Office of Public Sector Information
PART IV continued
(5) Any specified work, and all protective works required by the rivers authority under paragraph (3) above, shall be constructed to the reasonable satisfaction of the rivers authority and the rivers authority shall be entitled by its officer to watch and inspect the construction of such works:
(6) If by reason of the construction of any specified work the efficiency of any drainage work for flood defence purposes is impaired or that work is damaged, such impairment or damage shall be made good by the undertakers to the reasonable satisfaction of the rivers authority and, if the undertakers fail to do so, the rivers authority may make good the same and recover from the undertakers the expense reasonably incurred by it in so doing:
Without prejudice to the other provisions of this section, the undertakers shall take all such measures as may be reasonably practicable to prevent any interruption in the passage of fish during the construction of any specified work;
(b) The undertakers shall be responsible for and make good to the rivers authority all costs, charges, expenses and losses which may be occasioned to, suffered by, or reasonably incurred by the rivers authority in taking action—
(i) after notice in writing to the undertakers to protect the fishery against anticipated damage; or
(ii) to remedy any damage to that fishery;being damage anticipated or suffered by reason or in consequence of the execution of the authorised works, of the failure or want of repair of the works, or in consequence of any act or omission of the undertakers, their contractors, agents, workmen or servants in connection with those works:
(8) The undertakers shall indemnify the rivers authority in respect of all costs, charges and expenses which the rivers authority may reasonably incur or have to pay or which it may sustain—
(a) in the examination or approval of plans under this section;
(b) in the inspection of the construction of the specified works or any protective works required by the rivers authority under this section:
Without prejudice to the other provisions of this section the undertakers shall indemnify the rivers authority 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 rivers authority by reason of—
(i) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence; or
(ii) any damage to the fishery; or
(iii) any raising of the water table in land adjoining the works or any sewers, drains and watercourses; or
(iv) any flooding or increased flooding of any such lands; or
(v) inadequate water quality in any watercourse or other surface waters or in groundwater;
which is caused by the construction of any of the works or any act or omission of the undertakers, their contractors, agents, workmen or servants whilst engaged upon any such work;
(b) The rivers authority shall give to the undertakers reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the agreement of the undertakers which agreement shall not be unreasonably withheld:
(10) The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the rivers authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the undertakers from any liability under the provisions of this section:
Provided that this paragraph shall not apply to the extent that such liability arises from a failure by the rivers authority properly to perform its functions.
(11) For the purposes of section 109 of the [1991 c. 57.] Water Resources Act 1991 (as to structures in, over or under watercourses) as applying to the construction of any authorised work, any consent or approval given or deemed to be given by the rivers authority under this section with respect to such construction shall be deemed also to constitute a consent or approval under that section:
Unless the parties agree to arbitration any difference arising between the undertakers and the rivers authority under paragraph (3) above shall be settled by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly on a reference to them by the undertakers or rivers authority after notice by one to the other;
(b) Subject to sub-paragraph (a) above, any difference arising between the undertakers and the rivers authority under this section (other than a difference as to its meaning or construction) shall be referred to and settled by arbitration.
For the protection of certain sewerage authorities the following provisions shall, unless otherwise agreed in writing between the undertakers and the sewerage authority concerned, have effect:—
(1) In this section—
“construction” includes placing and altering;
“sewer” means a public sewer within the meaning of the [1991 c. 56.] Water Industry Act 1991 and includes a sludge main, disposal main (within the meaning of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such public sewer, main or outfall not being, in any such case, apparatus in respect of which the relations between the undertakers and the sewerage authority are regulated by the provisions of Part III of the Act of 1991;
“sewerage authority” means a sewerage undertaker and any local authority which is a relevant authority for the purposes of section 97 of the Water Industry Act 1991;
“new, altered or substituted works” includes any works required for the protection of any public sewer of the sewerage authority;
“specified works” means any part of the authorised works which will or may be situated within 15 metres measured in any direction of any sewer vested in a sewerage authority:
(2) Wherever in this section provision is made with respect to the approval or consent of the sewerage authority such approval shall be in writing, but shall not be unreasonably withheld:
(3) The undertakers shall not commence the construction of the specified works until they have given to the sewerage authority not less than 56 days' notice in writing of their intention to do so with plans as described in paragraph (9) below (in this section referred to as “the said plans”) for their approval:
Provided that approval of the said plans shall not be unreasonably withheld and, if within 56 days after the submission of the said plans the sewerage authority have not approved or disapproved them, they shall be deemed to have approved the plans as submitted:
(4) The undertakers shall comply with, and conform to, all reasonable orders, directions and regulations of the sewerage authority in the construction of the specified works and shall provide new, altered or substituted works in such manner as the sewerage authority shall reasonably require for the protection of, and for preventing injury or impediment to, or for securing access to, any existing sewer of the sewerage authority by reason of the specified works, and shall indemnify the sewerage authority against all expenses occasioned thereby:
(5) The specified works and all such new, altered or substituted works—
(a) shall be constructed in accordance with such plans as may be approved or deemed to be approved by the sewerage authority as aforesaid or settled by arbitration, subject however to any modification of those plans from time to time agreed upon between the undertakers and the sewerage authority; and
(b) shall be constructed to the reasonable satisfaction of the sewerage authority who shall be given reasonable notice of the date and time on and at which any new, altered or substituted works are to be commenced:
(6) All new, altered or substituted works shall, where so required by the sewerage authority, be constructed by the sewerage authority, or under the direction, superintendence and control of an officer of the sewerage authority duly appointed for the purpose, at the cost of the undertakers and all costs, charges and expenses reasonably incurred by the sewerage authority by reason of such works, whether in the execution thereof, or in the preparation or examination of plans or designs, or in such direction, superintendence or control as aforesaid, or otherwise, shall be paid to the sewerage authority by the undertakers:
(7) When any new, altered or substituted works shall be completed by, or at the cost of, the undertakers under the provisions of this section the same shall thereafter be as fully and completely under the direction, jurisdiction and control of the sewerage authority as any sewers or works now or hereafter may be:
(8) It shall not be lawful for the undertakers without the consent of the sewerage authority, in the exercise of the powers of section 11 (3) of the Act of 1965 as applied by this Act, to make any trial holes which interfere with any sewer:
(9) The plans to be submitted to the sewerage authority for the purposes of this section shall be detailed plans, drawings, sections and specifications which shall describe the exact position and manner in which, and the level at which, the specified works are to be constructed and shall accurately describe the position of all sewers of the sewerage authority within the limits of deviation (for which purpose the sewerage authority shall allow the undertakers access to plans in their possession and to any of their sewers in order to enable the undertakers to obtain reliable information) and shall comprise detailed drawings of every alteration which the undertakers may propose to make in any such sewer:
(10) The undertakers shall be liable to make good, or, if the sewerage authority so decide, to repay any expense reasonably incurred by the sewerage authority in making good, damage caused by, or resulting from, the construction of the specified works to any sewers, drains or works vested in the sewerage authority whether or not identified at the commencement of the construction of the specified works:
(11) If the undertakers, in the construction of the specified works or any new, altered or substituted works provided in accordance with this section, damage, or, without the consent of the sewerage authority, alter or in any way interfere with, any existing sewer of the sewerage authority, the undertakers shall—
(a) pay to the sewerage authority any additional expense which may be reasonably incurred by the sewerage authority in the maintenance, operation, management or renewal of any new, altered or substituted sewer which may be necessary in consequence of the said construction; and
(b) give to the sewerage authority free and uninterrupted access at all times to any such new, altered or substituted sewer and reasonable facilities for the inspection, maintenance, alteration and repair thereof:
(12) It shall be lawful for the proper officer of the sewerage authority at any reasonable time, on giving to the undertakers such notice as may in the circumstances be reasonable, to enter upon and inspect the specified works or any other works constructed under the powers of this section:
(13) The approval by the sewerage authority of any plans, or the superintendence by them of any work, under the provisions of this section shall not exonerate the undertakers from any liability, or affect any claim for damages, under this section or otherwise:
(14) As soon as reasonably practicable after the completion of the construction of a specified work the undertakers shall deliver to the sewerage authority a plan and section showing the position and level of that work as constructed and all new, altered or substituted works of the sewerage authority provided under this section:
(15) If by reason or in consequence of the construction or failure of any of the LRT system or any subsidence resulting from the LRT system any damage shall be caused to any sewer or property of the sewerage authority (other than a sewer the repair of which is not reasonably necessary in view of its intended removal), the undertakers shall repay the cost reasonably incurred by the sewerage authority in making good such damage and shall—
(a) make reasonable compensation to the sewerage authority for any loss sustained by them; and
(b) indemnify the sewerage authority against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from, or incurred by, the sewerage authority; by reason or in consequence of any such damage:
Provided that—
(i) nothing in this paragraph shall impose any liability on the undertakers with respect to any damage to the extent that such damage is attributable to the act, neglect or default of the sewerage authority, their officers, servants, contractors or agents; and
(ii) the sewerage authority shall give to the undertakers reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made wiithout the consent of the undertakers:
(16) Notwithstanding the temporary stopping up or diversion of any highway under the powers of section 18 (Temporary stoppage of highways) of this Act, the sewerage authority shall be at liberty at all times to construct and do all such works and things in, upon or under any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, alter, protect, remove or use any sewer which at the time of the stopping up or diversion was in that highway:
(17) Where, in consequence of this Act, any part of any street, bridleway or footpath in which any sewer is situate ceases to be part of the street, bridleway or footpath, the sewerage authority may exercise the same rights of access to such sewer as they enjoyed immediately before the passing of this Act, but nothing in this paragraph shall prejudice or affect any right of the undertakers or of the sewerage authority to require alteration of such sewer under this section:
(18) The undertakers shall, so far as is reasonably practicable, so exercise the powers conferred by section 22 (Underpinning of houses near works) of this Act as not to obstruct or render less convenient the access to any sewer:
(19) Any difference arising between the undertakers and the sewerage authority under this section (other than a difference as to its meaning or construction) shall be determined by arbitration.
For the protection of certain statutory undertakers the following provisions shall, unless otherwise agreed in writing between the undertakers and the undertakers concerned, apply and have effect:—
(1) In this section, unless the context otherwise requires—
“the company” means any of the following, namely a licence holder within the meaning of Part I of the [1989 c. 29.] Electricity Act 1989, a public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986 or a water undertaker;
“adequate alternative apparatus” means alternative apparatus adequate to enable the company to fulfil their statutory functions in a manner not less efficient than previously;
“apparatus” means—
electric lines and works (as defined in Part I of the [1989 c. 29.] Electricity Act 1989) belonging to, or maintained by, a licence holder under that Part; or
mains, pipes or other apparatus belonging to, or maintained by, a public gas supplier within the meaning of Part I of the [1986 c. 44.] Gas Act 1986; or
mains, pipes or other apparatus belonging to, or maintained by, a water undertaker for the purposes of water supply;
(not being apparatus in respect of which the relations between the undertakers and the company are regulated by the provisions of Part III of the Act of 1991), and includes any structure for the lodging therein of apparatus;
“construction” includes placing and altering;
“in” in a context referring to apparatus includes under, over, across, along or upon:
(2) Notwithstanding anything in this Act or shown on the deposited plans the undertakers shall not acquire any apparatus under this Act otherwise than by agreement:
(3) If the undertakers in the exercise of the powers of this Act acquire any interest in any land in which any apparatus is placed, that apparatus shall not be removed under this section, nor shall any right of the company to use, maintain, repair, renew or inspect any apparatus in those lands be extinguished, until any necessary adequate alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the company:
If the undertakers, for the purpose of constructing any of the authorised works in, on or under any lands (including lands forming part of any street) acquired, held or used under this Act, require the removal of any apparatus placed in those lands, and give to the company not less than 56 days' written notice of such requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed so as to provide adequate alternative apparatus in lieu of the apparatus to be removed, or if, in consequence of the exercise of any of the powers of this Act, the company shall reasonably require to remove any apparatus, the undertakers shall, if it is practicable to do so, afford to the company the necessary facilities and rights for the construction of any necessary adequate alternative apparatus in other lands of the undertakers and thereafter for the maintenance, repair, renewal and inspection of such apparatus;
(b) If the alternative apparatus, or any part thereof, is to be constructed elsewhere than in other lands of the undertakers, the company shall, on receipt of a written notice to that effect from the undertakers, as soon as reasonably practicable exercise their powers to lay alternative apparatus:
Subject, in the case of any alternative apparatus to be laid in a road, to any requirements imposed under Part III of the Act of 1991 any alternative apparatus to be constructed in pursuance of paragraph (4) above shall be constructed in such manner, and in such line or situation, as may be agreed between the company and the undertakers or, in default of agreement, determined by arbitration;
(b) The company shall, after the manner of construction and the line and situation of any necessary alternative apparatus have been agreed or determined as aforesaid, proceed with all reasonable dispatch to construct and bring into operation the alternative apparatus and thereafter to remove any apparatus required by the undertakers to be removed under the provisions of this section:
(6) Notwithstanding anything in paragraph (5) above, if the undertakers give notice in writing to the company that they desire 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, such work, instead of being carried out by the company, shall be carried out by the undertakers with all reasonable dispatch under the superintendence (if given) and to the reasonable satisfaction of the company:
(7) Nothing in paragraph (6) above shall authorise the undertakers to carry out the actual placing, erection, installation, bedding, packing, removal, connection or disconnection of any apparatus or execute any filling around the apparatus (where the apparatus is laid in a trench, tunnel, heading or boring) within 600 millimetres (measured in any direction) of the apparatus:
(8) Where, in accordance with the provisions of this section, the undertakers afford to the company facilities and rights for the construction, maintenance, repair, renewal and inspection in lands of the undertakers of alternative apparatus in substitution for apparatus to be removed as aforesaid, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the undertakers and the company or, in default of agreement, determined by arbitration:
(9) In determining such terms and conditions as mentioned in paragraph (8) above in respect of alternative apparatus to be constructed across or along the authorised works the arbitrator shall—
(a) give effect to all reasonable requirements of the undertakers for ensuring the safety and efficient operation of the authorised works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any such works; and
(b) so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to any terms and conditions applicable to the apparatus (if any) constructed across or along the authorised works for which the alternative apparatus is to be substituted:
(10) If the facilities and rights to be afforded by the undertakers in respect of any alternative apparatus under paragraph (8) above and the terms and conditions subject to which the same are to be granted are, in the opinion of the arbitrator, more or less favourable on the whole to the company 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 undertakers by or to the company in respect thereof as shall appear to him to be reasonable having regard to all the circumstances of the case:
Not less than 56 days before commencing to construct any of the authorised works which are near to, or will or may affect, any apparatus the removal of which has not been required by the undertakers under paragraph (4) above, the undertakers shall submit to the company a plan, section and description of the works to be constructed;
(b) Such works shall be constructed only in accordance with the plan, section and description submitted as aforesaid and in accordance with such reasonable requirements as may be made by the company for the alteration or otherwise for the protection of the apparatus, or for securing access thereto, and the company shall be entitled by their officer to watch and inspect the construction of such works:
(12) If the company within 42 days after the submission to them of any plan, section and description under paragraph (11) above shall, in consequence of the works proposed by the undertakers, reasonably require the removal of any apparatus and give written notice to the undertakers of such requirement, the foregoing provisions of this section shall have effect as if the removal of such apparatus had been required by the undertakers under paragraph (4) above:
(13) Nothing in paragraph (11) or (12) above shall preclude the undertakers from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of any such works, a new plan, section and description thereof in lieu of the plan, section and description previously submitted, and thereupon the provisions of those paragraphs shall apply to, and in respect of, such new plan, section and description:
(14) The undertakers shall not be required to comply with paragraph (11) (a) above in a case of emergency but, in such a case, they shall give to the company notice so soon as reasonably practicable, and a plan, section and description of the works so soon as reasonably practicable thereafter, and shall comply with paragraph (11) (b) above so far as reasonably practicable in the circumstances:
(15) If in consequence of the exercise of the powers of this Act the access to any apparatus is materially obstructed the undertakers shall provide alternative means of access to such apparatus:
(16) The following provisions of this paragraph shall have effect for the provision by the undertakers, in the construction of the railways authorised by this Act, of accommodation or other facilities for the laying of apparatus under the railways:—
(a) Not less than 6 months before the undertakers commence the construction of any of the railways in any highway they shall give notice thereof in writing to each of the companies;
(b) If, within 56 days from the service on them of notice of the intended construction of any works under paragraph (a) above, the company give to the undertakers notice in writing that they desire such accommodation or other facilities to be provided, and such information as the undertakers may require to enable them to determine the extent and description of the accommodation or facilities to be provided and the means of access to apparatus laid therein, the undertakers shall, so far as it is reasonably practicable to do so, provide in the construction of the railway such accommodation or facilities for the laying of apparatus under the railway as may be agreed between them and the company, or in default of agreement, determined by arbitration;
(c) Subject to the provisions of this section, the company shall be entitled to use accommodation or other facilities and the means of access thereto provided by the undertakers for the laying and installing therein of the apparatus for which they were provided and for the purpose of inspecting, repairing, removing or renewing that apparatus;
(d) Except in case of emergency when they shall give such notice as they can in the circumstances, the company shall give the undertakers not less than 42 days' notice of their intention to lay and install or to repair, remove or renew apparatus in any such accommodation or facilities;
(e) In laying and installing apparatus in accommodation or other facilities provided by the undertakers the company shall conform with the reasonable requirements of the undertakers as to the times at which, and the manner in which, such company’s works affecting the railways shall be carried out, and the undertakers shall be entitled to superintend the carrying out of such works;
(f) The company shall maintain in good repair and to the reasonable satisfaction of the undertakers any apparatus laid and installed in accommodation or facilities provided by the undertakers and shall take such precautions as the undertakers reasonably require to be taken for ensuring the safety of the railway and the traffic thereon;
(g) The accommodation or facilities provided by the undertakers shall be maintained by the undertakers to the reasonable satisfaction of the company;
(h) Except in case of emergency when they shall give such notice as they can, the undertakers shall give to the company not less than 42 days' notice in writing of their intention to carry out any works affecting any such accommodation or facilities and, in carrying out the same, shall take such measures as the company may reasonably require for the protection of, or for preventing interference with, their apparatus laid or installed therein:
The undertakers shall repay the reasonable expenses incurred by the company in, or in connection with—
(i) the removal and re-laying or replacing, alteration or protection of any apparatus or the provision and construction of any new apparatus under any of the provisions of this section; and
(ii) the cutting off of any apparatus from any other apparatus;
(b) Subsections (3) and (4) of section 23 of the [1950 c. 39.] Public Utilities Street Works Act 1950 shall, so far as material, apply to any payment to be made by the undertakers under sub-paragraph (a) above as if the works there mentioned were such undertakers' works as are referred to in the said subsection (3), and as if in that subsection for the words “specified as so necessary in a specification of the works settled under Part I of the Fourth Schedule to this Act or agreed so to be by the promoting authority” there were substituted the words “agreed or settled by arbitration under section 45 (For protection of certain statutory undertakers) of the Greater Nottingham Light Rapid Transit Act 1994”:
If, by reason or in consequence of the construction or failure of any of the authorised works or any subsidence resulting from any of those works, any damage shall be caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal) or property of the company, or any interruption shall be caused in the supply of electricity, gas or, as the case may be, water by the company, the undertakers shall repay the cost reasonably incurred by the company in making good such damage, or restoring the supply, and shall—
(i) make reasonable compensation to the company for any loss sustained by them; and
(ii) indemnify the company against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from, or incurred by, the company;
by reason or in consequence of any such damage or interruption;
(b) Nothing in sub-paragraph (a) above shall impose any liability on the undertakers with respect to any damage or interruption to the extent that such damage or interruption is attributable to the neglect or default of the company, their officers, servants, contractors or other agents;
(c) The company shall give to the undertakers reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the consent of the undertakers:
(19) Where, in consequence of this Act, any part of any street, bridleway or footpath in which any apparatus is situate ceases to be part of the street, bridleway or footpath, the company may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of this Act, but nothing in this paragraph shall prejudice or affect any right of the undertakers or of the company to require removal of such apparatus under this section or the power of the undertakers to construct works in accordance with paragraph (11) above:
(20) Notwithstanding the temporary stopping-up or diversion of any highway under the powers of section 18 (Temporary stoppage of highways) of this Act, the company shall be at liberty at all times to carry out and do all such works and things in, upon or under any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping-up or diversion was in that highway:
(21) The undertakers shall, so far as is reasonably practicable, so exercise the powers conferred by section 22 (Underpinning of houses near works) of this Act as not to obstruct or render less convenient the access to any apparatus:
Any difference arising between the undertakers and the company under this section (other than a difference as to its meaning or construction) shall be determined by arbitration;
(b) In determining any difference under this section the arbitrator may, if he thinks fit, require the undertakers to construct any temporary or other works so as to avoid, so far as may be reasonably possible, interference with the use of any apparatus.
For the protection of telecommunications operators the following provisions shall, unless otherwise agreed in writing between the undertakers and the telecommunications operators concerned, apply and have effect:—
(1) In this section expressions defined in the [1984 c. 12.] Telecommunications Act 1984 have the same meanings as in that Act.
(2) The temporary stopping-up or diversion of any highway under section 18 (Temporary stoppage of highways) of this Act shall not affect any right of a telecommunications operator under paragraph 9 of the telecommunications code to inspect, maintain, adjust, repair or alter any apparatus which, at the time of the stopping-up or diversion, is in that highway.
(1) Nothing in this Act affects prejudicially any estate, right, power, privilege or exemption of the Crown and, without prejudice to the generality of the foregoing, nothing in this Act authorises the undertakers to take, use or in any manner interfere with any land or hereditaments or any rights of whatsoever description—
(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or
(b) belonging to Her Majesty in right of Her Crown and under the management (pursuant to any statute or otherwise) of the Secretary of State, without his consent in writing; or
(c) belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
(2) A consent under subsection (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
(3) Nothing in this section shall prejudice or affect the exercise of statutory powers to carry out works in or affecting any highway vested in or maintained by the Secretary of State in relation to which the provisions of section 39 (As to highways, traffic, etc.) of this Act apply.
Greater Nottingham Light Rapid Transit Act 1994