London Docklands Railway Act 1991

Part II Works

4 Power to make works

The Corporation may, in the lines or situations shown on the deposited plan and according to the levels shown on the deposited sections, make and maintain the following works, with all necessary works and conveniences connected therewith:—

• In the London borough of Tower Hamlets—

  • Work No. 1A A railway (246 metres in length) and a widening on the western side of the existing viaduct at North Quay, commencing by a junction with the Docklands Railway at a point 180 metres south-west of the junction of Dolphin Lane with Poplar High Street and terminating north of Canary Wharf station by a junction with that railway at a point 397 metres south-west of that road junction;

  • Work No. 1B A railway (220 metres in length) and a widening on the eastern side of the existing viaduct at North Quay, commencing by a junction with the Docklands Railway at a point 184 metres south of the junction of Dolphin Lane with Poplar High Street and terminating north of Canary Wharf station by a junction with that railway at a point 397 metres south of that road junction.

5 Power to deviate

In the execution of either of the works shown on the deposited plan, the Corporation may deviate from the lines or situations thereof shown on the deposited plan to the extent of the limit of deviation and may deviate to such extent upwards or downwards as may be found necessary or convenient.

6 Plans, etc., to be approved by Secretary of State

The Corporation shall in connection with the works from time to time submit for the approval of the Secretary of State plans, sections and other details of their proposals with respect to permanent way, viaducts, signalling and the power required for traction, with particular reference to the use of overhead contact wires or conductor rail systems, and any work included in the said proposals shall be constructed and maintained only in accordance with plans, sections and other details as approved by the Secretary of State.

7 Use of sewers, etc., for removing water

(1) The Corporation may use for the discharge of any water pumped or found by them during the construction of the works any sewer or drain of a relevant authority in whose area the works may be constructed and for that purpose may lay down, take up and alter conduits, pipes and other works and make any convenient connections with any such sewer or drain within the limits of deviation but—

(a) the Corporation shall not discharge any water into any sewer or drain vested in or under the control of a relevant authority except with the consent of the relevant authority and subject to such terms and conditions as the relevant authority may reasonably impose; and

(b) the Corporation shall not make any opening into any such sewer or drain save in accordance with plans approved by, and under the superintendence (if given) of, the relevant authority in whom the sewer or drain shall be vested and approval of those plans by the relevant authority shall not be unreasonably withheld.

(2) (a) Section 85 of the [1991 c. 57.] Water Resources Act 1991 shall apply to, or to the consequence of, a discharge under the powers of this section into any controlled waters within the meaning given by section 104 of that Act as if this section were not a local statutory provision for the purposes of section 88 (1) (f) of that Act.

(b) In the exercise of their powers under this section the Corporation shall not damage or interfere with the bed of any watercourse forming part of a main river or the banks thereof within the meaning of section 113 of the Water Resources Act 1991.

(3) The Corporation shall take all such steps as may reasonably be required to secure that any water discharged by them under the powers of this section shall be as free as may be reasonably practicable from any gravel, soil or other solid substance or oil or matter in suspension.

(4) Any difference arising between the Corporation and a relevant authority under this section shall be referred to and settled by arbitration.

(5) In this section“relevant authority” means Thames Water Utilities Limited, the National Rivers Authority or Tower Hamlets London borough council.

8 Incorporation of works provisions

(1) The following provisions of the undermentioned Acts are, with the necessary modifications, incorporated with this Act:—

• The Act of 1963—

  • section 10 (Provisions as to use of electrical power); and

  • section 15 (Power to make trial holes):

• The Act of 1965—

  • section 10 (Underpinning of houses near works), except the provisos to paragraphs (4) and (6) thereof.

(2) For the purposes of this Act references in the said section 10 of the Act of 1963, as so incorporated, to Work No. 1 authorised by that Act shall be construed as references to the works and the said section shall have effect as if, after the reference to“insulated return” and“insulated returns” in paragraphs (5) and (7) thereof respectively, there were added “or uninsulated metallic returns of low resistance”.

(3) The Corporation shall, so far as is reasonably practicable, so exercise the powers conferred by the said section 10 of the Act of 1965, as so incorporated, as not to prevent any public telecommunications operator from having access to any telecommunications apparatus (as defined in paragraph 1 of Schedule 2 to the [1984 c. 12.] Telecommunications Act 1984) kept installed for the purposes of that system.