction and maintenance of the authorised works;

“EMI” means electromagnetic interference with the Company’s works and apparatus generated by the operation of the authorised works (including the operation of trains using the new railways comprised in the authorised works) where such interference is of a level which affect the safe and efficient operation of the Company’s works and apparatus;

“the engineer” means an engineer to be appointed by LUL;

“LUL” means London Underground Limited;

“PPP Company” has the same meaning as section 210(5) of the Greater London Authority Act 1999;

“PPP related third party” has the same meaning as section 215(2)(b) of the Greater London Authority Act 1999;

“plans” includes sections, drawings, particulars and schedules of construction (including particulars as to the working methods and phases of the specified works) and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;

“railway property” means any railway of LUL, and any works, apparatus and equipment of the Company connected therewith and includes any lands, premises, structures or erections held or used by the Company for the purposes of such railway or works, apparatus and equipment;

“safeguarded land” means the land within the zone specified in paragraph 2 of the safeguarding directions issued by the Secretary of State on 5th November 1990 as amended by further directions dated 10th October 1991 and 12th December 1991 pursuant to articles 14(1) and 18(3) of the Town and Country Planning General Development Order 1988(9) or any revised, reissued or amended directions issued pursuant to the Town and Country Planning (General Development Procedure) Order 1995(10) from time to time; and

“the specified works” means so much of the authorised works as may be situated upon, across, under, over or within 15 metres of railway property (including its operation and use) or may in any way affect railway property and includes the construction and maintenance of the authorised works and the designated works.

29.  The provisions of Schedule 9 (provisions relating to statutory undertakers etc.) to this Order shall not apply to works, apparatus and equipment to which this Part of this Schedule applies.

30.—(1) Network Rail shall not in the exercise of the powers of this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of LUL.

(2) The consent of LUL under sub-paragraph (1) above shall not be unreasonably withheld but may be given subject to reasonable conditions.

31.—(1) Network Rail shall not under the powers of this Order, without the consent of LUL, which shall not be unreasonably withheld, acquire or enter upon, take or use, whether temporarily or permanently or acquire any new rights over any railway property.

(2) Sub-paragraph (1) shall not prevent Network Rail from acquiring the interest of any person other than the Company in the said land.

32.  Network Rail shall, before commencing the construction of any part of the specified works, furnish to LUL such proper and sufficient plans relevant to the part of the specified works concerned (“the plans”) (including particulars as to the working methods and the regulation of traffic in the vicinity of those specified works) as may be reasonably required by the engineer and shall not commence those specified works until the plans have been approved in writing by the engineer or settled by arbitration under article 51 (arbitration).

33.  The engineer’s approval under paragraph 32 shall not be unreasonably withheld and any question of whether it has been unreasonably withheld shall be settled by arbitration, and in any event if within 56 days after the plans have been furnished to LUL the engineer has not notified his disapproval thereof and the grounds of his disapproval, he shall be deemed to have approved the plans as submitted.

34.  If within 56 days after the plans have been furnished to LUL, LUL gives notice to Network Rail that LUL desires to construct any part of the specified works, which in the opinion of the engineer will or may affect the stability of railway property or the safe and effective operation of the Company’s railway undertaking or the services of operators using the same, then, if Network Rail desires such part of the specified works to be constructed, LUL shall construct it with all reasonable dispatch on behalf of, and to the reasonable satisfaction of Network Rail in accordance with the plans approved or deemed to be approved or settled as aforesaid.

35.  Upon signifying his approval or disapproval 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 the construction of the specified works to ensure the stability of railway property, the continuation of the safe and effective operation of the Company’s railway undertaking or the services of operators using the same and the comfort and safety of the 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 LUL with all reasonable dispatch, or, if LUL so desires, such protective works shall be carried out by Network Rail at its own expense and Network Rail shall not commence the construction of the specified works until the engineer has notified Network Rail that the protective works have been completed.

36.  Network Rail shall, before commencing the construction of the designated works, furnish to LUL such proper and sufficient plans thereof as may reasonably be required by the engineer and shall not commence the designated works until plans thereof have been approved in writing by the engineer or settled by arbitration under article 51 (arbitration).

37.  The engineer’s approval under paragraph 36 shall not be unreasonably withheld and any question of whether it has been unreasonably withheld shall be settled by arbitration, and in any event if within 56 days after plans have been furnished to LUL the engineer has not notified his disapproval thereof and the grounds of his disapproval, he shall be deemed to have approved those plans as submitted.

38.  Upon signifying his approval or disapproval 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 the construction of the designated works to safeguard the safe, economic and efficient construction, operation and maintenance of the ticket hall, ventilation shaft and running tunnels proposed to be constructed within the safeguarded land as part of the CrossRail Scheme and such protective works as may be reasonably necessary for those purposes shall be constructed by Network Rail with all reasonable dispatch, at its own expense and Network Rail shall not commence the construction of the specified works until the engineer is satisfied that any protective works so constructed have been completed to the reasonable satisfaction of the engineer.

39.  Network Rail shall give to the engineer not less than 56 days' notice of its intention to commence the construction of any of the specified works 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 of the specified works in so far as such works of repair or maintenance affect or interfere with railway property.

40.  The construction of the specified works, any protective works and any alterations and additions thereto carried out by Network Rail shall, when commenced, be carried out—

(a) with all reasonable dispatch in accordance with the plans approved or deemed to be approved or settled as aforesaid;

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

(c) in such manner as to cause—

(i) as little damage as may be to railway property;

(ii) as little interference as may be with the conduct of traffic on the railways of LUL and the use by passengers of railway property,

and, if any damage to railway property or any such interference shall be caused by the carrying out of the specified works and any protective works carried out by Network Rail, Network Rail shall, notwithstanding any such approval as aforesaid, make good such damage and shall pay to LUL all reasonable expenses to which it may be put and compensation for any loss which it may sustain by reason of any such damage or interference.

41.  Nothing in paragraph 40 shall impose any liability on Network Rail with respect to any damage, cost, expense or loss which is attributable to the act, neglect or default of the Company or any person in its employ, or of its contractors or agents and any liability of Network Rail under paragraph 40 shall be reduced proportionately to the extent to which any damage, cost, expense or loss is attributable to the act, neglect or default of the Company or of any person in its employ, or of its contractors or agents.

42.  Network Rail shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and the construction of any protective works carried out by Network Rail pursuant to the provisions of paragraph 35 and shall supply him with all such information as he may reasonably require with regard to the specified works or any such protective works or to the method of construction thereof.

43.  During the construction of any works by LUL under this Part of this Schedule LUL shall at all times afford reasonable facilities to Network Rail and its agents for access to those works, and shall supply Network Rail with such information as Network Rail may reasonably require with regard to such works or the method of construction thereof.

44.  If any alterations or additions, either permanent or temporary, to railway property shall be reasonably necessary during the construction of the specified works, or during a period of 12 months after the completion thereof, in consequence of the construction of the specified works, such alterations and additions may be carried out by LUL and, if LUL gives to Network Rail reasonable notice of its intention to carry out such alterations or additions, Network Rail shall pay to LUL the reasonable cost thereof including, in respect of permanent alterations and additions, a capitalised sum representing any increase in the costs which may be expected to be reasonably incurred by the Company in maintaining, working and, when necessary, renewing any such alterations or additions.

45.  If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions referred to in paragraph 44 a capitalised sum representing such saving shall be set off against any sum payable by Network Rail to LUL under this Part of this Schedule.

46.  Network Rail shall repay to LUL all reasonable costs, charges and expenses reasonably incurred by the Company—

(a) in constructing any part of the specified works on behalf of Network Rail as provided by paragraph 34 or in constructing any protective works under the provisions of paragraph 35, including, in respect of any permanent protective works, a capitalised sum representing the cost which may be expected to be reasonably incurred by the Company in maintaining and renewing such works;

(b) in respect of the employment or procurement of the services of any inspectors, supervisory staff, signalmen, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, monitoring, 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 the specified works and to ensure the continued safe and effective operation of the Company’s railway undertaking or the services of operators using the same (including any relocation of works, apparatus and equipment necessitated by the specified works) and the comfort and safety of passengers;

(c) 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 the specified works, or from the substitution or diversion of railway services of LUL which may be reasonably necessary for the same reason;

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

(e) in respect of the approval of plans and any supervision by the engineer of the construction of the specified works and the designated works.

47.  Network Rail shall in the design and construction of the authorised works take all measures necessary to prevent EMI and shall establish with LUL (both parties acting reasonably) appropriate arrangements to test and verify the effectiveness of works proposed to be constructed by Network Rail to prevent EMI.

48.  If at any time after the completion of a specified work, not being a work vested in the Company, LUL gives notice to Network Rail informing it that the state of maintenance of the specified work appears to be such as may affect the safe and effective operation of railway property, Network Rail shall, on receipt of such a notice, take such steps as may be reasonably necessary to put that specified work in such state of repair as may not so affect railway property.

49.  Network Rail shall be responsible for, and make good to LUL all reasonable costs, charges, damages and expenses not otherwise provided for in paragraph 46 which may be occasioned to, or reasonably incurred by, the Company—

(a) by reason of the specified works or the failure thereof; or

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

and Network Rail shall indemnify the Company from and against all claims and demands arising out of or in connection with the construction of the specified works or any failure, act or omissions as aforesaid, and the fact that any act or thing may have been done in accordance with any requirement of the engineer or under his supervision, shall not (if it was not attributable to the act, neglect or default of the Company or of any person in its employ, or of its contractors or agents) excuse Network Rail from any liability under the provisions of this Part of this Schedule.

50.—(1) Any liability of Network Rail under paragraph 49 shall be reduced proportionately to the extent to which any costs, charges, damages and expenses are attributable to the act, neglect or default of the Company or of any person in its employ, or of its contractors or agents.

(2) The Company shall give to Network Rail immediate notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of Network Rail.

51.  Any difference arising between Network Rail and the Company under this Part of this Schedule shall be referred to and settled by arbitration under article 51 (arbitration).

PART 5 PROTECTION FOR THE PORT OF LONDON AUTHORITY

52.  In this Part of this Schedule—

“the Port Authority” means the Port of London Authority;

“the 1968 Act” means the Port of London Act 1968(11);

“the river” means the Thames as defined in the 1968 Act.

53.—(1) Subject to sub-paragraph (2) nothing in this Order shall affect any requirement under Part 5 of the 1968 Act to obtain a licence from the Port Authority to carry out any of the authorised works.

(2) To the extent that it would not otherwise do so the requirement to obtain a licence under section 70 of the 1968 Act shall apply to the exercise of any powers conferred by article 8 (appropriation of works near Blackfriars Bridge).

54.—(1) Subject to sub-paragraph (2) Network Rail shall not in the exercise of the powers conferred by this Order compulsorily acquire or use, or acquire any rights over, the bed of the river or any other land of the Port Authority.

(2) Sub-paragraph (1) shall not prevent Network Rail from acquiring compulsorily the interest of any person other than the Port Authority in the land referred to in sub-paragraph (1).

55.  The exercise by Network Rail in, under or over the river Thames of any of the powers conferred by this Order to construct or maintain the authorised works shall be subject to any directions given by the Port Authority or its harbourmaster under section 111 or 112 of the 1968 Act and any byelaws of the Port Authority.

PART 6 PROTECTION FOR LAND DRAINAGE, FLOOD DEFENCE, WATER RESOURCES AND FISHERIES

56.—(1) The following provisions shall apply for the protection of the Agency unless otherwise agreed in writing between Network Rail and the Agency.

(2) In this Part of this Schedule—

“the Agency” means the Environment Agency;

“construction” includes execution, placing, altering, replacing, relaying and removal and “construct” and “constructed” shall be construed accordingly;

“drainage work” means any watercourse and includes any land which provides or is expected to provide flood storage capacity for a flood event with an annual probability of occurrence of 0.01 or greater for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

“the fishery” means any waters containing fish and fish in, or migrating to or from the river Thames and the spawn, habitat or food of such fish;

“plans” includes sections, drawings, specifications and method statements;

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to—

(a)

affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

(b)

affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;

(c)

cause obstruction to the free passage of fish or damage to any fishery; or

(d)

affect the conservation, distribution or use of water resources; and

“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer.

57.—(1) Before beginning to construct the specified works and again at the written request of the Agency following their completion, Network Rail shall at its own expense and to the reasonable satisfaction of the Agency, conduct a survey of the condition of so much of the river walls on each side of the river Thames as is situated within 100 metres of the centreline of the Blackfriars Bridge and submit a report to the Agency upon the condition of such walls.

(2) If any defects are identified in the initial survey conducted pursuant to sub-paragraph (1), being defects which may be affected by the construction of the specified works, Network Rail shall monitor the defects not less than once every 4 weeks where tides permit during the construction of the specified works in accordance with such reasonable requirements as the Agency may specify or, if the Agency reasonably requires having regard to the results of any such monitoring, at such lesser intervals as the Agency may specify.

(3) Before beginning to construct the specified works and at 2-weekly intervals thereafter until their completion or at such greater intervals as the Agency may agree for the period following the completion of foundation works comprised in the specified works, Network Rail shall at its own expense and to the reasonable satisfaction of the Agency survey the levels of the foreshore within 200 metres of the specified works and submit a report upon those levels to the Agency.

(4) The survey required under sub-paragraph (3) shall be undertaken at points corresponding to the intersection of grid lines spaced at 10 metre intervals parallel to the river walls and at 50 metre intervals at right angles to the river Thames.

(5) If during the construction of the specified works, any defects in the river walls deteriorate or scouring or siltation of the foreshore exceeds an average of 150 millimetres from the initial measurements taken on any two adjacent grid lines 50 metres apart, Network Rail shall immediately cease the construction of the specified works and not re-commence the construction otherwise than in accordance with such reasonable requirements as may be specified by the Agency which may include changes to working methods and the completion of mitigation works.

(6) If in the circumstances of any particular case it is reasonable to do so, having regard to the nature of the particular works concerned, the Agency shall at the written request of Network Rail substitute for the distances, periods or intervals specified in this paragraph, such lesser distances and such greater periods and intervals as are appropriate.

58.—(1) Before beginning to construct any specified work, Network Rail shall submit to the Agency plans of the work and such further particulars available to it as the Agency may within 28 days of the submission of the plans reasonably require.

(2) Without prejudice to sub-paragraph (1), Network Rail shall ensure that its contractor will provide the Agency with all reasonable necessary hydraulic information in order to identify and quantify any effects of erosion and deposition on the Thames riverbed and foreshore which are likely to be caused by any such specified work (including the use of barges) and such information shall be accompanied by an appropriate assessment of likely effects (such as any consequential loss of foreshore habitat and impacts on river wall stability) and of any remedial measures which may be reasonably necessary having regard to any such likely effects.

(3) Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 69.

(4) Any approval of the Agency required under this paragraph—

(a) shall not be unreasonably withheld;

(b) shall be deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval and, in the case of a refusal, accompanied by a statement of the grounds of refusal; and

(c) may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution and in the discharge of its environmental and recreational duties.

(5) The Agency shall use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (4)(b).

59.  Without prejudice to the generality of paragraph 58, the requirements which the Agency may make under that paragraph include conditions requiring Network Rail at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a) to safeguard any drainage work against damage, or

(b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,

by reason of any specified work.

60.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 59, shall be constructed—

(a) within 3 years of the Agency’s approval under paragraph 58 or such longer period as the Agency may consent to at the time of the approval or upon an application by Network Rail thereafter (such consent not to be unreasonably withheld);

(b) in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and

(c) to the reasonable satisfaction of the Agency,

and the Agency shall be entitled by its officer to watch and inspect the construction of such works.

(2) Without prejudice to any reasonable requirements of the Agency under paragraph 59 relating to protective works, if any specified work or protective work is not constructed within the period required under sub-paragraph (1)(a), Network Rail may submit to the Agency new plans of the work for further approval and the provisions of this Part of this Schedule shall apply accordingly.

(3) Network Rail shall give to the Agency not less than 14 days' notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.

(4) If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require Network Rail at Network Rail’s own expense to comply with the requirements of this Part of this Schedule or (if Network Rail so elects and the Agency in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

(5) Subject to sub-paragraph (6) and paragraph 64, if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served upon Network Rail, it has failed to begin taking steps to comply with the requirements of the notice and thereafter to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from Network Rail.

(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency shall not except in emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.

61.—(1) Subject to the provisions of this Part of this Schedule and except to the extent that the Agency or another person is liable to maintain any such work and is not precluded by the exercise of the powers of the Order from so doing, Network Rail shall from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation or on land held by Network Rail for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers of the Order or is already in existence.

(2) If any such drainage work which Network Rail is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require Network Rail to repair and restore the work, or any part thereof, or (if Network Rail so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site (including sea defences) to its former condition, to such extent and within such limits as the Agency reasonably requires.

(3) Subject to paragraph 64, if, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any work is served under sub-paragraph (2) on Network Rail, Network Rail has failed to begin taking steps to comply with the reasonable requirements of the notice and has not thereafter made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from Network Rail.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2) , the Agency shall not except in a case of emergency exercise the powers of sub-paragraph (3) until the dispute has been finally determined.

62.  Subject to paragraph 64, if by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that work is otherwise damaged, such impairment or damage shall be made good by Network Rail to the reasonable satisfaction of the Agency and if Network Rail fails to do so, the Agency may make good the same and recover from Network Rail the expense reasonably incurred by it in so doing.

63.—(1) Network Rail shall take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in the fishery during the construction of any specified work.

(2) If by reason of—

(a) the construction of any specified work, or

(b) the failure of any such work,

damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on Network Rail requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage.

(3) Subject to paragraph 64, if within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, Network Rail fails to take such steps as are described in sub-paragraph (2), the Agency may take those steps and may recover from Network Rail the expense reasonably incurred by it in doing so.

(4) Subject to paragraph 64, in any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from Network Rail the reasonable cost of so doing provided that notice specifying those steps is served on Network Rail as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.

64.  Nothing in paragraphs 60(5), 61(3), 62, 63(3) and (4) shall authorise the Agency to execute works on or affecting an operational railway forming part of Network Rail’s network without the prior consent in writing of Network Rail such consent not to be unreasonably withheld.

65.  Network Rail shall indemnify the Agency in respect of all costs, charges and expenses which the Agency may reasonably incur or have to pay or which it may sustain—

(a) in the examination or approval of plans under this Part of this Schedule;

(b) in the inspection of the construction of the specified works or any protective works required by the Agency under this Part of this Schedule.

66.—(1) Without prejudice to the other provisions of this Part of this Schedule, Network Rail shall indemnify the Agency from all claims, demands, proceedings, costs, damages or expenses or loss, which may be made or taken against, or recovered from or incurred by the Agency by reason of—

(a) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence,

(b) any damage to the fishery,

(c) any raising or lowering of the water table in land adjoining the authorised works or any sewers, drains and watercourses,

(d) any flooding or increased flooding of any such lands, or

(e) inadequate water quality in any watercourse or other surface waters or in any groundwater,

which is caused by the construction of any of the specified works or any act or omission of Network Rail, its contractors, agents or employees whilst engaged upon the work.

(2) The Agency shall give to Network Rail reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the agreement of Network Rail which agreement shall not be unreasonably withheld.

67.  The fact that any work or thing has been executed or done by Network Rail in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve Network Rail from any liability under the provisions of this Part of this Schedule.

68.  For the purposes of section 5 of the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879(12) and Chapter 2 of Part 2 of the Water Resources Act 1991(13) (abstraction and impounding of water) and section 109 of that Act (as to structures in, over or under watercourses) as applying to the construction of any specified work, any consent or approval given or deemed to be given by the Agency under this Part of this Schedule with respect to such construction shall be deemed also to constitute a licence under that Chapter to obstruct or impede the flow of inland waters at that point by means of impounding works or, as the case may be, a consent or approval under section 109.

69.  Any dispute arising between Network Rail and the Agency under this Part of this Schedule shall, if the parties agree, be determined by arbitration under article 51 (arbitration), but shall otherwise be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly on a reference to them by Network Rail or the Agency, after notice in writing by one to the other.

(1)

S.I.2006/3117 .

(2)

1996 c. 61.

(3)

1990 c. 8.

(4)

1980 c. 66.

(5)

1980 c. 66.

(6)

1989 c. 29.

(7)

1991 c. 56.

(8)

1999 c. 29.

(9)

S.I. 1988/1813.

(10)

S.I. 1995/419.

(11)

1968 c.xxxii.

(12)

1879 c.cxcviii.

(13)

1991 c. 57.