Channel Tunnel Rail Link Act 1996 (c. 61)

(The document as of February, 2008)

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(b) provide a new means of access to any such premises.

(2) No means of access shall be stopped up under this paragraph unless the Secretary of State is satisfied--

(a) that no access to the premises is reasonably required, or

(b) that another reasonably convenient means of access to the premises is available or will be provided under this paragraph or otherwise.

(3) In determining for the purposes of sub-paragraph (2) above whether a means of access to any premises from a highway is or will be reasonably convenient, the Secretary of State shall have regard--

(a) to the need, if any, for a means of access from the highway to different places on those premises, and

(b) to any roads, paths or other ways on those or other premises which are or will be capable of providing such a means.

(4) The provision under this paragraph of a new means of access to any premises from a highway includes the provision of a road, path or other way on those or any other premises.

Temporary interference with highways

5 (1) The Secretary of State may, for the purpose of constructing the A2 and M2 improvement works, temporarily stop up, open, break up or interfere with, or alter or divert, the whole or any part of any highway within the limits of deviation for the works authorised by this Part of this Act or the limits of land to be acquired or used, and may carry out and do all necessary works and things for, or in connection with, the stopping up, opening, breaking up, interference, alteration or diversion and for keeping the highway open for traffic.

(2) The Secretary of State shall provide reasonable access for all persons, with or without vehicles, going to or returning from premises abutting on any highway affected by the exercise of the powers conferred by this paragraph.

Part III Miscellaneous

Status of new highways

6 (1) On the date on which this Act is passed the highways comprised in Works Nos. 33B, 36A, 36B, 36C, 36D, 37B, 39A, 39B, 39C, 39D and 42B shall become trunk roads and special roads for the exclusive use of traffic of Classes I and II of the classes of traffic specified in Schedule 4 to the [1980 c. 66.] Highways Act 1980.

(2) The highways which become special roads by virtue of sub-paragraph (1) above shall be treated as provided by the Secretary of State under a scheme made by him under section 16 of the Highways Act 1980--

(a) prescribing the route of those highways as the route of the special roads authorised by the scheme,

(b) prescribing the classes of traffic mentioned in that sub-paragraph, and

(c) specifying the date on which this Act is passed as the date on which those special roads were to become trunk roads.

7 On the date on which this Act is passed--

(a) the highways comprised in Works Nos. 32A and 35A, and

(b) the highway comprised in Work No. 32B from the intersection of that work with Work No. 32C to its termination,

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.

8 (1) On the date certified by the Secretary of State as the date on which any highway constructed in pursuance of this Schedule, other than one to which paragraph 6 or 7 above applies, is open for public use, that highway shall be transferred to the Kent County Council and, following that transfer, shall be treated for the purposes of the Highways Act 1980 as if it had been so transferred by means of an order made under section 14(1)(b) or, as the case may be, 18(1)(d) of that Act.

(2) The Secretary of State may classify any highway proposed to be constructed in pursuance of this Schedule, other than one to which paragraph 6 or 7 above applies, in any manner in which, and for any purposes for which, he could classify that highway under section 12(3) of that Act.

(3) On the date of its transfer under sub-paragraph (1) above to the Kent County Council any highway classified under sub-paragraph (2) above shall become a highway classified in the manner and for the purposes in question as if so classified under section 12(3) of that Act.

Status of operations and works

9 The construction by the Secretary of State of a highway in pursuance of this Part of this Act shall be treated as the construction of a highway authorised by, and in pursuance of--

(a) a scheme under section 16 of the Highways Act 1980, in the case of the highways to which paragraph 6 above applies,

(b) section 24(1) of that Act, in the case of the highways to which paragraph 7 above applies, and

(c) an order under section 14 of that Act made in relation to the highways to which paragraph 7 above applies, in any other case.

10 (1) The following operations and works, namely--

(a) the carrying out of any of the A2 and M2 improvement works which is not the construction of a highway,

(b) the stopping up of any highway in pursuance of Part II of this Schedule, and

(c) the stopping up of means of access to premises and the provision of new means of access in pursuance of Part II of this Schedule,

shall be treated as authorised by an order made by the Secretary of State under section 18 of the Highways Act 1980 in relation to the roads which become special roads by virtue of paragraph 6 above, and, in the case of operations and works falling within paragraph (c) above, as so authorised by virtue of section 125 of that Act.

(2) Subject to section 21 of that Act as it applies by virtue of sub-paragraph (1) above, the stopping up of any highway in pursuance of Part II of this Schedule shall not affect any rights--

(a) of statutory undertakers in respect of any apparatus of theirs which immediately before the date on which this Act is passed is under, in, on, over, along or across that highway; or

(b) of any sewerage undertakers in respect of any sewers or sewage disposal works of theirs which immediately before that date are under, in, on, over, along or across that highway.

Treatment of provisions of this Schedule for Highways Act purposes

11 (1) Where, by virtue of any of the provisions of this Part of this Schedule, any operation or work is to be treated as authorised by an order under section 14 or 18 of the Highways Act 1980, any provision of Parts I and II of this Schedule relating to that operation or work shall be treated for the purposes of that Act as a provision of such an order.

(2) The provisions of paragraph 6 above relating to highways which are to be treated by virtue of that paragraph as provided under a scheme made under section 16 of the [1980 c. 66.] Highways Act 1980 shall be treated for the purposes of that Act as provisions of such a scheme.

Regulation of traffic on new roads

12 (1) Subject to sub-paragraph (2) below, any power under the [1984 c. 27.] Road Traffic Regulation Act 1984 to make an order or to give a direction with respect to any road shall be exercisable in relation to any road forming or forming part of any of the A2 and M2 improvement works 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 on the road's becoming open for public use.

(2) The procedure otherwise applicable under that 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 those 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.

Section 45.

SCHEDULE 13 A2 and M2 Improvement Works: Purposes for which Certain Land may be Acquired or Used

(1)	(2)	(3)
Area	Number of land shown on deposited plans	Purpose for which land may be acquired or used
COUNTY OF KENT Borough of Gravesham, Parish of Cobham 34 The provision of landscaping and planting. 40 The provision of a balancing pond, landscaping and planting and pumping station. 42 (part) The provision of a balancing pond, landscaping and planting and permanent access for maintenance purposes. 42 (part) The provision of a working site. City of Rochester Upon Medway, Parish of Cuxton 11 to 18, 21, 22, 27 and 29 The provision of a working site, landscaping, planting and access for construction purposes. City of Rochester Upon Medway, Town of Rochester 14 The provision of a working site, landscaping and planting. 65 The provision of a working site, landscaping and planting. 94 to 98 The provision of landscaping and planting. Borough of Tonbridge and Malling, Parish of Aylesford 4 The provision of landscaping and planting. 10 to 13 The provision of landscaping and planting. 23 to 28 The provision of landscaping and permanent access to adjacent houses fronting Maidstone Road. 198 (part), 216, 217, 218, 243, 247, 248 and 249 The provision of a new footbridge, landscaping and planting. 220 to 225 The provision of landscaping and planting. 198 (part) The provision of a working site, access for maintenance purposes, landscaping and planting. 256 The provision of landscaping and planting. Borough of Maidstone, Parish of Boxley 2 The provision of landscaping and planting. 22 The provision of landscaping and planting. 26, 29 and 30 The provision of landscaping and planting. 32 The provision of landscaping and planting. 34 The provision of landscaping and planting. Borough of Maidstone, Parish of Bredhurst 12 and 15 The provision of landscaping and planting. 16 The provision of landscaping and planting. Borough of Gillingham, Town of Gillingham 1, 6, 7, 8 and 9 The provision of landscaping and planting. 5 The provision of a working site.

Section 50.

SCHEDULE 14 Overhead lines: consent

Scope of Schedule

1 This Schedule applies to any electric line to which section 37(1) of the [1989 c. 29.] Electricity Act 1989 would apply, but for section 50(1) above.

Consent requirement

2 (1) An electric line to which this Schedule applies shall not be installed or kept installed above ground except in accordance with a consent granted by the appropriate Ministers.

(2) Any person who without reasonable excuse contravenes the provisions of sub-paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) No proceedings shall be instituted in respect of an offence under this paragraph except by or on behalf of the Secretary of State.

Applications for consent

3 (1) An application for consent under this Schedule shall be in writing and shall state--

(a) the length of the electric line to which it relates,

(b) the nominal voltage of that line, and

(c) whether the application to any extent relates to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act.

(2) An application for consent under this Schedule shall be accompanied by a map showing--

(a) the land across which the electric line to which it relates is to be installed or kept installed, including details of the route of that line,

(b) the limits of deviation for the scheduled works and the limits of land to be acquired or used, so far as relevant to the application, and

(c) if the application to any extent relates to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act, the extent to which it so relates.

4 An application for consent under this Schedule shall be supplemented, if the appropriate Ministers so direct in writing, by such additional information as may be specified in the direction.

Publicity

5 (1) A person applying for consent under this Schedule shall publish notice of the application in two successive weeks in one or more local newspapers circulating in the area in which the land to which the application relates is situated (or in areas which together include that area).

(2) A notice under sub-paragraph (1) above shall--

(a) describe the route of the electric line to which the application relates,

(b) specify a place in the locality where a copy of the application may be inspected,

(c) state a time (not being less than 14 days from the date of publication) within which, and the manner in which, objections to the application may be made to the appropriate Ministers, and

(d) if it relates to an application by the nominated undertaker, explain the effect of paragraph 8(2)(b) below.

(3) Sub-paragraph (1) above shall not apply to an application for consent under this Schedule which relates only to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act.

(4) If an application for consent under this Schedule relates partly to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act, so much of the application as relates to exercise of that power shall be disregarded for the purposes of sub-paragraphs (1) and (2) above.

(5) If an application for consent under this Schedule is one in relation to which the applicant is subject to a duty under sub-paragraph (1) above, the appropriate Ministers shall not make any decision about the application until they are satisfied--

(a) that the applicant has performed his duty under that provision, and

(b) that the time allowed by the notice under that provision for making objections to the application has expired.

Consultation

6 (1) Within 14 days of receiving an application for consent under this Schedule, the appropriate Ministers shall invite the relevant planning authority to make representations and shall not make any decision about the application until--

(a) they have received representations from the authority about it,

(b) they have been informed by the authority that it does not wish to make any representations about it, or

(c) 28 days have elapsed since the date of the invitation.

(2) An invitation under sub-paragraph (1) above shall specify the time limit for making representations.

(3) For the purposes of this paragraph, the relevant planning authority is--

(a) in the case of a line in Greater London, the local planning authority, and

(b) in the case of a line in Essex or Kent, the district planning authority.

7 (1) If the appropriate Ministers consider that an application for consent under this Schedule relates to matters which may affect--

(a) nature conservation,

(b) the conservation of the natural beauty or amenity of the countryside, or

(c) a site of archaeological or historic interest,

they shall, within 14 days of receiving the application, also invite the appropriate body or bodies to make representations.

(2) Where under sub-paragraph (1) above the appropriate Ministers have invited a body to make representations about an application for consent under this Schedule, they shall not make any decision about the application until--

(a) they have received representations from the body about the request,

(b) they have been informed by the body that it does not wish to make any representations about the request, or

(c) 14 days have elapsed since the date of the invitation.

(3) An invitation under sub-paragraph (1) above shall specify the time limit for making representations.

(4) For the purposes of this paragraph, the following are appropriate bodies in relation to the following matters--

Matter	Body
Nature conservation.	The Nature Conservancy Council for England.
Conservation of the natural beauty or amenity of the countryside.	The Countryside Commission.
Sites of archaeological or historic interest.	The Historic Buildings and Monuments Commission for England.

Grant of consent

8 (1) This paragraph applies to an application for consent under this Schedule by the nominated undertaker.

(2) An application to which this paragraph applies may only be refused--

(a) to the extent that it relates to exercise of the power conferred by paragraph 3(1) of Schedule 2 to this Act, on the ground that the electric line ought to, and could reasonably, be installed elsewhere within the limits specified, in relation to the diversion concerned, in the third column of the table in paragraph 3(1) of Schedule 2 to this Act, and

(b) to the extent that it does not relate to exercise of that power, on the ground that the electric line ought to, and could reasonably, be installed elsewhere within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

9 A consent under this Schedule may include such conditions (including conditions as to the ownership and operation of the electric line to which it relates) as appear to the appropriate Ministers to be appropriate.

Variation and revocation of consent

10 (1) A consent under this Schedule may be varied or revoked by the Secretary of State at any time after the end of such period as may be specified in the consent.

(2) The period which may be specified under sub-paragraph (1) above shall not be less than 10 years from the date of installation of the electric line to which the consent relates.

Duration of consent

11 Subject to paragraph 10 above, a consent under this Schedule shall continue in force for such period as may be specified in or determined by or under the consent.

Anticipatory applications

12 (1) This paragraph applies where--

(a) an application to the appropriate Ministers has been made in anticipation of the coming into force of this Schedule,

(b) the application was made on or after 31st October 1996, and

(c) the person by, or on whose behalf, the application was made--

(i) is specified under section 34(1) above for purposes consisting of or including the construction of any works,

(ii) is a member of the same group as a person who is so specified, or

(iii) is the holder of a licence under section 6 of the [1989 c. 29.] Electricity Act 1989.

(2) In that case--

(a) the application,

(b) any notice of the application published by the applicant,

(c) any objections to the application made in response to any such notice,

(d) any invitation by the appropriate Ministers to make representations about the application, and

(e) any representations about the application, or statement about the wish to make representations about it, made in response to any such invitation,

shall have effect as if this Schedule had been in force at all material times.

(3) In sub-paragraph (1)(c)(ii) above, "group" means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the [1985 c. 6.] Companies Act 1985.

Interpretation

13 In this Schedule, references to the appropriate Ministers are to the Secretary of State for Trade and Industry and the Secretary of State for Transport acting jointly.

Section 52.

SCHEDULE 15 Protective Provisions

Part I Protection for Highways and Traffic

1 (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the highway authority concerned, have effect for the protection of the highway authorities referred to in this Part.

(2) In this Part of this Schedule--

• "highway" means a highway for which the local highway authority is the highway authority;

• "plans" includes sections and specifications; and

• "property of the highway authority" means any apparatus of the highway authority affixed to or placed under any highway.

(3) Part III of the [1991 c. 22.] New Roads and Street Works Act 1991 shall not apply in relation to any matter which is regulated by this Part of this Schedule.

2 Wherever in this Part of this Schedule provision is made with respect to the approval or consent of the highway authority, that approval or consent shall be in writing and subject to such reasonable terms and conditions as the highway authority may require, but shall not be unreasonably withheld.

3 (1) The nominated undertaker shall not exercise the powers conferred by paragraph 6(1) of Schedule 3 to this Act without the consent of the highway authority.

(2) In its application to this paragraph, paragraph 2 above shall have effect with the addition after "require" of "in the interest of public safety or convenience".

(3) If within 28 days after a request for consent has been submitted the highway authority has not given or refused such consent, it shall be deemed to have consented to the request as submitted.

(4) Where consent under this paragraph is given subject to a term or condition the performance of which is, or becomes, inconsistent with the performance by the nominated undertaker of any of the conditions to which the deemed planning permission is subject, the term or condition to which the consent under this paragraph is subject shall not have effect or, as the case may be, shall cease to have effect.

(5) In sub-paragraph (4) above, the reference to the deemed planning permission is to the planning permission deemed by section 9 above to be granted.

4 Before carrying out any work for the construction or maintenance of any part of the works authorised by Part I of this Act which will involve interference with a highway, or the traffic in any highway, or before temporarily stopping up any highway, the nominated undertaker shall consult the highway authority--

(a) as to the time when the work shall be commenced, and as to the extent of the surface of the highway which it may be reasonably necessary for the nominated undertaker to occupy, or the nature of the interference which may be caused to traffic in the carrying out of the work, or as to the time during which, and the extent to which, the highway shall be stopped up (as the case may be), and

(b) as to the conditions under which the work shall be carried out or the highway shall be stopped up (as the case may be),

so as to reduce so far as reasonably practicable inconvenience to the public and to ensure the safety of the public.

5 The nominated undertaker shall not, without the consent of the highway authority, construct any part of the works authorised by Part I of this Act under and within 8 metres of the surface of any highway which comprises a carriageway except in accordance with plans submitted to, and approved by, the highway authority and if within 28 days after such plans have been submitted the highway authority has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.

6 In the construction of any part of the said works under a highway no part thereof shall, except with the consent of the highway authority, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than two metres to the surface of the highway.

7 (1) The provisions of this paragraph have effect in relation to, and to the construction of, any new bridge, or any extension or alteration of an existing bridge, carrying any part of the works authorised by Part I of this Act over a highway or carrying a highway over any part of those works; and any such new bridge, or (as the case may be) any bridge so extended or altered, is in this paragraph referred to as "the bridge".

(2) Before commencing the construction of, or the carrying out of any work in connection with, the bridge which involves interference with a highway, the nominated undertaker shall submit to the highway authority for its approval plans, drawings and particulars (in this paragraph referred to as "plans") relating thereto, and the bridge shall not be constructed and the works shall not be carried out except in accordance with the plans submitted to, and approved by, the highway authority.

(3) If within 28 days after the plans have been submitted the highway authority has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.

(4) If the bridge carries any part of the works authorised by Part I of this Act over any highway--

(a) it shall be constructed in such manner as to prevent so far as may be reasonably practicable the dripping of water from the bridge, and

(b) the highway authority may, at the cost of the nominated undertaker, provide and place such lamps and apparatus as may from time to time be reasonably necessary for efficiently lighting any highway under or in the vicinity of the bridge.

8 The nominated undertaker shall secure that so much of the works authorised by Part I of this Act as is constructed under any highway shall be so designed, constructed and maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and the nominated undertaker shall indemnify the highway authority against, and make good to the highway authority, the expenses which the highway authority may reasonably incur in the maintenance or repair of any highway, or any tunnels, sewers, drains or apparatus therein, by reason of non-compliance with the provisions of this paragraph.

9 Any officer of the highway authority duly appointed for the purpose may at all reasonable times, on giving to the nominated undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by Part I of this Act which--

(a) is in, over or under any highway, or

(b) which may affect any highway or any property of the highway authority,

during the carrying out of the work, and the nominated undertaker shall give to such officer all reasonable facilities for such inspection and, if he shall be of opinion that the construction of the work is attended with danger to any highway or to any property of the highway authority on or under any highway, the nominated undertaker shall adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway.

10 (1) The nominated undertaker shall not alter, disturb or in any way interfere with any property of the highway authority on or under any highway, or the access thereto, without the consent of the highway authority, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary shall be made by the highway authority or the nominated undertaker as the highway authority thinks fit, and the expense reasonably incurred by the highway authority in so doing shall be repaid to the highway authority by the nominated undertaker.

(2) If within 28 days after a request for consent has been submitted the highway authority has not given or refused such consent, it shall be deemed to have consented to the request as submitted.

11 The nominated undertaker shall not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by Part I of this Act.

12 (1) If the highway authority, after giving to the nominated undertaker not less than 28 days' notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in the signposting of traffic diversions or the taking of other measures in relation thereto, or in the repair of any highway by reason of the diversion thereto of traffic from a road of a higher standard, in consequence of the construction of the works authorised by Part I of this Act, the nominated undertaker shall repay to the highway authority the amount of any such expense reasonably so incurred.

(2) An amount which apart from this sub-paragraph would be payable to the highway authority by virtue of this paragraph in respect of the repair of any highway shall, if the highway fell or would have fallen due for repair as part of the maintenance programme of the highway authority at any time within ten years of the repair being carried out by the nominated undertaker, so as to confer on the highway authority financial benefit (whether by securing the completion of overdue maintenance work for which the highway authority is liable or by deferment of the time for such work in the ordinary course), be reduced by the amount which represents that benefit.

13 (1) The nominated undertaker shall not, except with the consent of the highway authority, deposit any soil or materials, or stand any plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person, or, except with the like consent, deposit any soil or materials on any highway outside a hoarding, but if within 28 days after request therefor any such consent is neither given nor refused it shall be deemed to have been given.

(2) The expense reasonably incurred by the highway authority in removing any soil or materials deposited on any highway in contravention of this paragraph shall be repaid to the highway authority by the nominated undertaker.

14 The nominated undertaker shall, if reasonably so required by the highway authority, provide and maintain to the reasonable satisfaction of the highway authority, during such time as the nominated undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by Part I of this Act, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway.

15 (1) Where any part of any highway has been broken up or disturbed by the nominated undertaker and not permanently stopped up or diverted the nominated undertaker shall make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the highway authority, and shall maintain the same to the reasonable satisfaction of the highway authority for such time as may reasonably be required for the permanent reinstatement of the highway.

(2) The reinstatement of that part of the highway shall be carried out by the nominated undertaker to the reasonable satisfaction of the highway authority in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the [1991 c. 22.] New Roads and Street Works Act 1991.

16 If any damage to any highway or any property of the highway authority on or under any highway is caused by, or results from, the construction of any work authorised by Part I of this Act or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon such work, the nominated undertaker may, in the case of damage to a highway, make good such damage to the reasonable satisfaction of the highway authority and, where the nominated undertaker does not make good, or in the case of damage to property of the highway authority, the nominated undertaker shall make compensation to the highway authority.

17 The fact that any act or thing may have been done in accordance with plans approved by the highway authority shall not (if it was not attributable to the act, neglect or default of the highway authority or of any person in its employ or its contractors or agents) exonerate the nominated undertaker from any liability, or affect any claim for damages, under this Part of this Schedule or otherwise.

18 Any dispute arising between the nominated undertaker and the highway authority under this Part of this Schedule shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

Part II Protection for Electricity, Gas, Water and Sewerage Undertakers

1 (1) The following provisions of this Part of this Schedule shall, unless otherwise agreed in writing between the nominated undertaker and the undertakers concerned, have effect.

(2) In this Part of this Schedule--

• "alternative apparatus" means alternative apparatus adequate to enable the undertakers to fulfil their functions as effectively as is achievable using the apparatus which the alternative apparatus is to replace;

• "apparatus" means--

(a) in the case of electricity undertakers, electric lines or electrical plant (as defined in the [1989 c. 29.] Electricity Act 1989) belonging to, or maintained by, such undertakers;

(b) in the case of gas undertakers, mains, pipes or other apparatus belonging to, or maintained by, a public gas transporter for the purposes of gas supply;

(c) in the case of water undertakers, mains, pipes or other apparatus belonging to, or maintained by, such undertakers for the purposes of water supply; and

(d) in the case of sewerage undertakers, any sewer, drain or works vested in a sewerage undertaker under the [1991 c. 56.] Water Industry Act 1991 and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works;

(not being, except in paragraph 17 below, apparatus in respect of which the relations between the nominated undertaker and the undertakers are regulated by the provisions of Part III of the New Roads and Street Works Act 1991) and includes any structure for the lodging therein of apparatus or for giving access to apparatus;

• "construction" includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;

• "functions" includes powers and duties;

• "in" in a context referring to apparatus in land includes under, over, across, along or upon land;

• "plans" includes sections and method statements;

• "service obligations" means any service obligation imposed on the undertakers by or under the enactments authorising them to carry on their respective undertakings; and

• "undertakers" means any of the following, namely, a licence holder within the meaning of Part I of the Electricity Act 1989, a public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986, a water undertaker within the meaning of the [1991 c. 56.] Water Industry Act 1991, a sewerage undertaker within Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act; and, in relation to any apparatus, means the undertakers to whom it belongs or by whom it is maintained.

2 (1) The following provisions of this paragraph have effect in any case where the Secretary of State or the nominated undertaker, in exercise of the powers of Part I of this Act, acquires any interest in or temporarily occupies any land in which apparatus is placed.

(2) Unless a certificate is issued by the appropriate Ministers under sub-paragraph (3) below the apparatus shall not be removed under this Part of this Schedule, and any right of the undertakers to maintain, repair, renew, adjust, alter or inspect the apparatus in that land shall not be extinguished--

(a) in the case of a right to adjust or alter apparatus, until 28 days after the nominated undertaker has given the undertakers in whom the right is vested a preliminary notice under paragraph 4 below in respect of land to which the right relates, or, if earlier, the date on which the nominated undertaker commences any work on that land, and

(b) in any other case, until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertakers.

(3) Where the appropriate Ministers certify in relation to any apparatus that--

(a) failure to remove the apparatus would cause undue delay to the construction of the scheduled works, and

(b) the removal of the apparatus before the provision of alternative apparatus in accordance with this paragraph would not substantially prejudice the ability of the undertakers to meet any relevant service obligations,

that apparatus may be removed (or required by the nominated undertaker to be removed) under this Part of this Schedule before any necessary alternative apparatus has been constructed or is in operation to the reasonable satisfaction of the undertakers.

(4) In this paragraph "appropriate Ministers" means the Secretary of State for Transport acting jointly with either the Secretary of State for the Environment or the Secretary of State for Trade and Industry.

3 (1) Before exercising any right to adjust or alter apparatus pursuant to paragraph 2(2) above the undertakers concerned shall give the nominated undertaker not less than 28 days' written notice of the proposed alteration or adjustment, together with plans and specifications.

(2) Any altered or adjusted apparatus shall be constructed in such line or situation, at such depth and in accordance with such specification as the nominated undertaker may reasonably require for the purpose of securing that (so far as reasonably practicable at the time the requirement is imposed) the apparatus as altered or adjusted will accommodate any work authorised by Part I of this Act.

(3) Such apparatus shall be constructed in such manner, and in accordance with such programme, as is agreed between the undertakers and the nominated undertaker with a view to securing, among other things--

(a) the efficient implementation of the necessary work,

(b) the avoidance of delay or any other adverse effect on the programme for any works to be carried out by the nominated undertaker under Part I of this Act, and

(c) the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the making of the alteration or adjustment.

(4) If under sub-paragraph (2) above the nominated undertaker requires the altered or adjusted apparatus to be constructed in land other than that in which the undertakers have a right to construct it, paragraph 6(2) and (3) below shall apply to the provision of the requisite facilities and rights as if the apparatus were alternative apparatus.

(5) If any requirement made by the nominated undertaker under sub-paragraph (2) above involves cost in the construction of works under this paragraph exceeding that which would have been involved had the apparatus been altered or adjusted as proposed by the undertakers, and in the absence of the undertakers' proposals the nominated undertaker would have required the removal of the apparatus, the nominated undertaker shall repay to the undertakers the amount of the excess.

4 The nominated undertaker shall give the undertakers not less than 28 days' written preliminary notice of the nominated undertaker's intention to give notice under paragraph 6(1)(a) below in respect of apparatus in any land.

5 (1) If the undertakers desire to alter or adjust any apparatus which has not been the subject of a notice under paragraph 6(1)(a) below after the extinguishment of their right to do so, they shall (except in the case of works of repair or renewal required in an emergency) submit to the nominated undertaker plans and specifications of the proposed work and such further particulars as the nominated undertaker may reasonably require.

(2) Any work in respect of which the undertakers are subject to an obligation under sub-paragraph (1) above shall not be constructed except in accordance with such plans as may be approved in writing by the nominated undertaker.

(3) Any approval of the nominated undertaker required under this paragraph--

(a) shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval, and

(b) may be given subject to such requirements as the nominated undertaker may make for the purpose of securing that the work does not interfere with the construction or operation of any work authorised by Part I of this Act or for the protection of any such work.

(4) The requirements which the nominated undertaker may make under sub-paragraph (3) above include requirements as to the construction of protective works and the person by whom the works are to be constructed.

(5) Any work constructed under this paragraph shall be constructed with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the nominated undertaker.

6 (1) This paragraph applies where--

(a) the nominated undertaker for the purpose of constructing any work authorised by Part I of this Act in, on or under any land, requires the removal of any apparatus placed in that land, and gives the undertakers not less than 28 days' written notice of that requirement, together with a plan of the proposed work, and of the proposed position of the alternative apparatus to be provided or constructed, or

(b) in consequence of the exercise of any of the powers of Part I of this Act, the undertakers reasonably require to remove any apparatus.

(2) Subject to sub-paragraph (3) below, the nominated undertaker or the Secretary of State shall afford the undertakers the requisite facilities and rights for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which either of them has sufficient rights or interests and thereafter for the maintenance, repair, renewal and inspection of such apparatus.

(3) Sub-paragraph (4) below applies where facilities and rights required for the construction of apparatus under sub-paragraph (2) above are to be afforded elsewhere than in such other land and neither the nominated undertaker nor the Secretary of State is able to afford such facilities and rights.

(4) The undertakers shall, on receipt of a written notice from the nominated undertaker that this sub-paragraph applies, forthwith use their best endeavours to obtain the necessary facilities and rights; and neither the nominated undertaker nor the Secretary of State shall be under an obligation as to the provision of such facilities and rights in the other land.

(5) The obligation imposed by sub-paragraph (4) above shall not extend to the exercise by the undertakers of any power to acquire by way of compulsory purchase order any land or rights in land, other than any power which may be exercisable by them under paragraph 10 of Schedule 4 to this Act.

7 (1) Any alternative apparatus to be constructed by the undertakers in pursuance of paragraph 6 above in land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which the undertakers have obtained the necessary facilities and rights, shall be constructed in such manner, and in such line or situation and in accordance with such programme, as is agreed between the undertakers and the nominated undertaker with a view to securing, among other things, the efficient implementation of the necessary work, the avoidance of unnecessary delay and the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the removal of the apparatus which the alternative apparatus replaces, or, in default of agreement, determined by arbitration under paragraph 18 below.

(2) If the undertakers fail to comply with an agreement made under sub-paragraph (1) above, or with the decision of an arbitrator under paragraph 18 below, they shall be liable to compensate the nominated undertaker in respect of any loss or damage (other than loss of, or arising from delayed receipt of, operating revenue due to delayed opening of the rail link) directly resulting from the failure.

8 The undertakers shall, after the manner of construction and the line and situation of any necessary alternative apparatus have been agreed or determined as aforesaid, and after the grant to or obtaining by the undertakers of any such facilities and rights as are referred to in paragraph 6 above, proceed with all reasonable despatch to construct and bring into operation the alternative apparatus and to remove any apparatus required by the nominated undertaker to be removed under the provisions of this Part of this Schedule and, in default, the nominated undertaker may remove that apparatus.

9 (1) If the nominated undertaker gives notice in writing to the undertakers that it desires to carry out any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as is or will be situate in any lands held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, such work, instead of being carried out by the undertakers, shall be carried out by the nominated undertaker in accordance with plans and specifications and in a position agreed between the undertakers and the nominated undertaker, or, in default of agreement, determined by arbitration under paragraph 18 below, with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the undertakers.

(2) Nothing in this paragraph shall authorise the nominated undertaker to carry out any connection to or disconnection of any existing apparatus.

10 (1) Where, in accordance with the provisions of this Part of this Schedule, the nominated undertaker or the Secretary of State affords to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection on land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State of alternative apparatus, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the nominated undertaker or, as the case may be, the Secretary of State, and the undertakers or, in default of agreement, determined by arbitration under paragraph 18 below.

(2) In determining such terms and conditions as aforesaid in respect of alternative apparatus to be constructed across or along any works authorised by Part I of this Act the arbitrator shall--

(a) give effect to all reasonable requirements of the nominated undertaker for ensuring the safety and efficient operation of those works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the nominated undertaker or the use of the same, and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to the terms and conditions (if any) applicable to the apparatus for which the alternative apparatus is to be substituted and have regard to the undertakers' ability to fulfil their service obligations.

(3) If the facilities and rights to be afforded by the nominated undertaker or the Secretary of State 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, more or less favourable on the whole to the undertakers than the facilities, rights, terms and conditions applying to the apparatus to be removed, the arbitrator shall make such provision for the payment of compensation to or by the nominated undertaker or the Secretary of State to or by the undertakers in respect thereof as appears to him to be reasonable having regard to all the circumstances of the case.

11 (1) Not less than 28 days before commencing to construct any work authorised by Part I of this Act which is near to, or will or may affect, any apparatus the removal of which has not been required by the nominated undertaker under paragraph 6 above, the nominated undertaker shall submit to the undertakers a plan and description of the work and of any protective measures which the nominated undertaker proposes to take in respect of that apparatus, together with a specification of such measures where appropriate.

(2) The work shall be constructed only in accordance with the plan and description submitted as aforesaid and in accordance with such reasonable requirements as may be made by the undertakers for the alteration or otherwise for the protection of the apparatus or for securing access thereto, and the undertakers shall be entitled by their officer to watch and inspect the construction of the work.

(3) If the undertakers within 14 days after the submission to them of any such plan and description shall, in consequence of the works proposed by the nominated undertaker, reasonably require the removal of any apparatus and give written notice to the nominated undertaker of that requirement, this Part of this Schedule shall have effect as if the removal of such apparatus had been required by the nominated undertaker under paragraph 6 above.

(4) Nothing in sub-paragraphs (1) to (3) above shall preclude the nominated undertaker from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of the work, a new plan and description thereof in lieu of the plan and description previously submitted, and thereupon the provisions of those sub-paragraphs shall apply to and in respect of the new plan and description.

(5) The nominated undertaker shall not be required to comply with sub-paragraphs (1) to (3) above in a case of emergency but in such a case it shall give notice to the undertakers as soon as reasonably practicable and a plan and description of those works as soon as reasonably practicable thereafter, and shall comply with those sub-paragraphs so far as reasonably practicable in the circumstances.

12 If in consequence of the exercise of the powers of Part I of this Act the access to any apparatus is materially obstructed the nominated undertaker shall, so far as reasonably practicable, provide alternative means of access to such apparatus which is no less convenient than the access enjoyed by the undertakers prior to the obstruction.

13 Where, in consequence of Part I of this Act, any part of any highway in which any apparatus is situate ceases to be part of a highway, the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of Part I of this Act, but nothing in this paragraph shall affect any right of the nominated undertaker or of the undertakers to require removal of that apparatus under this Part of this Schedule or the power of the nominated undertaker to construct works in accordance with paragraph 11 above.

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