PART 4
SUPPLEMENTAL POWERS
Temporary closure of, and works in and over, the canal19
1
The undertaker may, subject to Part 3 of Schedule 9 (protective provisions), for the purposes of the carrying out and maintenance of the authorised development temporarily close, prohibit the use of or restrict the use of, the part of the canal specified in columns (1) and (2) of Schedule 7 (temporary closure and works in the canal) for the purposes specified in column (3).
2
Without prejudice to paragraph (1) but subject to paragraphs (3), (4) and (5) the undertaker may in connection with the carrying out or maintenance of the authorised development–
a
temporarily close part of the canal and carry out works at any point within that relevant part of the canal as the undertaker considers necessary or expedient;
b
temporarily moor or anchor barges or other vessels or craft in the relevant part of the canal and may load or unload into and from such barges, other vessels or craft equipment, machinery, soil and any other materials;
c
temporarily suspend any right to moor in such manner and to such extent as may appear to the undertaker to be necessary or convenient; and
d
on grounds of health and safety only, temporarily close to navigation the relevant part of the canal.
3
During the period of any closure referred to in paragraph (2) 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 to be suspended and unenforceable against the Canal & River Trust.
4
The power conferred by paragraph (1) must be exercised in such 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 the functioning of any intake or discharge along the canal is unaffected;
b
keep any interference with water levels or flow to a minimum reasonably necessary to carry out the authorised development;
c
take such reasonable steps as are necessary to ensure that persons in control of barges or other vessels or craft in the canal are made aware of any temporary closure, prohibition or restriction of use; and
d
provide such emergency assistance as may reasonably be requested by persons in control of barges or other vessels or craft in the canal following an accident or mechanical failure, for the safety of persons on board and/or the recovery of the barge, vessel or craft to a location where it can be safely be moored and accessed.
6
Any person who suffers loss or damage as a result of–
a
the suspension of any private right of navigation or the suspension of any private right to use the towpath 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 to be entitled to be paid compensation for such loss and damage by the undertaker to be determined, in the case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.