20.—(1) In this paragraph—E+W+S
“EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail’s apparatus generated by the operation of the Harbour Authority’s apparatus where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus;
“the Harbour Authority’s apparatus” means any electric lines, circuits, wires, apparatus, equipment and other works of any description owned or used (or intended to be used) by the Harbour Authority for the purpose of the authorised works; and
“Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.
(2) This paragraph shall apply to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of those plans under paragraph 6 for the relevant part of the authorised works giving rise to EMI unless the Harbour Authority has been given notice in writing before the approval of the plans of the intention to make such change, other than any change carried out by Network Rail as part of, or in consequence of the authorised works.
(3) Subject to sub-paragraph (4), the Harbour Authority shall in the design and construction of the authorised works take all measures necessary to prevent EMI and shall establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.
(4) In order to facilitate the Harbour Authority’s compliance with sub-paragraph (3)—
(a)the Harbour Authority shall consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter shall continue to consult with Network Rail (both before and after formal submission of plans under paragraph 6) to identify all potential causes of EMI and the measures required to eliminate them;
(b)Network Rail shall make available to the Harbour Authority all information in the possession of Network Rail reasonably requested by the Harbour Authority in respect of Network Rail’s apparatus identified pursuant to sub-paragraph (4)(a); and
(c)Network Rail shall allow the Harbour Authority reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph (4)(a).
(5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail shall not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution shall be selected in Network Rail’s reasonable discretion and in relation to such modifications, paragraph 6 shall have effect subject to this sub-paragraph.
(6) If at any time prior to the opening of the authorised works for the passage of railway traffic and notwithstanding any measures adopted pursuant to sub-paragraph (3), the testing or commissioning of the authorised works causes EMI then the Harbour Authority shall immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the Harbour Authority’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent specified in sub-paragraph (5)) to Network Rail’s apparatus.
(7) In the event of EMI having occurred—
(a)the Harbour Authority shall afford reasonable facilities to Network Rail for access to the Harbour Authority’s apparatus in the investigation of such EMI;
(b)Network Rail shall afford reasonable facilities to the Harbour Authority for access to Network Rail’s apparatus in the investigation of such EMI; and
(c)Network Rail shall make available to the Harbour Authority any additional material information in its possession reasonably requested by the Harbour Authority in respect of Network Rail’s apparatus or such EMI.
(8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraphs (5) or (6)—
(a)Network Rail shall allow the Harbour Authority reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and
(b)any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs shall be carried out and completed by the Harbour Authority in accordance with the approval given.
(9) To the extent that it would not otherwise do so, the indemnity in paragraph 18 shall apply to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.
(10) For the purpose of paragraph 14(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.
Commencement Information
I1Sch. 7 para. 20 in force at 16.5.2008, see art. 1