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- Original (As made)
This is the original version (as it was originally made).
71.—(1) This paragraph applies when—
(a)LUL is carrying out the authorised works;
(b)any other person (an “undertaker”) is taking preliminary action or carrying out works or operations (any of which is an “other work”) preparatory to or in connection with any other infrastructure project for which authorisation has been sought or given; and
(c)both the authorised works and the other work are being carried out in, on, over, under or making use of the River Thames at the same time.
(2) When this paragraph applies LUL must participate in and assist with the taking of reasonable measures in order to ensure that the safety of navigation on the River Thames is not adversely affected by reason of the carrying out of the authorised works and any other work.
(3) The obligations of LUL under this paragraph commence at such time as an undertaker commences any other work whilst the authorised works are being carried out in, on, over, under or making use of the River Thames and continue from time to time whenever sub-paragraph (1)(c) applies.
(4) The reasonable measures referred to in sub-paragraph (2) are to be such as—
(a)are agreed between the PLA and LUL or, failing such agreement, as are determined in accordance with article 48 (arbitration); and
(b)proportionately reflect the extent to which, as between the authorised works and any other work, the need for any measure is attributable to the carrying out of the authorised works.
(5) LUL and the PLA must each take such steps as are reasonably practicable, in so far as compatible with their statutory functions, to secure that an undertaker assumes or is made subject to obligations in relation to any other work that are equivalent to those placed upon LUL by this paragraph.
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