London Passenger Transport Act 1933

93 Protection for statutory gas and water undertakers. E+W+S+N.I.

(1) The following provisions shall, unless otherwise agreed between [F1 the Executive] and the undertakers, have effect in relation to the abandonment of any tramway, or any part of any such tramway, under or by virtue of section twenty-three of this Act.

(2) Any enactment or agreement which at the date of the passing of this Act ensures for the protection of the undertakers in relation to any such tramway as aforesaid, or any part thereof, or to any rails, paving setts, posts, poles, wires or other works (in this section referred to as “equipment”) used or provided in connection therewith shall, subject to the provisions of this section, continue in force and enure for the protection of the undertakers until the date when the taking up and removal of that equipment is commenced but as from that date shall cease to have effect.

(3) Section thirty of the M1 Tramways Act 1870 shall extend and apply to—

(a) the taking up and removal of any such equipment as aforesaid; and

(b) the filling in of the ground and the making good and restoration of the portion of any road disturbed by such taking up and removal

in all respects as if those works or operations were the laying down of a tramway within the meaning of that section:

Provided that paragraph (1) of the said section (which relates to the giving of notices and the rights of persons to object to the proposed works) shall have effect as if for the seven days’ notice therein mentioned there were substituted a fourteen days’ notice and as if the requirement of delivering a plan and section of the proposed works were omitted therefrom.

(4) Where, in pursuance of the said section thirty as applied by this section, any such notice as aforesaid is given to the undertakers, the undertakers may at any time within fourteen days after the receipt by them of that notice give notice to [F1 the Executive] that they desire themselves to carry out any lowering or other alteration of the position of any main, pipe, work or apparatus belonging to or controlled by the undertakers which may be agreed between [F1 the Executive] and the undertakers, or in default of the agreement determined by arbitration in manner provided by the M2 Tramways Act 1870 to be necessary in view of the taking up or removal of any such equipment as aforesaid; and where any such notice is given the undertakers shall forthwith commence, execute and complete that lowering or alteration and any works necessary in connection therewith in such manner as may be agreed between the undertakers and [F1 the Executive] or in default of agreement as may be determined as aforesaid.

(5) Upon completion by the undertakers of any such lowering or alteration or works as aforesaid [F1 the Executive] shall pay to the undertakers the cost and expenses reasonably incurred by them in connection therewith.

(6) In this section the expression “the undertakers” means the several local authorities, companies and bodies carrying on [F2 gas] or water undertakings under statutory powers within the London Traffic Area.

Annotations:

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Amendments (Textual)

F1 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I and Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)(g)

F2 Word repealed (E.W.S.) by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

Marginal Citations

M1 1870 c. 78.

M2 1870 c. 78.