Made | 5th August 2005 | ||
Coming into force | 26th August 2005 |
1. | Citation and commencement |
2. | Interpretation |
3. | Power to construct and maintain works |
4. | Power to deviate |
5. | Power to execute street works |
6. | Power to alter layout of streets |
7. | Stopping up of streets and extinguishments of rights |
8. | Temporary stopping up of streets |
9. | Access to works |
10. | Construction and maintenance of new or altered streets |
11. | Agreements with street authorities |
12. | Trunk roads |
13. | Discharge of water |
14. | Safeguarding works to buildings |
15. | Planning permission: supplementary matters |
16. | Power to survey and investigate land |
17. | Additional powers |
18. | Prohibitions within the tunnel area |
19. | Protection of tunnel, etc. |
20. | Restriction on mooring of vessels, etc. |
21. | Power to acquire land |
22. | Application of Part I of the Compulsory Purchase Act 1965 |
23. | Power to acquire new rights |
24. | Power to acquire subsoil only |
25. | Cases where powers of acquisition limited to subsoil |
26. | Vesting declarations |
27. | Temporary use of land for construction of works |
28. | Temporary use of land for maintenance of works Compensation |
29. | Disregard of certain interests and improvements |
30. | Acquisition of part of certain properties |
31. | Extinguishment and suspension of private rights of way |
32. | Use of subsoil |
33. | Noise Insulation Regulations |
34. | Time limit for exercise of powers of acquisition |
35. | Power to operate, use and maintain the tunnel crossing |
36. | Closing the tunnel crossing |
37. | No mains or pipes |
38. | Obstruction of works and trespass on the tunnel crossing |
39. | Traffic control |
40. | Power to contract for police services |
41. | Power to make byelaws |
42. | Power to charge tolls |
43. | Power to enter in to concession agreements and lease or transfer the undertaking etc. |
44. | Application of landlord and tenant law |
45. | Saving for Trinity House and protection of navigation |
46. | Protection of certain persons |
47. | Statutory undertakers, etc. |
48. | Minerals |
49. | Application of local legislation |
50. | Repeal of enactments |
51. | Certification of plans, etc. |
52. | Service of notices |
53. | No double recovery |
54. | Arbitration |
Schedule 1 | Scheduled works |
Schedule 2 | Streets subject to works |
Schedule 3 | Streets to be stopped up |
Part 1 | Streets for which a substitute is to be provided |
Part 2 | Streets for which no substitute is to be provided |
Schedule 4 | Streets to be temporarily stopped up |
Schedule 5 | Access to works |
Schedule 6 | Land comprising open space excluded from compulsory acquisition |
Schedule 7 | Modification of compensation and compulsory purchase enactments for creation of new rights |
Schedule 8 | Land of which temporary possession may be taken |
Schedule 9 | Protection of navigation |
Schedule 10 | Protection of certain persons |
Part 1 | General |
Part 2 | Protection of the Environment Agency |
Part 3 | Protection of the Port of Tyne Authority |
Part 4 | Protection of telecommunications undertakers |
Part 5 | Protection of Nexus |
Part 6 | Protection of Network Rail Infrastructure Ltd |
Part 7 | Protection of electricity and gas undertakers |
Part 8 | Protection for sewerage and water undertakers |
Schedule 11 | Provisions relating to statutory undertakers etc. |
Schedule 12 | Application of local legislation |
Schedule 13 | Enactments repealed and ceasing to have effect |
Schedule 14 | Level of tolls |
constructed or provided in connection therewith;
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface, and references to the subsoil of any land include references to any cellar, basement, vault, arch or other construction forming part of any such land.
(3) Except in Part 2 of Schedule 10 to this Order, all directions, distances, areas and dimensions stated in this Order shall be construed as if the words "or thereabouts" were inserted after each such direction, distance, area and dimension.
(4) The expression "includes" shall be construed without limitation.
(2) Subject to article 4, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
(3) Subject to paragraph (5), the undertaker may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction and maintenance of the scheduled works.
(4) The undertaker may remove any works carried out by it pursuant to this Order which have been constructed as temporary works or which it no longer requires.
(5) Paragraph (3) shall only authorise the carrying out or maintenance of works outside the limits of deviation if the works are carried out, constructed or maintained on land contained within the limits of land to be acquired or used.
Power to deviate
4.
In constructing or maintaining the scheduled works, the undertaker may—
Power to execute street works
5.
—(1) The undertaker may, for the purpose of or in connection with the authorised works, enter upon so much of any of the streets specified in Schedule 2 to this Order as is within the limits of land to be acquired or used and may—
(2) This article is subject to paragraph 3 of Schedule 11 to this Order.
(3) In this article "apparatus" has the same meaning as in Part III of the 1991 Act.
Power to alter layout of streets
6.
—(1) The undertaker may alter the layout of any street specified in columns (1) and (2) of Schedule 2 to this Order in the manner specified in relation to that street in column (2) of that Schedule.
(2) Without prejudice to the specific powers conferred by paragraph (1) but subject to paragraph (3), the undertaker may for the purpose of or in connection with the authorised works alter the layout of any street in or adjacent to which any authorised works are constructed or to be constructed and, without prejudice to the generality of the foregoing, the undertaker may—
(3) The powers in paragraph (2) shall not be exercised without the consent of the street authority, but such consent shall not be unreasonably withheld.
Stopping up of streets and extinguishments of rights
7.
—(1) Subject to the provisions of this article, the undertaker may, for the purpose of or in connection with the carrying out or maintenance of the authorised works, stop up each of the streets specified in columns (1) and (2) of each Part of Schedule 3 to this order to the extent specified, by reference to the letters and numbers shown on the works plans, in column (3) of that Part.
(2) No street specified in columns (1) and (2) of Part 1 of Schedule 3 to this Order (being a street for which a substitute is to be provided) shall be wholly or partly stopped up under this article unless either—
(3) Where a street has been stopped up under this article the undertaker may, without making any payment, appropriate and use for the purpose of or in connection with the authorised works so much of the site of the street as is bounded on both sides by land owned by the undertaker or occupied by the undertaker pursuant to the provisions of this Order.
(4) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961[13].
(5) This article is subject to paragraph 2 of Schedule 11 to this Order.
Temporary stopping up of streets
8.
—(1) The undertaker may, during and for the purpose of the carrying out or maintenance of the authorised works, temporarily stop up, alter or divert any street and may for any reasonable time—
(2) Without prejudice to the generality of paragraph (1), the undertaker may use any street stopped up under the powers of this article as a temporary working site.
(3) The undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.
(4) Without prejudice to the generality of paragraph (1), the undertaker may exercise the powers of this article in relation to the streets specified in columns (1) and (2) of Schedule 4 to this Order to the extent specified, by reference to the letters and numbers shown on the works plans, in column (3) of that Schedule.
(5) Save in respect of any street which is a tunnel road, the undertaker shall not exercise the powers of this article—
(6) Where the street authority imposes reasonable conditions on its consent under this article the undertaker shall not exercise its powers under this article except in accordance with those conditions.
(7) Works executed under this Order in relation to a highway which consists of or includes a carriageway shall be treated for the purposes of Part III of the 1991 Act (street works) as major highway works if—
(8) Section 56 (directions as to timing) and section 58 (restrictions following substantial road works) of the 1991 Act shall not apply in relation to any works executed under the powers of this Order.
(9) The provisions of the 1991 Act mentioned in paragraph (10) and any regulations made, or code of practice issued or approved, under those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the undertaker under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the undertaker.
(10) The provisions of the 1991 Act referred to in paragraph (9) are—
all such other provisions as apply for the purposes of the provisions mentioned above.
Access to works
9.
The undertaker may, for the purpose of or in connection with the authorised works, form and lay out means of access or improve existing means of access in or near to the locations within the limits of land to be acquired or used shown on the deposited plans or listed in Schedule 5, within the boundaries of the street in question, as the undertaker reasonably requires for the purpose of or in connection with the authorised activities and as may be approved by the highway authority, but such approval shall not be unreasonably withheld.
Construction and maintenance of new or altered streets
10.
—(1) Subject to paragraph (5), any street to be constructed under this Order and not comprised within the tunnel crossing shall be completed to the reasonable satisfaction of the highway authority and shall, unless otherwise agreed, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the highway authority.
(2) Subject to paragraph (5), where a street not comprised within the tunnel crossing is altered or diverted under this Order, the altered or diverted part of the street shall when completed to the reasonable satisfaction of the street authority, unless otherwise agreed, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.
(3) Nothing in this article shall prejudice the operation of section 87 of the 1991 Act (prospectively maintainable highways) and the undertaker shall not by reason of any duty under this article to maintain a street be taken to be the street authority in relation to that street for the purposes of Part III of that Act.
(4) Nothing in this article shall have effect in relation to street works in respect of which the provisions of Part III of the 1991 Act apply.
(5) Nothing in this article shall operate to cause any street comprised in the tunnel crossing to be dedicated as highway unless the undertaker shall so elect.
(6) Notwithstanding anything contained in the Highways Act 1980 or the 1991 Act or in any other enactment, no person shall enter upon, break up or interfere with any of the tunnel roads or the carriageways, footways and verges of the same for the purpose of placing, laying down or doing anything in relation to any main pipe or wire or other apparatus or executing any work therein, thereon or thereunder, except with the consent of the undertaker and in accordance with such terms and conditions as the undertaker may determine.
Agreements with street authorities
11.
—(1) A street authority and the undertaker may enter into agreements with respect to—
(2) Such an agreement may, without prejudice to the generality of paragraph (1)—
Trunk roads
12.
—(1) On the date on which the roads comprised in Works Nos. 7U and 7V are open for public use those roads shall become trunk roads as if they had become so by virtue of an order under section 10(2) of the Highways Act 1980 specifying that date as the date on which they were to become trunk roads.
(2) Subject to paragraph (3), any power under the 1984 Act to make an order or to give a direction with respect to the roads comprised in Works Nos. 7U and 7V shall be exercisable by the Secretary of State as if he were the traffic authority before that road is open for public use in any case where it appears to the Secretary of State to be expedient that the order or (as the case may be) the direction should have effect immediately the road becomes open for public use.
(3) The procedure otherwise applicable under the 1984 Act in relation to the making of any such order or the giving of any such direction shall apply in any such case with such modifications as the Secretary of State may determine; and he shall publish notice of these modifications in such manner as appears to him to be appropriate for bringing them to the notice of persons likely to be affected by the provisions of any such order or (as the case may be) by any such direction.
Safeguarding works to buildings
14.
—(1) Subject to the following provisions of this article, the undertaker may at its own expense and from time to time carry out safeguarding works to any building lying within the limits of land to be acquired or used.
(2) Safeguarding works may be carried out—
(3) For the purpose of determining how the functions under this article are to be exercised the undertaker may enter and survey any building falling within paragraph (1) and any land belonging to it.
(4) For the purpose of carrying out safeguarding works under this article to a building the undertaker may (subject to paragraphs (5) and (6))—
(5) Before exercising a right—
the undertaker shall, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise the right and, in a case falling within sub-paragraph (a) or (c), specifying the safeguarding works proposed to be carried out.
(6) Where notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question of whether it is necessary or expedient to carry out the safeguarding works or to enter the building or land to be referred to arbitration under article 54.
(7) The undertaker shall compensate the owners and occupiers of any building or land in relation to which the powers of this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.
(8) Where—
the undertaker shall compensate the owners and occupiers for any damage sustained by them.
(9) Subject to article 53, nothing in this article shall relieve the undertaker from any liability to pay compensation under section 10(2) of the 1965 Act.
(10) Any compensation payable under paragraph (7) or (8) shall be determined, in case of dispute, under Part I of the Land Compensation Act 1961[16].
(11) In this article "safeguarding works", in relation to a building, means—
Planning permission: supplementary matters
15.
Planning permission which is deemed by virtue of a direction under section 90(2A) of the Town and Country Planning Act 1990[17] to be granted in relation to work authorised by this Order shall be treated as specific planning permission for the purposes of section 264(3)(a) of that Act.
Power to survey and investigate land
16.
—(1) The undertaker may for the purposes of this Order—
(2) No land may be entered, or equipment placed or left on or removed from land under paragraph (1), unless at least 7 days' notice has been served on every owner and occupier of the land.
(3) Any person entering land under this article on behalf of the undertaker—
(4) No trial holes shall be made under this article in a carriageway or footway without the consent of the street authority, but such consent shall not be unreasonably withheld.
(5) The undertaker shall pay compensation for any damage occasioned by the exercise of the powers conferred by this article to the owners and occupiers of the land, such compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961[18].
Additional powers
17.
—(1) Subject to Part 3 of Schedule 10 to this Order but otherwise without prejudice to the other powers conferred by this Order or otherwise available to it, the undertaker may within the tunnel area for the purpose of or in connection with the carrying out and maintenance of the authorised works to be carried out within the tunnel area and notwithstanding any interference thereby with any public or private rights—
in such manner and to such extent as may appear to it to be necessary or convenient.
(2) Except in the case of urgency, the undertaker will use reasonable endeavours to notify the owner of any mooring and the owner or master of any vessel or structure affected by the proposal to exercise the powers of paragraph (1)(d) or (e) before the exercise of that power.
Prohibitions within the tunnel area
18.
—(1) Notwithstanding anything in any other enactment or rule of law but subject to the provisions of this article, the Port Authority shall, at the reasonable request of the undertaker and at the undertaker's expense, by direction close the whole or any part of the tunnel area to navigation by all vessels or by any class of vessel.
(2) Subject to paragraph (3), a direction under paragraph (1) shall specify the duration of the closure, the part of the River Tyne and Howdon Basin affected and the vessels to which it applies.
(3) The duration of a closure under this article may be extended by the Port Authority until it is satisfied (acting reasonably) that any navigation channel to be opened following the closure has adequate depth and is free of obstruction.
(4) A person may not, without the written consent of the Port Authority, within any part of the tunnel area, during a period when it is closed to navigation under this article—
unless he does so in compliance with any direction which the Port Authority has given either in an emergency or for naval or military operational requirements which the Port Authority is satisfied it is not reasonably practicable to fulfil at any other time.
(5) Any person who contravenes the requirements of paragraph (4) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) Except in an emergency, the Port Authority shall at the undertaker's expense publish notice of any direction given under paragraph (1) in at least one local newspaper circulating in the area in which the tunnel crossing is situated, not less than 14 days before the direction is to take effect.
(7) In making a direction pursuant to paragraph (1), the Port Authority shall ensure that no more of the tunnel area is closed to navigation at any time by all vessels, or by any class of vessel, than is at that time necessary in the circumstances.
(8) If complete closure of the tunnel area to all vessels or to any particular class of vessels is necessary at any time, the undertaker shall secure that any work of construction or maintenance of the new tunnel shall be carried out as soon as reasonably practicable to ensure that the minimum obstruction, delay or interference is caused to vessels which may be using or intending to use the tunnel area.
(9) Without prejudice to the provisions of article 22 neither the undertaker nor the Port Authority shall be liable for any costs, damages or expenses whatsoever incurred by any person as a result, directly or indirectly, of any closure of the tunnel area under this article.
(10) A direction given under this article may be varied or revoked by a subsequent direction given under this article.
Protection of tunnel, etc.
19.
—(1) A person may not without the consent of the undertaker use, for any purpose, any part of the authorised works.
(2) A person may not, without the consent in writing of the undertaker—
and to the extent that any activity within sub-paragraph (a) or (b) affects a tidal work the consent in writing of the Port Authority shall also be required, provided that this paragraph shall not require the undertaker to obtain the consent of the Port Authority except in accordance with Part 3 of Schedule 10 to this Order.
(3) Any consents required under this article may be given subject to conditions.
(4) A person who without reasonable excuse contravenes paragraph (1) or (2), or fails to comply with any conditions attached to a consent given by the undertaker or the Port Authority under paragraph (3), shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Restriction on mooring of vessels, etc.
20.
—(1) During the period of the construction of the new tunnel, a person who is not engaged in the construction of the authorised works shall not, without the consent in writing of the Port Authority and the undertaker (which consent may be given subject to conditions), moor any vessel or place any article over or on the bed of the river within the tunnel area; and after that period, a person shall not within the exclusion zone—
(2) In this article "exclusion zone" means so much of the River Tyne as is bounded by imaginary parallel straight lines drawn at a distance of 40 metres on either side of the centre line of the new tunnel.
(2) Part I of the 1965 Act, as so applied, shall have effect as if—
Power to acquire new rights
23.
—(1) The undertaker may compulsorily acquire such easements or other rights over any land referred to in paragraph (1) of article 21 as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
(2) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 7 to this Order), where the undertaker acquires a right over land under paragraph (1) the undertaker shall not be required to acquire a greater interest in it.
(3) Schedule 7 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Power to acquire subsoil only
24.
—(1) The undertaker may compulsorily acquire so much of the subsoil of the land referred to in paragraph (1) of article 21 as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
(2) Where the undertaker acquires any part of, or rights in, the subsoil of land under paragraph (1) the undertaker shall not be required to acquire an interest in any other part of the land.
(3) Paragraph (2) shall not prevent section 8 of the 1965 Act or article 30 from applying where the undertaker acquires a cellar, vault, arch, basement or other construction forming part of a house, building or factory.
Cases where powers of acquisition limited to subsoil
25.
—(1) The article applies to the land specified in Schedule 6 to this Order.
(2) In the case of land to which this article applies, the undertaker's powers of compulsory acquisition under article 21 shall be limited to the acquisition of, or of rights in, so much of the subsoil as may be required for the purposes of the authorised works.
(3) Where the undertaker acquires any part of, or rights in, the subsoil of the land to which this article applies, it shall not be required to acquire a greater interest in the land or an interest in any other part of it.
Vesting declarations
26.
—(1) The Compulsory Purchase (Vesting Declarations) Act 1981[20] shall apply as if this Order were a compulsory purchase order.
(2) In its application by virtue of paragraph (1), the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.
(3) In section 3 (preliminary notices) for subsection (1) there shall be substituted—
(4) In that section, in subsection (2), for "(1)(b)" there shall be substituted "(1)" and after "given" there shall be inserted "and published".
(5) In that section, subsections (5) and (6) shall be omitted and at the end there shall be substituted—
(6) In section 5 (earliest date for execution of declaration)—
(7) In section 7 (constructive notice to treat) in subsection (1)(a), the words "(as modified by section 4 of the Acquisition of Land Act 1981)" shall be omitted.
(8) References to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 21(1).
(2) Not less than 28 days before entering upon and taking temporary possession of the land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
(3) The undertaker may not, without the agreement of the owners of the land, remain in possession of the land under this article after the end of the period of two years beginning with the date of completion of the authorised works.
(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker shall not be required to replace any building removed under this article.
(5) The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
(6) Any dispute as to a person's entitlement to compensation under paragraph (5), or as to the amount of the compensation, shall be determined under Part I of the Land Compensation Act 1961[21].
(7) Without prejudice to article 53, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5).
(8) The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1) except that the undertaker shall not be precluded from—
(9) Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
Temporary use of land for maintenance of works
28.
—(1) At any time during the maintenance period relating to any of the authorised works, the undertaker may—
(2) Paragraph (1) shall not authorise the undertaker to take temporary possession of—
(3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary for the purpose for which the possession of the land was taken.
(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
(6) The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
(7) Any dispute as to a person's entitlement to compensation under paragraph (6), or as to the amount of the compensation, shall be determined under Part I of the Land Compensation Act 1961.
(8) Without prejudice to article 53, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).
(9) Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
(10) In this article "the maintenance period", in relation to any authorised work means the period of 5 years beginning with the date on which such authorised work is opened for use.
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with the intention of obtaining compensation or increased compensation.
(2) In paragraph (1) "relevant land" means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
(2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole ("the land subject to the counter-notice").
(3) If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
(4) If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the undertaker agrees to take the land subject to the counter-notice, be referred to the tribunal.
(5) If on such a reference the tribunal determines that the land subject to the notice to treat can be taken—
the owner shall be required to sell the land subject to the notice to treat.
(6) If on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken—
the notice to treat shall be deemed to be a notice to treat for that part.
(7) If on such reference the tribunal determines that—
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.
(8) If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determines that—
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.
(9) In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
(10) Where the owner is required under this article to sell part only of a house, building or factory or of land consisting of a house with a park or garden, the undertaker shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinguishment and suspension of private rights of way
31.
—(1) All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished—
whichever is sooner.
(2) All private rights of way over land owned by the undertaker which, being within the limits of land to be acquired or used, is required for the purposes of this Order shall be extinguished on the appropriation of the land for any of those purposes by the undertaker.
(3) All private rights of way over land of which the undertaker takes temporary possession under this Order shall be suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.
(4) Any person who suffers loss by the interference with any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.
(5) This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990[22] (extinguishment of rights of statutory undertakers etc.) or paragraph 2 of Schedule 11 to this Order applies.
Use of subsoil
32.
—(1) The undertaker may enter upon, take and use so much of the subsoil of any street within the limits of deviation or within the land the subject of article 21(1) as may be required for the purpose of the construction or maintenance of the authorised works without being required to acquire that subsoil or any right therein.
(2) The power under paragraph (1) may be exercised in relation to a street without the undertaker being required to acquire any part of the street or any easement or right in the street.
(3) Any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person's interest in the land and who suffers loss by the exercise of that power shall be entitled to compensation to be determined in case of dispute under Part I of the Land Compensation Act 1961[23].
(4) Paragraph (2) shall not apply to—
(5) Compensation shall not be payable under paragraph (3) to any person who is a statutory undertaker to whom section 85 of the 1991 Act applies, in respect of measures of which the allowable costs are to be borne in accordance with that section.
Noise Insulation Regulations
33.
The Noise Insulation Regulations 1973[24] shall apply to the authorised works as if they were works that were carried out to construct or alter a highway and as if the undertaker were the appropriate highway authority in respect of such works to that highway and the undertaker shall be subject to such duties and have the benefit of such powers as if it were the appropriate highway authority under those regulations.
Time limit for exercise of powers of acquisition
34.
—(1) Subject to paragraph (2), the powers conferred by this Order to acquire land or rights over land compulsorily, and the power conferred by article 27 to enter upon and take temporary possession of land, shall cease at the end of the period of 5 years beginning on the appointed day.
(2) Paragraph (1) shall not prevent the undertaker remaining in possession of land in accordance with article 27 after the end of that period, if the land was entered and possession of it was taken before the end of that period.
No mains or pipes
37.
—(1) Subject to paragraph (2), notwithstanding anything contained in the Highways Act 1980[25] or in any other enactment no person shall enter upon, break up or interfere with Works Nos. 3A, 4A, 5 or 6A or the carriageways and footways of the same for the purpose of laying down any main, pipe or wire or executing any work therein, thereon or thereunder, except with the consent of the undertaker and in accordance with such terms or conditions and subject to such charges as the undertaker may determine.
(2) The consent of the undertaker to the breaking up of and interference with any of the said works or the carriageways and footways of the same for the purposes of laying down water mains, water pipes or electric lines therein shall not be withheld unreasonably and any question which may arise as to whether such consent is so withheld or as to whether the terms and conditions subject to which any such consent is given are reasonable shall be resolved by an arbitrator under article 54.
Obstruction of works and trespass on the tunnel crossing
38.
—(1) Any person who, without reasonable excuse, obstructs another person from constructing any of the authorised works under the powers conferred by this Order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) Any person who—
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) No person shall be convicted of an offence under paragraph (2) of this article unless it is shown that a notice warning the public not to trespass upon the tunnel crossing was clearly exhibited and maintained near to the place where the offence is alleged to have been committed or the place at which the trespass upon the tunnel crossing or land is alleged to have begun.
(4) If the tolls payable by any person desirous of using the tunnel crossing be demanded of him before using the same, and such person shall, after demand from him of such tolls (such demand being made by any collector or other person appointed to receive the same), refuse or without reasonable excuse neglect to pay the same or any part thereof, the collector or other person so appointed may refuse to permit the person so in default to use the tunnel crossing and may, by himself, or with such assistance as he shall think necessary, stop and prevent the person so in default from using the same.
Traffic control
39.
—(1) The undertaker may for the purpose of or in connection with the authorised activities, place or maintain traffic signs of a type prescribed by regulations made under section 64(1)(a) of the 1984 Act or of a character authorised by the Secretary of State on or near any street leading to or from the tunnel crossing.
(2) The undertaker—
(3) Any power conferred by section 65 of the 1984 Act to give directions to a traffic authority or local traffic authority as to traffic signs shall include a power to give directions to the undertaker as to traffic signs under this article; and, accordingly, the powers conferred by paragraph (1) shall be exercisable subject to and in conformity with any directions given under that section.
(4) A traffic authority or other authority having power under or by virtue of the 1984 Act to place and maintain, or cause to be placed and maintained, traffic signs on or near any street leading to or from the tunnel crossing shall consult with the undertaker as to the placing of any traffic sign which would affect the operation of the tunnel crossing.
(5) Expressions used in this article and in the 1984 Act shall have the same meaning in this article as in that Act.
Power to contract for police services
40.
—(1) Agreements may be made between the undertaker and the chief officer of police of any police force and the police authority for making available to the undertaker for the purpose of or in connection with the authorised activities the services of members of the police force.
(2) Any such agreement may be made on such terms as to payment or otherwise, and subject to such conditions, as may be specified in the agreement.
(3) In this article "chief officer of police", "police authority" and "police force" have the same meaning as in the Police Act 1996[26].
Power to make byelaws
41.
—(1) The undertaker may make and enforce byelaws regulating the use and operation of the tunnel crossing, the maintenance of order on and about the tunnel crossing or other facilities provided in connection with the tunnel crossing and the conduct of all persons including employees of the undertaker while on and about the tunnel crossing.
(2) Without prejudice to the generality of paragraph (1), byelaws under this article may make provision—
(h) to prohibit persons from carrying out, or attempting to carry out, a repair, adjustment or refuelling of a vehicle except in prescribed circumstances;
(i) to empower a constable or an appointed person to remove from its position to a prescribed area a vehicle which is for the time being at rest in a prescribed place on any of the roads to which the byelaws relate—
(j) in the case of a vehicle which is so removed or which at the request of the person in charge of it is repaired, adjusted or refuelled (instead of being removed) by an appointed person, to require the prescribed person to pay a charge of an amount to be determined in accordance with such scales and other provisions as may be prescribed;
(k) to prohibit a person from obstructing any action taken by a constable or an appointed person for the purpose of removing a vehicle in accordance with the byelaws;
(1) to regulate traffic and the speed of traffic in the tunnel crossing;
(m) to ensure the safety of vehicles passing through the tunnel crossing and to prohibit smoking or the use of exposed flames;
(n) to restrict and regulate the passage of dangerous goods or traffic through the tunnel crossing;
(o) for regulating the passage of bicycles and other vehicles on ways and other places intended for the use of persons on foot within the tunnel crossing; and
(p) for prohibiting or restricting the placing or leaving of any vehicle without its driver on any part of the tunnel crossing.
(3)
(b) Byelaws made under this article shall provide for a notice specifying—
(4) Byelaws under this article may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) Without prejudice to the terms of paragraph (4) where the undertaker considers it expedient to do so it may prosecute legal proceedings in respect of offences under this Order, or any other legislation which applies to the tunnel or would have applied to the tunnel had it been a highway, as if it were a highway.
(6) Without prejudice to the provisions of paragraph (4) a person who without reasonable excuse—
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) Without prejudice to the taking of proceedings for an offence included in byelaws by virtue of paragraph (4), if the contravention of, or failure to comply with, any byelaw under this article is attended with danger or annoyance to the public or the undertaker or hindrance to the undertaker in the operation of the tunnel crossing, the undertaker may summarily take action to obviate or remove the danger, annoyance or hindrance.
(8) Byelaws under this article shall not come into operation until they have been confirmed by the Secretary of State.
(9) At least 28 days before applying for any byelaws to be confirmed under this article, the undertaker shall publish in such manner as may be approved by the Secretary of State a notice of its intention to apply for the byelaws to be confirmed and of the place at which and the time during which a copy of the byelaws will be open to public inspection; and any person affected by any of the byelaws may make representations on them to the Secretary of State within a period specified in the notice, being a period of not less than 28 days.
(10) For at least 24 days before an application is made under this article for byelaws to be confirmed, a copy of the byelaws shall be shall be kept at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment.
(11) The undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker may determine.
(12) The Secretary of State may confirm with or without modification, or may refuse to confirm, any of the byelaws submitted under this article for confirmation and, as regards any byelaws so confirmed, may fix a date on which the byelaws shall come into operation; and if no date is so fixed the byelaws shall come into operation after the expiry of 28 days after the date on which they were confirmed.
(13) The Secretary of State may charge the undertaker such fees in respect of any byelaws submitted for confirmation under this article as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.
(14) A copy of the byelaws when confirmed shall be printed and deposited at the principal office of the undertaker and shall at all reasonable hours be open to public inspection without payment, and the undertaker shall, at the request of any person, supply him with a copy of any such byelaws on payment of such reasonable sum as the undertaker shall determine.
(15) The production of a printed copy of byelaws confirmed under this article on which is endorsed a certificate purporting to be signed by a person duly authorised by the undertaker stating—
shall be prima facie evidence of the facts stated in the certificate.
(16) The provisions of the Road Traffic Offenders Act 1988[27] in relation to evidence shall apply to the prosecution of offences under this provision.
(17) Until such time as byelaws made pursuant to this article have been confirmed by the Secretary of State and have come into operation such byelaws as have previously applied to the Tyne Tunnel and the existing foot tunnels shall apply to and be enforceable in respect of the tunnel crossing.
(18) Byelaws made under this article may be varied or revoked by subsequent byelaws and byelaws made under this article may also vary or revoke any byelaws made under any other provision in respect of the tunnels comprised in the tunnel crossing at any time.
(19) In this article—
(5) Where tolls payable under or by virtue of this Order remain unpaid after they have become due for payment, the person to whom they are payable may recover from the person liable to pay them the amount of the tolls together with all other reasonable costs and expenses including administrative expenses, enforcement expenses and interest arising out of any such failure to pay.
(6) The undertaker may appoint any person to collect tolls as its agent.
(7) Schedule 14 shall have effect and the tolls chargeable in respect of any vehicle or class of vehicles shall be determined and revised in accordance with Part 1 of that Schedule and section 13 of the 1976 Act as amended by this Order.
(8) The undertaker may enter into agreements under which persons make payments in advance, on such terms as may be agreed, with respect to tolls for use of the existing tunnels or the new tunnel by those or other persons or by any vehicles.
(9) Agreements under paragraph (8) may relate to use on an agreed number of occasions or during an agreed period.
(10) Tolls and charges may not be charged in respect of—
which has been issued with a token or permit to like effect by the undertaker;
(f) a vehicle being used in connection with—
(g) a vehicle used for naval, military or air force purposes, while being driven by persons subject to the orders of a member of the armed forces of the Crown;
(h) a vehicle which, having broken down in the tunnel crossing while travelling in one direction, is travelling in the opposite direction otherwise than under its own power; or
(i) a public service vehicle as defined in the Public Passenger Vehicles Act 1981[32] which is being used in the provision of a local service as defined in section 2 of the Transport Act 1985[33].
(11) The tolls charged in accordance with this article to be demanded, taken and recovered may be applied by the undertaker—
(12) The undertaker shall not apply any of the tolls for the purposes mentioned in sub-paragraphs (e) to (g) of paragraph (11)—
Power to enter in to concession agreements and lease or transfer the undertaking etc.
43.
—(1) The undertaker may, on such terms as it sees fit, at any time and for any period, enter into one or more concession agreements and for that purpose may provide for the exercise of the powers of the undertaker in respect of the authorised activities or any part thereof, together with the rights and obligations of the undertaker in relation thereto.
(2) The exercise by the undertaker of its rights under paragraph (1) shall not exclude or limit the responsibility of the undertaker under this Order for the authorised activities.
(3) The undertaker may grant to any person or take from any person a lease, licence or any other interest in or right over any land, including land comprising or comprised in the tunnel crossing, if it appears to the undertaker expedient to do so for the purpose of or in connection with the exercise by that person of any or all of the authorised activities.
(4) The undertaker may, with the consent of the Secretary of State, transfer the whole or any part of its undertaking.
Application of landlord and tenant law
44.
—(1) This article applies to any agreement for leasing to any person the whole or any part of the tunnel crossing or the right to operate the same, and any agreement entered into by the undertaker with any person for the carrying out of the authorised activities or any part of thereof, so far as any such agreement relates to the terms on which any land is subject to a lease granted by or under that agreement.
(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of any agreement to which this article applies.
(3) Accordingly no such enactment or rule of law shall apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—
(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by—
(5) This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
53.
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
54.
Unless otherwise agreed, any dispute or difference under or arising out of any provision of this Order (other than in relation to any matter otherwise provided for in Schedules 9 or 10 or a difference which falls to be determined by the tribunal) shall be referred to and determined by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport
Ellis Harvey
Head of the Transport and Works Act Orders Unit, Department for Transport
5th August 2005
Work No. 1 | A toll plaza including amendments to the existing A19 trunk road southbound carriageway comprising: |
Work No. 1A | Widening of the existing A19 trunk road (140 metres in length) commencing at a point below the Metro bridge over the A19 trunk road (bridge no. 1187), passing southwards terminating at a point 137 metres south of the said bridge. |
Work No. 1B | New toll plaza vehicular area (510 metres in length and 55 metres in width) including toll booths commencing at a point 137 metres south of Metro bridge over A19 trunk road (bridge no. 1187), passing southwards and terminating at a point 647 metres south of the said bridge. |
Work No. 1C | A road (292 metres in length) commencing at a point on the East Howdon bypass/Howdon Road roundabout, 330 metres southwest of the Metro bridge over the A19 trunk road (bridge no. 1187), passing west then south-westwards and terminating at a point 73 metres north-west of East Howdon bypass and 420 metres south of the said bridge. |
Work No. 1D | A road (153 metres in length) commencing at a point 25 metres east of the A19 trunk road southbound carriageway and 275 metres south of the Metro bridge over the A19 trunk road (bridge no. 1187), passing south-eastwards and terminating at a point on the East Howdon bypass, 215 metres north of Mitford Street. |
Work No. 1E | A new administration building, west of the new toll plaza (Work No. 1B) and east of Howdon Bypass, at point 320 metres south of Metro Bridge over A19 (bridge no. 1187), including a car parking area (50 metres in length by 30 metres in width) south west of the new administration building and west of East Howdon bypass. |
Work No. 1F | An emergency crossover (13 metres in length) commencing at a point 422 metres south of Metro bridge over the A19 trunk road (bridge no. 1187), passing westwards. |
Work No. 1G | A retaining wall (85 metres in length, maximum 8 metres in height) commencing at a point 561 metres south of the Metro bridge over the A19 (bridge no. 1187), 79 metres west of Mitford Street, passing southwards and terminating at a point 645 metres south of the said bridge and 60 metres west of Brinkburn Street. |
Work No. 1H | A retaining wall (130 metres in length maximum 6.4 metres in height) commencing at a point 519 metres south of Metro bridge (bridge no. 1187), 15 metres east of existing A19 northbound carriageway, passing southwards and terminating at a point 647 metres south of said bridge and 70 metres west of Brinkburn Street. |
Work No. 2 | Amendments to existing toll plaza and A19 trunk road northbound carriageway comprising: |
Work No. 2A | Widening and realignment of existing A19 trunk road (793 metres in length) commencing at a point 8 metres south of the Metro bridge over the said road (bridge no. 1187), passing southwards and terminating at a point 48 metres north west of the existing tunnel administration building. |
Work No. 2B | A crossover (100 metres in length) on the A19 trunk road commencing at a point 8 metres south of the Metro bridge over the said road (bridge no. 1187), passing southwards and terminating at a point 108 metres south of the said bridge. |
Work No. 2C | A realignment of existing toll plaza (250 metres in length), including new tollbooths, continuing on from Work No. 2A, passing west then northwards and terminating at a point 38 metres south west of the existing tunnel portal structure. |
Work No. 2D | A realignment of the existing A19 Trunk Road, A19 roundabout (part of) and entrance to existing toll plaza (225 metres in length) commencing at a point 90 metres west of Meldon Street, passing southwards then west and terminating at point 15 metres north west of the existing tunnel administration building. |
Work No. 2E | A realignment of the existing A19 roundabout (part of) (95 metres in length) commencing at the termination of Work No. 2A, passing eastwards and terminating at a point 128 metres west of the existing tunnel administration building. |
Work No. 3A | A tunnel and road (321 metres in length) continuing on from Work No. 1C, commencing at a point 647 metres south of the Metro bridge over the A19 (bridge no. 1187) passing southwards and terminating at a point 93 metres south of Tyne View Terrace. |
Work No. 3B | A vertical escape shaft from the existing road tunnel, between the A19/A185 tunnel roundabout and Tyne View Terrace, 130 metres west of the existing tunnel administration building. |
Work No. 4A | A tunnel (of the immersed tube type) and road (211 metres in length) under the River Tyne and Howdon Basin continuing on from Work No. 3A, commencing at a point 93 metres south of Tyne View Terrace, passing southwards and terminating at the borough boundary 304 metres south of Tyne View Terrace. |
Work No. 4B | Remodelling of Howdon Basin comprising a pier or quay extension (100 metres in length, 22 to 40 metres in width) over and above Work No. 4A, new sheet pile retaining walls (158 metres in length) around the Howdon Basin and demolition of part of existing quay (88 metres in length, 26 to 35 metres in width). |
Work No. 4C | New quay extension (40 metres in length, 15 metres in width) commencing at a point 125 metres east of Howdon Basin passing eastwards and a new sheet pile retaining wall (80 metres in length) continuing from the said extension. |
Work No. 4D | Armoured ship protection to immersed tube tunnel (Work No. 4A) south of Howdon Basin extending 60 metres towards the centre of the River Tyne over a width of 80 metres from the southern limit of Work No. 4B. |
Work No. 5 | A tunnel (of the immersed tube type) and road (145 metres in length) under the River Tyne, commencing at the borough boundary at a point 250 metres north of Tyne Street passing southwards and terminating at a point 104 metres north of Tyne Street. |
Work No. 6A | A tunnel and road (839 metres in length) continuing on from Work No. 5, commencing at a point 104 metres north of Tyne Street, passing south then south-eastwards and terminating at a point on 4 metres north of the south face of the existing Howard Street (A185) bridge over the existing Tyne Tunnel approach road, 43 metres south west of Stothard Street. |
Work No. 6B | A road (part realignment of Tyne Street) (236 metres in length), commencing at a point 27 metres south of the Pedestrian Tunnel building, passing clockwise in a loop around the said building and terminating at the same point. |
Work No. 6C | A road on the line of the former Ferry Street (part of) (100 metres in length), commencing at a point 30 metres south of the Pedestrian Tunnel building, passing southwards and terminating at a point 17 metres north of Chaytor Street. |
Work No. 6D | A realignment of Chaytor Street (112 metres in length) including a roundabout at the junction with Ferry Street and Work No. 6C. Commencing at a point 52 metres east of Ferry Street junction, passing westwards and terminating at a point 60 metres west of the said junction. |
Work No. 6E | A vertical escape shaft from the existing tunnel, 5 metres south of the existing ventilation building and 19 metres west of Ferry Street. |
Work No. 6F | A road (160 metres in length) commencing at a point on the western end of Friar Way, passing south-westwards and terminating at a point on Ferry Street 20 metres north of the Grange Road junction. |
Work No. 6G | A ventilation building, connecting ventilation tunnel, retaining wall and hard landscaping, east of the tunnel (Work No. 6A) and south west of Howard Street (A185)/Priory Road roundabout. |
Work No. 7 | A road interchange to replace the existing interchange comprising: |
Work No. 7A | A realignment and improvement of the Tyne Tunnel approach road and the A19 trunk road (373 metres in length), including new carriageway, commencing at a point 75 metres north west of the existing Howard Street bridge (A185), passing south-westwards and terminating at a point 10 metres south of the Metro bridge over the A19 trunk road (bridge no. 1027). |
Work No. 7B | A road (355 metres in length) commencing at a point 56 metres north west of Howard Street Bridge (A185) passing south-eastwards looping round to head north-eastwards and terminating at a point 5 metres south west of the existing tunnel buildings. |
Work No. 7C | A road bridge over Works Nos. 7A, B, K and L to carry traffic to/from A19 towards Howard Street (A185)/Priory Road (B1297) roundabout continuing on from Work No. 7B, passing north-eastwards and terminating at a point 70 metres north east of the existing tunnel buildings. |
Work No. 7D | A road (43 metres in length) continuing on from Work No. 7C, passing north-eastwards and terminating at the Howard Street (A185)/Priory Road (B1297) roundabout. |
Work No. 7E | A realignment and enlargement of the existing Howard Street (A185)/Priory Road (B1297) roundabout (178 metres in length) commencing at a point 22 metres south east of Russell Street, passing in a clockwise direction and terminating at the same point. |
Work No. 7F | A realignment of Priory Road (B1297) (31 metres in length) commencing at a point 32 metres south of St. Paul's Road, passing eastwards and terminating at point 30 metres south of the said road. |
Work No. 7G | A realignment of Howard Street (A185) (60 metres in length) commencing at a point on the junction of the Howard Street (A185)/Priory Road (B1297) roundabout, passing westwards and terminating at a point 60 metres west from said junction. |
Work No. 7H | A road bridge and road (total 21 metres in length) to replace the existing bridge carrying Howard Street (A185) over the Tyne Tunnel approach road (Works Nos. 6A, 7A & 7B) continuing on from Work No. 7G, passing westwards and terminating at point 69 metres east of St. Bede's Roman Catholic School and 9 metres north west of existing Howard Street bridge. |
Work No. 7J | A realignment of Howard Street (A185) (122 metres in length) continuing on from Work No. 7H commencing at a point 81 metres west of the junction at Howard Street/Priory Road roundabout, passing westwards and terminating at a point 65 metres east from the junction at Howard Street/Monkton Terrace roundabout. |
Work No. 7K | A realignment and improvement of the Tyne Tunnel approach road and the A19 trunk road (283 metres in length) including a new carriageway continuing on from Work No. 6A, passing south-westwards and terminating at the south face of the Metro bridge over the A19 trunk road (bridge no. 1027). |
Work No. 7L | A slip road and lay-by area (202 metres in length) from the Tyne Tunnel approach road to the new roundabout at end of Straker Street (Work No. 7S) commencing at south side of Howard Street bridge (A185), passing south-eastwards and terminating at a point 32 metres south east of former mineral railway bridge. |
Work No. 7M | A realignment and improvement to the A185 link road (164 metres in length) from Work No. 7E to Work No. 7S, commencing at a point 39 metres south of the junction of Priory Road to the existing roundabout, passing southwards and terminating at a point 30 metres south east of the former mineral railway bridge. |
Work No. 7N | A retaining wall (68 metres in length 7 metres maximum height) commencing at a point on the north face of the existing Howard Street bridge, passing southwards and terminating at a point 45 metres south of the said bridge. |
Work No. 7P | A retaining wall (170 metres in length 6 metres maximum height) continuing on from Work No. 7N, commencing at a point 28 metres east of Epinay Walk and 4 metres west of the existing tunnel buildings, passing south-west and going in an anticlockwise direction and terminating at a point 95 metres east of Epinay Walk and 72 metres south east from the said building. |
Work No. 7Q | Buildings, parking and waiting areas adjacent to Work No. 7B and extending below Work No. 7C terminating at the existing Howard Street bridge (A185). |
Work No. 7R | A slip road (154 metres in length) from Work No. 7B commencing at a point 57 metres south east of the existing tunnel buildings, passing south-eastwards and terminating at a point 10 metres south the Metro bridge over A19 trunk road (bridge no. 1027). |
Work No. 7S | A roundabout at west-end of Straker Street (A185) (130 metres in length) commencing at a point 40 metres south east of the existing former mineral railway bridge, passing in a clockwise direction and terminating at the same point. |
Work No. 7T | A realignment of Straker Street (A185) (16 metres in length) commencing at a point 29 metres east of the existing junction of Straker Street with the existing A19/A185 roundabout, passing eastwards and terminating at a point 45 metres east of said junction. |
Work No. 7U | A link road (47 metres in length) from Work No.7S, commencing at a point 60 metres north of the Metro railway bridge (bridge no. 1027), passing south-westwards and terminating at a point 17 metres north of the said bridge. |
Work No. 7V | A slip road (156 metres in length), including widening of the existing A19 trunk road, continuing on from Work No. 7U, passing south-westwards and terminating at a point 128 metres south west of the Metro railway bridge (bridge no. 1027). |
Work No. 7W | A realignment of the north east wing wall of the Metro railway bridge (bridge no. 1027) (11 metres in length). |
(1) | (2) |
Area | Street Subject to Works |
In the Metropolitan Borough of North Tyneside |
Existing A19 northbound realigned in position and level to accommodate access for northbound traffic from toll plaza. Existing roundabout junction at southern end of A19; Carriageway realigned to facilitate link to local highway network from toll plaza for north bound traffic. Link road (south side) between the roundabout on the southern end of the A19 and the roundabout at the southern end of the Howdon bypass; Delineation kerbing required to close part of existing junction. Existing toll plaza; Reconfigured to accommodate new toll plaza. Access to all existing tunnel facilities to be maintained. East Howdon bypass—Northbound carriageway; Kerbing removed to accommodate new access to tunnel staff facility and access to local highway network from emergency turn back area. Roundabout at junction of East Howdon bypass and Howdon Road; Kerbing removed to accommodate new public transport link. |
In the Metropolitan Borough of South Tyneside |
Chaytor Street—North side of junction with Ferry Street; Kerbing and footway altered to form new junction. Chaytor Street—North side at junction with Commercial Road; New kerbing and footway provided across junction with Commercial Road. Curlew Road—West end at junction with Tyne Street; Demarcation kerbing and turning facility required. Chaytor Street—Between Commercial Road and Ferry Street junctions; pedestrian crossing to be constructed to facilitate footpath link. Commercial Road—To the front of properties 45 to 50; carriageway width reduced and new carriageway introduced (at reduced width) to maintain access to properties. Ferry Street—east side at junction with Ormonde Street new kerb and footway provided across former junction. Ferry Street—East side slightly north of Grange Road junction; Kerbing and footway removed to facilitate new junction. Staple Road—East side; Kerbing and footway provided across former junction with Stanley Street. Stanley Street—West end, turning facility required. Howard Street at existing A19 overbridge; carriageway realigned to accommodate new bridge. Footpaths and bus stopping facility to be replaced. A185 from existing roundabout junction adjacent to St Paul's Estate, south to new roundabout on A185 on the western end of the River Don overbridge; Carriageway and footways to be realigned to accommodate new layout. Western arm of existing roundabout at junction of A185 and A19; Realigned to provide off-slip to new compact spiral junction. Existing A19 carriageways both north and southbound; Various accommodation works required to provide new carriageways. Existing and southbound; Realigned in position and level to accommodate new tunnel access. |
(1) | (2) | (3) | (4) |
Area | Street to be stopped up | Extent of stopping up | New street to be provided |
In the Metropolitan Borough of North Tyneside | A19 Trunk road— Southbound carriageway including verge and embankment. | Between points NT1A and NS2 and points NT1B and NS2. | Works Nos. 1A, 1B and 2D (part). |
A19 Trunk road— northbound carriageway including verge and embankment. | Between points NS4 and NT3A and points NS4 and NT3B. | Work No. 2A. | |
A19 Roundabout. | From point NS2 in a clockwise direction to the point NS2. | Works Nos. 2A(part), 2D(part) and 2E(part). | |
To the extent that it comprises a street the toll plaza from tunnel portal to A19 roundabout. | Between points NS5 and NS6. | Work No. 2C. | |
Footpath/Cycleway on land east of A19 trunk road. | Between points NSF4 and NSF5. | Footpath/Cycleway to be provided between points NSF4 and A1 and between points A2 and NSF5. | |
In the Metropolitan Borough of South Tyneside | Tyne Street. | Between points SS1 and SS2 and between points SS3 and SS4. | Works Nos. 6B and 6C. |
Curlew Road. | Between points SS4 and SS5. | Works Nos. 6B and 6C. | |
Commercial Road. | Between points SS4 and SS6. | Works Nos. 6B and 6C. | |
Chaytor Street. | Between points SS28 and SS29. | Work No. 6D. | |
Footpaths/Cycleway north of Tyne Street, south of River Tyne. | Area SSF1. | Footpath to be provided between points B1 and B3; | |
Footpaths in landscaped area bounded by Commercial Road, Chaytor Street, Tyne Street and the former Ferry Street. | Area SSF2. | and footpath to be provided between points B2 and B3. | |
Footways in area bounded by Ferry Street, Ormonde Street and Commercial Road. | Area SSF3. | Footpath to be provided between points B4 and B5; and footpath to be provided between points B6 and B7. | |
Commercial Road. | Between points SS7 and SS8. | Footpaths to be provided between points B4 and B5. | |
Ormonde Street. | Between points SS8 and SS9. | Footpaths to be provided between B6 and B7; and footpath to be provided between points B5 and B6. | |
Footway between Ferry Street and Dunn Street School. | Between points SSF4 and SSF5. | Work No. 6F. | |
Footway, carriageway and verge of Howard Street. | Between points SS18 and SS19. | Works Nos. 7G, 7H and 7J. | |
Footway, carriageway and verge of Priory Road. | Between points SS20 and SS21. | Works Nos. 7F and 7E (Part). | |
Footway, carriageway and verge of A185. | Between points SS22 and SS23. | Works Nos. 7E (Part) and 7M. | |
To the extent that it comprises a street the footway, carriageway and verge of A19 and Tyne Tunnel approach road. | Between points SS16 and SS17. | Works Nos. 7A (Part), 7B (Part), 7K (Part), 7L(Part), 7Q(Part) and 7R(Part). | |
Existing roundabout at Junction of A185, A19 etc. | From point SS17 clockwise to same position. | Works Nos. 7A (Part), 7B (Part), 7K (Part), 7L (Part), 7M (Part), 7R (Part), and 7S (Part). | |
Footway, carriageway and verge on A185. | Between points SS24 and SS25. | Works Nos. 7S (Part) and 7T. | |
Footway, carriageway and verge on A19. | Between points SS26 and SS27. | Works Nos. 7A (Part), 7K (Part), 7R (Part), 7U (Part) and 7V. | |
Footway linking A185 to south side of Howard Street. | Between points SSF8 and SSF9. | Works Nos. 7E (Part), 7G (Part) and 7M (Part). | |
Link footway from, footway linking A185 to south side of Howard Street, to roundabout at junction of Howard Street, Priory Road and A185. | Between points SSF10 and SSF11. | Works Nos. 7E (Part), 7G (Part) and 7M (Part). |
(1) | (2) | (3) |
Area | Street to be affected | Extent of stopping up |
In the Metropolitan Borough of North Tyneside | Footpath adjacent to the A19 trunk road southbound carriageway. | Between points NSF1 and NSF2. |
Footpath between A19 trunk road and Howdon Bypass. | Between points NSF2 and NSF3. | |
In the Metropolitan Borough of South Tyneside | Stanley Street carriageway and footway. | Between points SS10 and SS11. |
Street or highway west of Stothard Street. | Between points SS12, SS13, SS14 and SS15. | |
Footpath linking south side of Salem Street to carriageway extending westward from north end of Stothard Street. | Between SSF6 and SSF7. |
(1) | (2) | (3) |
Area | Street to be stopped up | Extent of temporary stopping up |
In the Metropolitan Borough of North Tyneside | Footpath/cycleway on land east of A19 trunk road. | Between points NTF1, NTF2 and NSF4. |
Access track on land east of A19 trunk road. | Between points NT1 and NT2. | |
A187 East Howdon Bypass and roundabout (part of). | Between points NT3 and NT4. | |
A187 East Howdon Bypass. | Between points NT5 and NT6. | |
Link road between A19 roundabout and A187 East Howdon Bypass roundabout. | Between points NT7 and NT8. | |
Tyne View Terrace. | Between points NT9 and NT10. | |
In the Metropolitan Borough of South Tyneside | Quayside walkway on southern banks of River Tyne. | Between STF1 and STF2. |
Chaytor Street. | Between points ST1 and ST2. | |
Ferry Street—footway on eastern side. | Between STF3 and STF4. | |
Staple Road—footway on eastern side. | Between STF4 and STF5. | |
High Street. | Between ST3 and ST4. | |
Dee Street—footway on eastern side. | Between STF6 and STF7. | |
Salem Street. | Between ST5 and ST6. |
(1) | (2) |
Area | Description of Access |
In the Metropolitan Borough of North Tyneside |
Access No. NA2—from A187 East Howdon Bypass roundabout. Access No. NA3—from A187 East Howdon Bypass. Access No. NA4—from A187 East Howdon Bypass southern roundabout. Access No. NA5—from Tyne View Terrace. Access No. NA6—from Tyne View Terrace. Access No. SA1—from Chaytor Street North at the junction of Ferry Street. |
In the Metropolitan Borough of South Tyneside |
Access No. SA2—from Chaytor Street North at the junction with Commercial Road. Access No SA3—from Chaytor Street South at the junction with Commercial Road. Access works will require removal of a section of existing footpath on the south side of Chaytor Street. Access No. SA4—from Ferry Street East at the junction with Ormonde Street. Access No. SA5—from Ferry St East. Access No. SA6—from Salem Street at Dee Street junction. Access No. SA7—from Howard Street north toward Stothard Street new access to be formed. Access No. SA8—from Howard Street north toward Stothard Street new access to be formed. |
(1) | (2) |
Number of Land in the Book of Reference | Description of Land in Book of Reference |
In the Metropolitan Borough of South Tyneside | |
102 | 7,895 square metres. Landscaped areas known as Riverside Park adjacent to quay wall. |
105 | 4,915 square metres. Landscaped area known as Riverside Park. Part footway of Tyne Street. |
111 | 7,033 square metres. Section of landscaped area and footway bordered by Tyne Street, Chaytor Street and Commercial Road. (Note: parcel does not include subsoil of shaded areas). |
117 | 984 square metres. Rectangular plot adjacent to junction of Chaytor Street and Commercial Road. |
118 | 186 square metres. Landscaped area adjacent to junction of Ormonde Street and Commercial Road. Formerly 2 Ormonde Street and 17 Drury Lane, Jarrow. |
123.02 | 7,717 square metres. Playing field to the east of Jarrow Cross Church of England Controlled Primary School. |
129 | 2,517 square metres. Part of school playing field at Dunn Street School. |
193.01 | 460 square metres. Plot comprising landscaped area and verges north of A185/A108 link road and east of roundabout junction with A19 Trunk Road and A108. |
195 | 5,678 square metres. Plot comprising landscaped area and footways north of Howard Street and east of Debussy Court and Epinay Walk. |
500-517 | Formerly the site of housing. |
165.02 | 210 square metres. Sections of verges and footway to the north end of Stothard Street together with landscaped areas. |
165.03 | 101 square metres. Sections of verges to the north end of Stothard Street together with landscaped areas. |
169.01 | 1,111 square metres. Verges, footways and landscaped areas associated with the roundabout junction of A19, A108 and A185. |
169.02 | 2,185 square metres. Verges, footways and landscaped areas associated with the roundabout junction of A19, A108 and A185. |
169.08 | 143 square metres. Plot comprising verges and landscaped areas between section of Howard Street west of St Paul's Bridge and Epinay walk. |
189.01 | 246 square metres. Landscaped area comprising Epinay Walk. |
(3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—
3.
—(1) The 1965 Act shall have effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including reference to—
(2) Without prejudice to the generality of sub-paragraph (1), Part I of the 1965 Act shall apply in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.
4.
For section 7 of the 1965 Act (measure of compensation) there shall be substituted the following section—
5.
For section 8 of the 1965 Act (provision as to divided land) there shall be substituted the following—
the River Tyne (Tunnels) Order 2005 ("the Order") shall, in relation to that person cease to authorise the purchase of the right and be deemed to authorise the purchase of that person's interest in the whole of the relevant land including, where the land consists of such park or garden, the house to which it belongs, and the notice shall be deemed to have been served in respect of that interest on such date as the tribunal directs.
(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section shall be determined by the tribunal.
(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of six weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.".
6.
The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—
shall be so modified as to secure that, as against persons with interest in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.
7.
Section 11 of the 1965 Act (powers of entry) shall be so modified as to secure that, from the date on which the acquiring authority have served notice to treat in respect of any right, they have power exercisable in the like circumstances and subject to the like conditions, to enter for the purposes of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act shall be modified correspondingly.
8.
Section 20 of the 1965 Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.
9.
Section 22 of the 1965 Act (protection of acquiring authority's possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.
(1) | (2) | (3) |
Area | Number of land shown on deposited plan entitled "Land Plan" | Purpose for which temporary possession may be taken in connection with the authorised works |
1.9774 hectares. Rohm & Haas Site, Tyne Street Jarrow | 109 | The provision of a construction compound and works area |
7.1542 hectares. Land and buildings adjacent to the River Tyne including the former Mercantile Dock | 208 | The provision of a construction compound and works area and for the temporary storage of dredged arisings and aggregates from the River Tyne or elsewhere |
(c) any notice served by the Secretary of State under sub-paragraph (a) shall specify the period within which the undertaker shall comply with the requirements of that notice and may specify different periods for the taking of different steps; and
(d) where the undertaker fails to comply with the requirements of a notice served under sub-paragraph (a) within the period specified in that notice, the Secretary of State may himself execute the works required by the notice.
(3) Where it appears to the Secretary of State to be urgently necessary to do so, he may himself remove the tidal work, or any part of it, or restore the site to its former condition or as near to its former condition as he considers appropriate.
(4) The Secretary of State may, if he considers it expedient, order a survey and examination of any site on which it is proposed to execute a tidal work.
(2) If the undertaker fails to notify Trinity House and the Port Authority as required by this paragraph or to comply in any respect with a direction given under this paragraph it shall be guilty of an offence.
(2) Where—
the Secretary of State may include that part of the work, or any portion of it, in any notice under sub-paragraph (1).
(3) If at the end of the period of 28 days from the date when notice is served on the undertaker under sub-paragraph (1) it has failed to begin taking steps to comply with the requirements of the notice or, after beginning, has failed to make reasonably expeditious progress towards their implementation, the Secretary of State may execute the works specified in the notice.
but shall not include internal works to the new tunnel after Works Nos. 4A and 5 have become watertight; and
4.
No dredging operations shall take place for the excavation of a trench for placing Works Nos. 4A and 5 south of an imaginary line parallel with and 75 metres south of the line of Howdon Quay during or between the months of April and October in any year.
5.
—(1) Before beginning to construct any specified work, the undertaker shall submit to the Agency plans of the work and such further particulars available to it as the Agency may within 28 days of the submission of the plans reasonably require.
(2) Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 15.
(3) Any approval of the Agency required under this paragraph—
6.
Without prejudice to the generality of paragraph 5, the requirements which the Agency may make under that paragraph include—
7.
—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 6, shall be constructed—
and the Agency shall be entitled by its officer to watch and inspect the construction of such works.
(2) The undertaker shall give to the Agency not less than 14 days' notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is brought into use.
(3) If any part of the works comprising a structure in, over or under a watercourse is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the undertaker at the undertaker' own expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent as the Agency reasonably requires.
(4) Subject to sub-paragraph (5), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and thereafter complete them within such reasonable period as may be specified in such notice, the Agency may execute the works specified in the notice and any expenditure reasonably incurred by it in so doing shall be recoverable from the undertaker.
(5) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency shall not except in emergency exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined.
8.
—(1) Before commencing the construction of a specified work the undertaker shall procure at its expense in liaison with and to the reasonable satisfaction of the Agency a survey of any drainage work liable to be affected by that specified work.
(2) Subject to sub-paragraph (3), the undertaker shall, from the commencement of the construction of the specified works and except to the extent that any approval given by the Agency under this Part of this Schedule permits otherwise, maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land owned by the undertaker or which it otherwise has control of or is in occupation of for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers of the Order or is already in existence.
(3) The obligation imposed on the undertaker under sub-paragraph (2) does not apply where the Agency or another person is liable to maintain any such work and is not precluded by the exercise of the powers of the Order from doing so.
(4) If any drainage work referred to in sub-paragraph (2) is not maintained in good repair and free from obstruction the Agency may by notice in writing require the undertaker to repair and restore the work, or any part thereof, or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site (including sea defences) to its former condition, to such extent and within such limits as the Agency reasonably requires.
(5) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any work is served under sub-paragraph (4) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and thereafter completed them within such reasonable period as may be specified in the notice, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.
(6) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (4), the Agency shall not except in a case of emergency exercise the powers of sub-paragraph (5) until the dispute has been finally determined.
9.
If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that work is otherwise damaged, such impairment or damage shall be made good by the undertaker to the reasonable satisfaction of the Agency and if the undertaker fails to do so within such reasonable period as the Agency may require by notice in writing to the undertaker, the Agency may make good the same and recover from the undertaker the expense reasonably incurred by it in so doing.
10.
—(1) The undertaker shall take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in the fishery during the construction of any specified work.
(2) If by reason of—
damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the undertaker requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage.
(3) If within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, the undertaker fails to take such steps as are described in sub-paragraph (2), the Agency may take those steps and may recover from the undertaker the expense reasonably incurred by it in doing so.
(4) In any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the undertaker the reasonable cost of so doing provided that notice specifying those steps is served on the undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.
11.
The undertaker shall indemnify the Agency in respect of all reasonable and proper costs, charges and expenses which the Agency may reasonably incur or have to pay or which it may sustain—
12.
—(1) Without prejudice to the other provisions of this Part of this Schedule, the undertaker shall indemnify the Agency from all claims, demands, proceedings, costs, damages or expenses or loss, which may be made or taken against, or recovered from or incurred by the Agency by reason of—
which is caused by the construction of any of the specified works or any act or omission of the undertaker, its contractors, agents or employees whilst engaged upon the specified works.
(2) The Agency shall give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand shall be made without the consent of the undertaker which shall not be unreasonably withheld.
(3) Prior to incurring any expense which it may seek to recover under this paragraph, the Agency shall, except in a case of urgency, serve notice on the undertaker informing it of the Agency's intentions and requiring it within such time as the Agency may reasonably specify to take such steps as may be reasonably practicable to avoid the need for the Agency to incur such costs.
(4) Nothing in this Part of this Schedule shall impose any liability on the undertaker in respect of any damage to the extent that it is attributable to the negligent act or omission of the Agency, its officers, servants or, if not the undertaker, its contractors or agents.
13.
The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the undertaker from any liability under the provisions of this Part of this Schedule.
14.
For the purposes of Chapter II of Part II of the Water Resources Act 1991[37] (abstraction and impounding of water) and section 109 of that Act (as to structures in, over or under watercourses) as applying to the construction of any specified work, any consent or approval given or deemed to be given by the Agency under this Schedule with respect to such construction shall be deemed also to constitute an impounding licence under that Chapter or, as the case may be, a consent or approval under those sections, and the undertaker shall not be obliged to serve any notice which would otherwise be required by section 30 of the said Act of 1991 (which relates to the construction of boreholes and similar works in respect of which a licence is not required).
15.
Any dispute arising between the undertaker and the Agency under this Part of this Schedule shall, if the parties agree, be determined by arbitration, but shall otherwise be determined by the Secretary of State for Environment, Food and Rural Affairs.
20.
The undertaker shall allow the authorised representatives of the Port Authority to inspect and survey all or any of the tidal works on reasonable written notice (or such notice as may be practicable in case of emergency) in that behalf being given to the undertaker by the Port Authority, and shall give all reasonable facilities for so doing.
21.
Nothing in this Order shall authorise or empower the undertaker without the previous written consent of the Port Authority (which consent shall not be unreasonably withheld but may be given subject to reasonable conditions), to embank, encroach upon or interfere with any part of the bed, shores or banks of the river except as is expressly authorised by this Order or authorised by the Port Authority pursuant to paragraphs 18 and 19.
22.
Except so far as may be unavoidable in the construction of a tidal work, the undertaker shall not, without the written consent of the Port Authority (which consent shall not be unreasonably delayed or withheld), deposit or permit the deposit of any material on or in the river or on the bed, shores or banks of the river; and the undertaker shall within 7 days after receipt of written notice to that effect from the Port Authority remove any material so unavoidably deposited without the written consent of the Port Authority under paragraphs 18 and 19, as in the reasonable opinion of the Port Authority is necessary for facilitating or preserving safety of navigation.
23.
The undertaker shall not, except for the purpose of constructing the authorised works, remove any gravel, soil or other material from the bed, shores or banks of the river without the previous written consent of the Port Authority (which consent shall not be unreasonably delayed or withheld), but nothing in this paragraph shall prevent the use by the undertaker of any gravel, soil or other material so removed for the purposes of the construction of other authorised works.
24.
From the time when the construction of the tidal works is commenced the undertaker shall proceed with such works with all reasonable diligence and without unreasonable delay until all of the tidal works are completed and all temporary works removed from the river.
25.
26.
The undertaker shall, at or near every tidal work exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the Port Authority may from time to time reasonably require.
27.
If, except in the case of the new tunnel—
the Port Authority may abate and remove the work or any part of it and restore the site to its former condition and may recover their reasonable expenses from the undertaker.
28.
Subject to paragraph 40 and to complying with paragraph 41, the Port Authority may recover from the undertaker any reasonable expenses howsoever caused (including a proper proportion of the overhead charges of the Port Authority) which the Port Authority incur—
(g) arising from the carrying out of construction of a tidal work or the failure of a tidal work or the undertaking by the Port Authority of works or measures to prevent or remedy danger or impediment to navigation or damage to any property arising from such carrying out of construction, exercise or failure;
and subject as aforesaid the undertaker shall indemnify the Port Authority from and against all claims and demands arising out of such construction or carrying out, failure or act or omission as aforesaid; but the Port Authority shall as soon as reasonably practicable give to the undertaker notice of any claim or demand which is one for which the undertaker may be liable under this paragraph and no settlement or compromise of any such claim or demand shall be made without the consent in writing of the undertaker.
29.
Nothing in this Order authorises the doing of anything prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991[38] (offences of polluting controlled waters).
30.
The Port Authority shall not be liable, in the absence of negligence or breach of any duty hereunder or otherwise, for any damage or injury howsoever caused to the new tunnel or to any of the authorised works (whether temporary or permanent) resulting from the dredging operations of the Port Authority or the carrying out by them in the execution of their statutory powers and duties of any operations in the river or works for the improvement or maintenance thereof; and it shall be a defence to any proceedings for an offence under article 38 of this Order arising from the carrying out of such dredging or other operations or works by the Port Authority that the same were reasonably necessary and carried out without negligence.
31.
After the purpose of any temporary tidal work has been accomplished or after a reasonable period of notice in writing from the Port Authority requiring it so to do, the undertaker shall with all reasonable dispatch, remove that work or any materials relating thereto which may have been placed below the level of high water by or on behalf of the undertaker and, on its failing so to do within a reasonable period after receiving such notice, the Port Authority may remove the same and charge the undertaker with the reasonable expense of so doing, which expense the undertaker shall repay to the Port Authority.
32.
If during the construction of a tidal work or within 10 years after the completion of that work and as a consequence whether in whole or in part of its construction, there is caused or created an accumulation or erosion, the undertaker, if so requested by the Port Authority before or within the period of 10 years after such completion, shall remedy such accumulation or erosion in the manner specified in paragraph 34 and, if it refuses or fails so to do, the Port Authority may themselves cause the work to be done and may recover the reasonable cost thereof from the undertaker to the extent that the same is attributable to such construction as aforesaid.
33.
Should any such accumulation or erosion as is mentioned in paragraph 32 arise within the period of 10 years mentioned in that paragraph and be remedied in accordance with paragraph 34, any recurrence of such accumulation or erosion shall from time to time be so remedied by the undertaker during that period of 10 years and at any time thereafter, save that the undertaker's obligation under this paragraph shall cease in the event that following the remedying of any accumulation or erosion a period of 10 years elapses from the completion of that remedying, without any further accumulation or erosion being caused or created in consequence of such construction or exercise.
34.
For the purpose of paragraphs 32 and 33—
35.
In the event it is established that any accumulation or erosion mentioned in paragraph 32 or 33 would have been caused in any event by factors other than the construction of a tidal work, the undertaker shall be liable to remedy such accumulation or erosion only to the extent that the same is attributable to such construction as aforesaid.
36.
For the purposes of paragraph 32 the date of completion of a tidal work shall be the date on which it is brought into use.
37.
The undertaker shall—
38.
Nothing in this Part of this Schedule shall impose any liability on the undertaker to the extent that any losses, costs, charges, damages, expenses, claims or demands of the Port Authority or for which the Port Authority may be liable above are attributable to negligence or breach of statutory duty on the part of the Port Authority or any act or omission by it of any person in their employ or of their contractors or agents.
39.
The Port Authority shall give to the undertaker notice of any claim or demand in relation to which the undertaker may be liable under this Part of this Schedule and no settlement or compromise of any such claim or demand shall be made without the consent in writing of the undertaker which if it withholds such consent shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
40.
The fact that any work or thing has been executed or done with the consent of the Port Authority and in accordance with any reasonable conditions or restrictions prescribed by the Port Authority or in accordance with plans approved or deemed to be approved by the Port Authority or to their satisfaction or in accordance with any directions or award of an arbitrator or in accordance with any plans approved by the Secretary of State and any conditions or restrictions imposed by him shall not relieve the undertaker from any liability under the provisions of this Part of this Schedule save where any such liability arises by reason of any conditions or restrictions imposed by the Port Authority.
41.
With the exception of any duty owed by the Port Authority to the undertaker which is expressly provided for in the foregoing provisions of this Part of this Schedule, nothing in this Order shall be construed as imposing upon the Port Authority either directly or indirectly, any duty or liability to which the Port Authority would not otherwise be subject and which is enforceable by proceedings before any court.
42.
Save as the terms of this Order may otherwise provide nothing in this Order shall affect prejudicially any statutory or other rights, powers or privileges vested in, or enjoyed by, the Port Authority or the harbour master at the date of making of this Order but so that it shall not be necessary for the undertaker to obtain any other consent from the Port Authority unless this Part of this Schedule so provides.
43.
Unless otherwise agreed in writing, any difference which may arise between the undertaker and the Port Authority under this Part of this Schedule (other than under paragraphs 21 and 42 or a difference as to the meaning or construction of this Part of this Schedule) shall be settled by arbitration in accordance with article 54 of this Order.
44.
In this Part of this Schedule—
46.
The temporary stopping up or diversion of any street under article 8 shall not affect any right of a public communications provider under paragraph 9 of the Electronic Communications Code (the "Code"), contained in Schedule 2 to the Telecommunications Act 1984[40] as amended by Schedule 3 to the Communications Act 2003, in respect of any apparatus which at the time of the temporary stopping up or diversion is in that street.
47.
If BT or C&W suffer damage in consequence of the construction, use or failure of the authorised works or any subsidence resulting from the works, the undertaker shall pay the cost reasonably incurred by BT or C&W respectively in making good such damage, and shall indemnify BT or C&W against claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by BT or C&W by reason or in consequence of any such damage, but—
48.
Nothing in this Order shall affect any right of a public communications provider under the Code.
50.
—(1) The undertaker shall not exercise the powers conferred by article 16 or the powers conferred by section 11(3) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Nexus.
(2) The undertaker shall not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Nexus.
(3) Except with the consent of Nexus, the undertaker shall not under the powers of Part 3 of this Order—
any railway property.
(4) Where Nexus is asked to give its consent pursuant to sub-paragraph (1), (2), or (3), such consent shall not be unreasonably withheld but may be given subject to reasonable conditions.
51.
—(1) The undertaker shall, before commencing construction of any specified work, supply to Nexus proper and sufficient plans of that work for the reasonable approval of the engineer and shall not commence such construction of the specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.
(2) The approval of the engineer under sub-paragraph (1) shall not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Nexus the engineer has not intimated his disapproval of those plans and the grounds of his disapproval he shall be deemed to have approved the plans as submitted.
(3) When signifying his approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his reasonable opinion should be carried out before the commencement of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of any railway belonging to Nexus (including any relocation of works, apparatus and equipment necessitated by a specified work), and such protective works as may reasonably be necessary for those purposes shall be constructed by Nexus or by the undertaker, if Nexus so desires, with all reasonable dispatch and the undertaker shall not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to his reasonable satisfaction.
(4) The engineer shall inspect the protective works and notify the undertaker that they have been completed to his reasonable satisfaction, or otherwise, as soon as reasonably practicable after they have been completed.
52.
—(1) Any specified work and any protective work specified pursuant to paragraph 51(3) shall, when commenced, be constructed—
and, if any damage to the railway property or any such interference or obstruction is caused or takes place in consequence of the construction of a specified work, the undertaker shall, notwithstanding any such approval, make good such damage and shall pay to Nexus all reasonable expenses to which Nexus may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.
(2) Nothing in this paragraph shall impose any liability on the undertaker with respect to any damage, cost, expense or loss attributable to the negligence of Nexus or its servants, contractors or agents and any liability to the undertaker under this paragraph shall be reduced proportionately to the extent to which any damage, cost, expense or loss is attributable to the negligence of Nexus or its servants, contractors or agents.
53.
The undertaker shall—
54.
Nexus shall at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Nexus under this Part of this Schedule during their construction and Nexus shall supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.
55.
—(1) If any alterations or additions, either permanent or temporary, to railway property are reasonably necessary during the a period of 12 months after the new tunnel is opened to traffic, in consequence of the construction of a specified work, and Nexus gives to the undertaker reasonable notice of its intention to carry out any such alterations or additions specifying the alterations or additions to be carried out, the undertaker shall pay to Nexus the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Nexus in maintaining, working and, when necessary, renewing any such alterations or additions.
(2) The engineer shall, in respect of the capitalised sums referred to in this paragraph and paragraph 56(a), provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.
(3) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to Nexus under this paragraph.
56.
The undertaker shall repay to Nexus all reasonable fees, costs, charges and expenses reasonably incurred by Nexus—
57.
If at any time after the completion of a specified work, not being a work vested in Nexus, Nexus gives notice to the undertaker informing it that the state of maintenance of the specified work appears to be such as adversely affects the operation of railway property, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.
58.
—(1) The undertaker shall pay to Nexus all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to or reasonably incurred by Nexus—
and the undertaker shall indemnify Nexus from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act or thing may have been done by Nexus on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under this supervision shall not (if it was done without negligence on the part of Nexus or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.
(2) Nexus shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand shall be made without the prior consent of the undertaker.
(3) Any liability of the undertaker under this paragraph shall be reduced proportionately to the extent to which any cost, charge, damage, expense, claim, demand or loss is attributable to the negligence of Nexus or its servants, contractors or agents.
59.
In the assessment of any sums payable to Nexus under this Part of this Schedule there shall not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Nexus if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable.
60.
The undertaker and Nexus may enter into, and carry into effect, agreements for the transfer to the undertaker of—
and, if any damage to railway property or any such interference or obstruction is caused or takes place in consequence of the construction of a specified work, the undertaker shall, notwithstanding any such approval, make good such damage and shall pay to NRI all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.
(2) Nothing in this paragraph shall impose any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents.
67.
NRI shall at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by NRI under this Part of this Schedule during their construction and shall supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.
70.
If at any time after the completion of a specified work, not being a work vested in Network Rail, NRI gives notice to the undertaker informing it that the state of maintenance of the specified work appears to be such as adversely affects the operation of railway property, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put the specified work in such state of maintenance as not adversely to affect the operation of railway property.
and the undertaker shall indemnify Network Rail from and against all claims and demands arising out of or in connection with any specified work or any such failure, act or omission as aforesaid; and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under his supervision shall not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this paragraph.
(2) NRI shall give the undertaker reasonable notice of any such claim or demand as aforesaid and no settlement or compromise of such a claim or demand shall be made without the prior consent of the undertaker.
(3) The sums payable by the undertaker under sub-paragraph (1) shall include a sum equivalent to the relevant costs.
(4) Subject to the terms of any agreement between NRI and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, NRI shall promptly pay to each train operator the amount of any sums which NRI receives under sub-paragraph (3) which relates to the relevant costs of that train operator.
(5) The obligation under sub-paragraph (3) to pay NRI the relevant costs shall, in the event of default, be enforceable directly by the train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).
(6) In this paragraph—
74.
In the assessment of any sums payable under this Part of this Schedule there shall not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this part of this Schedule or increasing the sums so payable.
75.
The undertaker and NRI may enter into, and carry into effect, agreements for the transfer to the undertaker of—
and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; but the provisions of paragraphs 78 to 86 do not apply to apparatus in respect of which the relations between the undertaker and the companies are regulated by the provisions of Part III of the 1991 Act;
(2) The provisions of Schedule 11 to this Order shall not apply in relation to apparatus to which this Part of this Schedule applies.
(3) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the company in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator shall make such provision for the payment of compensation by the undertaker to that company as appears to him to be reasonable having regard to all the circumstances of the particular case.
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the company in question by virtue of sub-paragraph (1), shall be reduced by the amount of that excess.
(4) For the purposes of sub-paragraph (3)—
84.
—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works as are referred to in paragraph 79(2) any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a company or there is any interruption in any service provided or in the supply or conveyance of any goods by the company, the undertaker shall—
by reason or in consequence of any such damage or interruption or exercise by the undertaker of its powers pursuant to this Order.
(2) Nothing in sub-paragraph (1) shall impose any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a company, its officers, servants, contractors or agents.
(3) A company shall give the undertaker reasonable notice of any such claim or demand and no settlement or compromise shall be made without the consent of the undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
and includes any structure in which apparatus is or is to be lodged or which gives or will give access to such apparatus;
95.
—(1) Without prejudice to the other provisions of this Part of this Schedule, before commencing the construction or renewal of any specified work, and in the case of any specified work of a temporary nature its removal, the undertaker shall submit to the company plans as described in sub-paragraph (2) ("the plans") and shall not commence that work until the company has signified in writing its approval of those plans.
(2) The plans to be submitted to the company shall be detailed plans, drawings, sections and specifications describing the position and manner in which, and the level at which, any specified work is proposed to be constructed and the position of all apparatus within 15 metres of that work (or 200 metres where explosives are to be used) or upon which the specified work will impose a load and shall include detailed drawings of any works for alteration or replacement or protection of such apparatus which the undertaker may propose.
(3) For the purpose of the preparation of the plans and subject to such reasonable requirements as it may specify, the company shall promptly upon the undertaker's reasonable request permit the undertaker to have access to plans in its possession and to any of its apparatus.
(4) Any approval of the company required under this paragraph—
(5) Prior to their approval under sub-paragraph (1), the company may require such modifications to be made to the plans as may be reasonably necessary for the alteration or replacement of apparatus, to secure apparatus and the remainder of its undertaking as a sewerage undertaker and water undertaker against interference or risk of damage and to provide and secure reasonably proper and convenient means of access to apparatus and its sewage treatment works.
96.
—(1) The specified works shall be constructed and in the case of any temporary work removed in accordance with plans approved, or deemed to be approved, or settled by arbitration, as the same may be amended from time to time by agreement between the undertaker and the company, and in the construction and removal of the specified works, the undertaker shall comply with all reasonable requirements of the company (which shall be given as soon as reasonably practicable) and shall provide new, altered or substituted apparatus or works for the protection of apparatus and the remainder of its undertaking as a sewerage undertaker and water undertaker, in such manner as the company may reasonably require, by way of replacement provision for or for the proper protection of, and for preventing injury or impediment to, any such apparatus and the remainder of its undertaking by reason of the specified works.
(2) All works under sub-paragraph (1), for the provision of new, altered or substituted apparatus or the protection of any apparatus shall, where so required by the company, be constructed by the company or under the supervision, if given, of an officer of the company duly appointed for the purpose and to the company's reasonable satisfaction, and all costs, charges and expenses reasonably incurred by the company in the construction of such works, or in the preparation or examination of plans or designs of such works, or in such supervision, shall be paid to the company by the undertaker.
(3) Where works are constructed under sub-paragraph (1) by the company, they shall be constructed with all reasonable despatch and also to the reasonable satisfaction of the undertaker.
(4) When works for the provision of any such new, altered or substituted apparatus, or any such protective work forming part of any such new, altered or substituted apparatus or any existing apparatus, have been completed under this Part of this Schedule to the reasonable satisfaction of the company, they shall be vested in the company forthwith but shall be maintainable by the undertaker until a period of 12 months has elapsed and the company or an engineer appointed by the company acting reasonably has issued a certificate of final inspection of the new, altered or substituted apparatus.
97.
—(1) Subject to the following provisions of this Part of this Schedule, the undertaker shall be liable to make good, or, if the company so decides, to repay to the company any reasonable expense reasonably incurred by the company in making good, all injury or damage to any apparatus (except in so far as such apparatus is intended for alteration or removal for the purposes of the specified work) caused by or resulting from the construction of any specified work or any investigation undertaken in relation to any specified works and the provision of any new, altered or substituted apparatus or any protective work under this Part of this Schedule and shall pay to the company any reasonable additional expense to which it may be put in the maintenance, management or renewal or any new, altered or substituted apparatus which may be necessary in consequence of the construction of any specified work save to the extent that sub-paragraph (6) applies provided that the undertaker may at its request pay a capitalised sum to the company in settlement of any such claim by the company representing the reasonable additional expense to which the company reasonably expects to be put.
(2) The company shall, in respect of the capitalised sums referred to in sub-paragraph (1) provide such details of the formula by which those sums should be calculated as the undertaker may reasonably require.
(3) The undertaker shall indemnify the company against all actions, claims, demands, costs, expenses, damages or loss which may be made on or against the company which the company may incur or have to pay or which it may sustain in consequence of the construction of a specified work or of the failure or want of repair of a specified work or any subsidence caused by any specified work or in consequence of any act or omission of the undertaker, their contractors, agents, workmen or servants, whilst engaged upon the specified work and any new, altered or substituted apparatus or any protective work.
(4) The company shall give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the agreement in writing of the undertaker which, if it withholds any such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
(5) Nothing in sub-paragraph (1) or (3) shall impose any liability on the undertaker in respect of any damage to the extent that it is attributable to the act, neglect or default of the company, its officers, servants, or, if not the undertaker, its contractors or agents.
(6) If pursuant to the provisions of this Part of this Schedule—
and the placing of apparatus of that type or capacity or of those dimensions, or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration to be necessary having regard, among other things, to the nature of the authorised works, then, if it involves cost in the construction of works under paragraph 92 exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the company by virtue of sub-paragraph (1) shall be reduced by the amount of that excess.
(7) For the purposes of sub-paragraph (6), an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus.
(8) An amount which apart from this sub-paragraph would be payable to the company in respect of works by virtue of this paragraph shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the company any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part in the ordinary course, be reduced by the amount which represents that benefit.
(9) In any case where work is carried out by the undertaker pursuant to paragraph 92 and, if such work had been carried out by the company, the repayment made to the company under this paragraph would fall to be reduced pursuant to sub-paragraphs (4) to (6), the company shall pay to the undertaker such sum as represents the amount of that reduction.
98.
—(1) An officer of the company duly appointed for the purpose may, at any reasonable time and, if required by the undertaker, under their supervision and control, enter upon and inspect any specified work or any other works constructed under this Part of this Schedule but may not give instructions to any person engaged in or about the specified works except the undertaker or such person as it may from time to time nominate.
(2) The approval by the company of any plans, drawings, sections or specifications or the supervision by it of any work under this Part of this Schedule shall not (if it was done without negligence on the part of the company, its officers, servants, or, if not the undertaker, its contractors or agents) exonerate the undertaker from any liability or affect any claim for damages by the undertaker.
99.
As soon as reasonably practicable after the completion of the construction of the specified works, the undertaker shall deliver to the company a plan and section showing the position and level of those works as constructed and all new, altered or substituted works provided under this Part of this Schedule.
shall be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant.
(5) The provisions of the 1990 Act mentioned in sub-paragraph (1), as applied by that sub-paragraph, shall not have effect in relation to apparatus as respects which paragraph 2 or Part III of the 1991 Act applies.
(6) In this paragraph—
(3) Subject to the following provisions of this paragraph, the undertaker shall pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with—
(4) If in the course of the execution of relocation works under sub-paragraph (2)—
(5) For the purposes of sub-paragraph (4)—
(6) An amount which apart from this sub-paragraph would be payable to a statutory utility in respect of works by virtue of sub-paragraph (3) (and having regard, where relevant, to sub-paragraph (4)) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.
(7) Sub-paragraphs (3) to (6) shall not apply where the authorised works would, if carried out by a highway authority, constitute major highway works required for the purposes of Part III of the 1991 Act, but instead—
(8) In this paragraph—
except with the consent of the undertakers or authority or, as the case may be, of the person to whom the level crossing belongs.
(2) Sub-paragraph (1) shall not apply to the carrying out under this Order of emergency works, within the meaning of Part III of the 1991 Act.
(3) A consent given for the purposes 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 or delayed.
(4) 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.
Chapter | Short Title | Extent of repeal |
1946 c. xl. | Tyne Tunnel Act 1946 | Sections 46, 48 |
1976 c.xxxvi. | Tyne and Wear Act 1976 | Sections 12, 14, 19, 21, 22, 24, 25 and 27 |
3.
—(1) Whenever the undertaker proposes to revise the amount of tolls that may be levied in respect of any vehicle or class of vehicles pursuant to paragraph 2 the undertaker shall publish in at least one local newspaper circulating in the area in which the tunnel crossing is situated, a notice substantially in the form set out in Part 2 of this Schedule.
(2) The undertaker may charge the tolls set out in a notice given under sub-paragraph (1) from the effective date.
(2) The undertaker shall publish in at least one local newspaper circulating in the area in which the tunnel is situated, a notice substantially in the form set out in Part 2 of this Schedule stating the level of tolls and any classification of vehicles or classes of vehicles determined in accordance with sub-paragraph (1).
(3) The undertaker may charge the tolls set out in a notice given under sub-paragraph (2) in respect of the vehicles or classes of vehicles set out in that notice from the concession toll date.
5.
The undertaker may exercise its powers under paragraph 4(1) on one occasion only.
6.
—(1) The tolls chargeable in respect of any vehicle or class of vehicles following the concession toll date shall remain at the levels determined by the undertaker pursuant to paragraph 4 unless revised in accordance with paragraph 7 or 9 or section 13 of the 1976 Act as amended by this Order.
(2) The classification of vehicles or classes of vehicles in respect of which tolls may be charged shall remain as determined by the undertaker pursuant to paragraph 4 unless revised in accordance with section 13 of the 1976 Act as amended by this Order.
7.
—(1) Subject to sub-paragraph (2), the amount of tolls to be charged in respect of any vehicle or class of vehicles following the concession toll date may if the undertaker so determines be revised to an amount arrived at by increasing the amount chargeable in the case of that vehicle or class of vehicles at that time by the same percentage as the percentage increase referred to in paragraph 8.
(2) Where a toll level is to be revised in accordance with sub-paragraph (1) the amount which shall be revised is the toll level which would have been chargeable following the last revision of such toll level but for the operation of paragraph 18.
(3) Following the revision of the toll level pursuant to sub-paragraph (1) the amount shall be further revised in accordance with paragraph 18.
8.
The percentage increase referred to in paragraph 7 shall be the percentage increase between—
9.
Where a revision of the level of tolls pursuant to paragraph 7 would be insufficient for the purposes set out in this paragraph the amount of tolls chargeable in respect of any vehicle or class of vehicles may if the undertaker so determines be increased to an amount required—
10.
The amount of tolls to be charged in respect of any vehicle or class of vehicles may not be revised pursuant to paragraph 7 or 9 more than once in any period of 12 months.
11.
The provisions of paragraphs 13 to 15 shall apply to any such revision as is referred to in paragraph 9.
12.
—(1) Whenever the undertaker proposes to make a determination that the amount of tolls to be charged in respect of any vehicle or class of vehicles pursuant to paragraph 7 or 9 should be revised the undertaker shall publish in at least one local newspaper circulating in the area in which the tunnel is situated, a notice substantially in the form set out in Part 2 of this Schedule.
(2) Where paragraph 7 applies to any revision of tolls or paragraph 9 applies and no objections are received in the manner prescribed in paragraph 13, the undertaker may charge the tolls set out in a notice given under sub-paragraph (1) from the effective date.
(2) The undertaker may charge the tolls determined pursuant to sub-paragraph (1) from the effective date.
the Secretary of State may, if he thinks fit, make an order increasing all or any of the tolls by more than the increase authorised by that article or revising any such classification of traffic.
(2) Where in accordance with paragraphs 2, 4, 7, 9 or 15 of Schedule 14 to the River Tyne (Tunnels) Order 2005 the county council determines that the level of tolls fixed by virtue of this Act or that Order should be revised, the county council shall submit to the Secretary of State—
and the Secretary of State shall, before the expiration of 21 days from the receipt by him of such submissions which he considers to be satisfactory, and where he is also satisfied that the requirements imposed upon the county council by Schedule 14 to the River Tyne (Tunnels) Order 2005 have been complied with by the county council, make an order revising the tolls in accordance with the powers given to him by that schedule.
(3)
(4) In the exercise of the powers conferred upon him by subsection (1), the Secretary of State shall have regard to—
(5) In the event of a representation being made to the Secretary of State under subsection (1) the county council shall furnish the Secretary of State with such information and particulars as the Secretary of State may require and shall publish in The London Gazette and in at least one local newspaper circulating in the area in which the tunnel crossing is situated, a notice stating—
(6) The power of the Secretary of State to hold a public inquiry under section 63(1) shall not apply in respect of orders to be made by the Secretary of State under subsection (2).
(7) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument.".
19.
—(1) Subject to sub-paragraph (2), the references in this schedule to the retail prices index means the monthly United Kingdom index of Retail Prices (for all items) published by the Office of National Statistics.
(2) If that index is not published for any month these references shall be references to any substituted index or index figures published by that office for that month.
(a) vehicle or class or vehicles | (b) toll |
[29] 1994 c. 42, as amended by the Fire and Rescue Services Act 2004.back
[34] OJL 187, 20.7.1999, p 42.back
[40] 1984 c. 12. Schedule 2 was amended by the New Roads and Street Works Act 1991, Schedule 8, paragraphs 113 to 117 and the Communications Act 2003.back
[45] 1986 c. 44. as amended by the Utilities Act 2000 (c. 27), section 76.back