Killingholme Generating Stations (Ancillary Powers) Act 1991

29 For protection of British Coal Corporation

For the protection of the British Coal Corporation the following provisions shall, unless otherwise agreed in writing between the appropriate company and the British Coal Corporation, have effect:—

(1) In this section—

• “the Corporation” means the British Coal Corporation and their successors in title;

• “the jetty” means the works authorised by the [S.I. 1968/986.] South Killingholme Jetty Empowerment Order 1968:

(2) The appropriate company shall—

(a) be responsible for and make good to the Corporation all costs, charges, damages and expenses which may be occasioned to or reasonably incurred by the Corporation by reason of the failure of the National Power works or the PowerGen works, as the case may be, or of any act or omission of the appropriate company or of any persons in their employ or of their contractors or others whilst engaged upon the construction or maintenance of the works or upon operations carried out under section 9 (Power to dredge) of this Act; and

(b) indemnify the Corporation from and against all claims and demands arising out of or in connection with the construction or maintenance of the National Power works or the PowerGen works, as the case may be, or any such failure, act or omission as aforesaid;

as a result of which any thing forming part of the works or used in connection with the construction or maintenance of the works or in connection with any such operations as aforesaid is carried downstream and causes damage to the jetty or any vessel moored or about to be moored to the jetty:

Provided that—

(i) nothing in this paragraph shall impose any liability on the appropriate company in respect of any such claim or demand in so far as and to the extent to which it is attributable to the act, neglect or default of any person other than the appropriate company, their contractors, agents, workmen or servants; and

(ii) the Corporation shall give to the appropriate company immediate notice of any such claim or demand and no settlement or compromise thereof shall be made except with the consent of the appropriate company who (if they so elect) shall at their expense have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the same:

(3) If any vessel or apparatus used in connection with the construction or maintenance of the works or with any operations carried out under the said section 9 is in such a position as is likely to constitute a material interference with the navigation of vessels proceeding to or leaving the jetty, the appropriate company shall on receiving notice in writing from the Corporation in the case of a vessel move it within 24 hours and in the case of apparatus move it within a reasonable time.