The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016

10.—(1) If any reasonable alterations or additions, either permanent or temporary, to the Canal are necessary in consequence of the construction of the specified work in order to avoid detriment the authority may carry out such alterations or additions instead of the undertaker subject to giving the undertaker at least 28 days’ notice of its intention to carry out such alterations or additions (the details of which must be specified in the notice).

(2) If the undertaker has given notice under sub-paragraph (1) but does not carry out such alterations or additions within 2 months of giving that notice, the authority may give to the undertaker not less than 2 months’ notice of its intention to carry out the alterations or additions itself.

(3) Where the authority carries out any alterations or additions to which this paragraph applies, whether in accordance with a notice under sub-paragraph (1) or sub-paragraph (2), the undertaker must pay to the authority, provided that 28 days’ notice has been given to the undertaker, the cost of those alterations or additions reasonably incurred including, in respect of permanent alterations and additions, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by the authority in maintaining, working and, when necessary, renewing any such alterations or additions.

(4) If the cost of maintaining, working or renewing the Canal is reduced as a consequence of any alterations or additions to which this paragraph applies a capitalised sum representing such saving must be set off against any sum payable by the undertaker to the authority under sub-paragraph (3).