The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013

Temporary closure of, and works in, the canal

18.—(1) The undertaker may, in connection with the authorised development, temporarily—

(a) interfere with such parts of the canal as are affected by the authorised development by constructing or maintaining caissons, cofferdams or other temporary works as the undertaker considers necessary or expedient;

(b) moor or anchor barges or other vessels or craft in the canal, and may load or unload into and from such barges, other vessels or craft equipment, machinery, soil and any other materials in connection with the construction of the authorised development;

(c) close to navigation the relevant part of the canal; and

(d) remove the water from the relevant part of the canal that is so interfered with or closed.

(2) Not less than 28 days before exercising any power conferred by paragraph (1), the undertaker must notify the Canal & River Trust of its intention to exercise such powers.

(3) During the period of any closure referred to in paragraph (1)(c), all rights of navigation and other rights relating to, and any obligations of the Canal & River Trust to manage, the relevant part of the canal so closed are suspended and unenforceable against the Canal & River Trust.

(4) The power conferred by paragraph (1) must be exercised in a way which secures—

(a) that no more of the relevant part of the canal is closed to navigation at any time than is necessary in the circumstances; and

(b) that, if complete closure to navigation of the relevant part of the canal becomes necessary, all reasonable steps are taken to secure that the period of closure is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part so closed.

(5) In exercising the powers conferred by paragraph (1) in relation to the relevant part of the canal the undertaker must—

(a) take such reasonable steps as are necessary to ensure that—

(i) the flow of water in the canal is maintained unaltered; and

(ii) the functioning of any intake or discharge along the canal is unaffected; and

(b) without affecting sub-paragraph (a), keep any interference with water levels or flows to the minimum reasonably necessary to construct the works.

(6) As soon as practicable following the exercise of any powers conferred by paragraph (1), any temporary works must be removed and the canal must be restored to its condition before the exercise of such powers.

(7) Any person who suffers loss or damage as the result of—

(a) the suspension of any private right of navigation under this article; or

(b) any effect of the exercise of the powers conferred by paragraph (1) on the functioning of any intake or discharge along the canal,

is entitled to be paid compensation for such loss or damage by the undertaker, to be determined, in case of dispute, under Part 1 of the 1961 Act.