Subject to the following provisions of this paragraph, the powers conferred by article 7 (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)31 is under the control or management of, or is maintainable by, a navigation authority except with the consent of the authority.

Sub-paragraph (1) shall not apply to the carrying out under this Order of emergency works, within the meaning of Part 3 of the 1991 Act.

A consent given for the purpose 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.

If a person to which application for consent has been made under sub-paragraph (1) fails to notify Network Rail of its decision within 28 days of receiving an application for consent, that person shall be deemed to have granted consent.

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.