The Portsmouth (Camber Dock) Harbour Revision Order 1995

Protection of Southern Water Services Limited

21.—(1) The following provisions of this article shall, unless otherwise agreed in writing between the Council and Southern Water Services Limited, have effect for the protection of that company (in this article referered to as “the Water Services Company”).

(2) In this article—

“the outfall” means the sewer and outfall situate at the end of East Street and discharging through the existing quay wall, including any alteration, replacement or renewal therof;

“plans”, in relation to any specified work, means plans, drawings, sections and specifications describing the position and manner in which, and the level at which, the work is proposed to be carried out;

“specified work” means so much of the authorised works as is within 15 metres of the outfall.

(3) Not less than 56 days before commencing the construction of any specified work the Council shall submit to the Water Services Company for its approval plans for the work and such further particulars as the Water Services Company may, within 14 working days of the submission of the plans, reasonably require.

(4) The Water Services Company’s approval of plans submitted under paragraph (3) above shall not be unreasonably withheld; and if within 42 days after the submission of the plans and any further particulars supplied under the said paragraph (3) the Water Services Company has not approved or disapproved them, it shall be deemed to have approved them.

(5) The Council shall give to the Water Services Company not less than 14 days' notice of their intention to commence the construction or renewal of a specified work and, except in case of emergency (when they shall give such notice as may be reasonably practicable), of their intention to carry out operations for the maintenance of a specified work.

(6) In carrying out any operations for the construction, renewal or maintenance of a specified work the Council shall comply with all reasonable requirements of the Water Services Company of which due notice is given to them, and shall provide new, extended, altered or substituted works for the protection of the outfall in such manner as the Water Services Company shall reasonably require to safeguard the outfall against damage or to secure that the efficiency of the outfall for drainage purposes is not impaired by reason of the specified work.

(7) All operations for the provision of new, extended, altered or substituted works in pursuance of paragraph (6) above shall be carried out to the reasonable satisfaction of the Water Services Company and, where so required by the Water Services Company, by or under the supervision (if given) of an officer of the Water Services Company duly appointed for the purpose; and all reasonable costs and expenses to which the Water Services Company may be put by reason of such works (whether in the course of the carrying out of the works, or in the preparation or examination of plans or designs, or in such supervision, or otherwise) shall be payable to the Water Services Company by the Council.

(8) When operations for the provision of any such new, extended, altered or substituted works in purusance of paragraph (6) above have been completed, they shall be maintainable by the Water Services Company.

(9) If by reason of the carrying out of operations for the construction, renewal or maintenance of a specified work, or the failure of a specified work, the outfall is damaged or the efficiency of the outfall for drainage purposes is impaired, the damage shall be made good by the Council to the reasonable satisfaction of the Water Services Company or, failing that, the Water Services Company may make good the damage and recover from the Council the costs reasonably incurred in so doing.

(10) (a) The Council shall indemnify the Water Services Company against all claims, demands, costs, expenses, damages or loss which may be made against the Water Services Company as a result of the carrying out of a specified work or which the Water Services Company may incur or which it may sustain in consequence of any damage to, or interference with, the outfall caused by the construction of a specified work, or of the failure or want of maintenance of such a work, or any subsidence caused by the construction of any specified work or any act or omission of the Council, their contractors, agents, workmen or servants, while engaged upon the specified work.

(b) The Water Services Company shall give to the Council reasonable notice of any claim or demand, and no settlement or compromise shall be made without the agreement in writing of the Council.

(c) Nothing in this paragraph shall impose any liability on the Council with respect to any claim, demand, costs, expenses, damage or loss which is attributable to the act, neglect or default of the Water Services Company or its servants or agents.

(11) An officer of the Water Services Company duly appointed for the purpose may at all reasonable times enter upon and inspect any specified work.

(12) Any difference arising between the Council and the Water Services Company under this article shall be determined by a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.