References in this Agreement to navigational aids and buoys include references to their ground tackle.

Clause 3 of this Agreement is conditional upon the Commissioners assuming jurisdiction for the purposes of the Pilotage Act 1987 on the appointed day of so much of the River as lies between the imaginary lines, in consequence of the coming into operation of a provision of the Act.

Clause 4 of this Agreement is conditional upon the Commissioners becoming on the appointed day a local lighthouse authority for so much of the River as lies between the imaginary lines, in consequence of the coming into operation of a provision of the Act.

Upon becoming a local lighthouse authority as mentioned in clause 2(2) of this Agreement there shall be transferred to the Commissioners from the Council without charge the ownership of all navigational aids in the River Colne (between the imaginary lines) in respect of which the Council had statutory responsibility immediately before the date of such transfer.

The Council shall maintain at its own expense as agent for the Commissioners the navigational aid mentioned in paragraph (3) below to such standard as is reasonably required by the Commissioners for so long as that aid is required in connection with the Commissioners' functions as a local lighthouse authority.

The aid referred to in paragraph (2) above is the light at Bateman’s Tower (51°48.3'N, 1°00.73'E).

The Commissioners shall maintain to the reasonable satisfaction of the Council and in the positions reasonably required by the Council the buoys mentioned in paragraph (5) below if and to the extent that those buoys are required in connection with the discharge of any obligation or function of the Council in respect of fisheries and subject to the responsibilities of the Commissioners as local lighthouse authority in consequence of the Act.

The buoys referred to in paragraph (4) above are—

For the period of 20 years from the appointed day the Commissioners shall, if and to the extent that they are so required by the Environment Agency, maintain to the reasonable satisfaction of that Agency the buoys mentioned in paragraph (7) below in the positions reasonably required by that Agency:

Provided that this obligation shall not require the Commissioners to carry out any activity in relation to those buoys which was carried out by the Environment Agency prior to the date on which the Commissioners became a local lighthouse authority in consequence of the Act.

The buoys referred to in paragraph (6) above are—

Prior to the transfer mentioned in paragraph (1) above and subject to the approval of Trinity House under section 199 of the Merchant Shipping Act 1995 the Council shall replace each of the aids mentioned in Annex A to this Agreement with an aid manufactured in glass reinforced plastic but otherwise having the same shape and characteristic as the aid which it replaces; and such replacement shall be to the reasonable satisfaction of the Commissioners.

The Council shall transfer to the Commissioners the benefit of any manufacturers' guarantees and warranties relating to any replacement aids.

The Council shall maintain to a reasonable standard each of the aids mentioned in paragraph (1) above (including those replaced in accordance with paragraphs (8) and (9) above) until they are transferred to the Commissioners in accordance with paragraph (1) above.

In consideration of the Commissoners agreeing to assume the functions of a local lighthouse authority as mentioned in clause 2(2) of this Agreement and of maintaining the buoys mentioned in paragraphs (5) and (7) above the Council shall pay to the Commissioners annually the sum calculated in accordance with the provisions of clause 6 of this Agreement.

The sums mentioned in clause 3 of this Agreement shall be payable on the appointed day.

The sum referred to in clause 4(12) of this Agreement shall be first payable on the appointed day and thereafter on each anniversary of that day.

Subject to the provisions of this clause the sum referred to in clause 4(12) of this Agreement shall be £65,000 (sixty five thousand pounds).

In the event that the sum referred to in clause 4(12) of this Agreement is first payable on a date (“the date of first payment”) which falls after 1 November 2000, the sum due on the date of first payment shall be £65,000 (sixty five thousand pounds) or, if greater, the following sum, namely:—

$\pounds 65\text{,}000\times \genfrac{}{}{0.1ex}{}{\text{Index for month immediately preceding date of first payment}}{\text{The Base figure.}}$

The sum payable on each anniversary of the date of first payment shall be £65,000 (sixty five thousand pounds) or, if greater, the following sum, namely:—

$\pounds 65\text{,}000\times \genfrac{}{}{0.1ex}{}{\text{Index for month immediately preceding anniversary concerned}}{\text{The Base figure.}}$

If it becomes impossible by reason of any change after the date of this Agreement in the methods used to compile the Index or for any other reason to calculate the sum referred to in clause 4(12) of this Agreement by reference to the Index, the determination of a fair and reasonable alternative method for calculating for the purposes of this clause any increase in that sum due to general inflation shall (in the absence of agreement) be determined by arbitration in the manner provided in clause 12 of this Agreement.

The Council shall account to the Commissioners for any dues or charges received or properly recoverable by the Council in respect of pilotage or navigational aids if and to the extent that such dues or charges are referable to any period after the Commissioners assume jurisdiction for pilotage as described in clause 2(1) of this Agreement or, as the case may be, become a local lighthouse authority, as described in clause 2(2) thereof.

The Commissioners shall account to the Council for any dues or charges received or properly recoverable by the Commissioners in respect of pilotage or navigational aids if and to the extent that such dues or charges are referable to any period before the Commissioners assume jurisdiction for pilotage as described in clause 2(1) of this Agreement or, as the case may be, become a local lighthouse authority, as described in clause 2(2) thereof.

The Commissioners shall not be liable for any act, neglect or default of the Council as harbour authority (including competent harbour authority) which occurs before the date on which the Commissioners assume jurisdiction for pilotage or, as the case may be, become a local lighthouse authority in accordance with the Act.

The Council shall ensure that any byelaws made by the Council in relation to the River under section 235 of the Local Government Act 1972 after the Commissioners assume jurisdiction for pilotage as described in clause 2(1) of this Agreement and become local lighthouse authority as described in clause 2(2) thereof shall have effect subject to the statutory functions of the Commissioners in relation to pilotage and navigational aids.

The Council shall disclose to the Commissioners all documents relating to its pilotage and local lighthouse authority functions which appear to the Council to be relevant to, or which may otherwise assist the Commissioners in, the discharge by the Commissioners of any responsibility which they assume by reason of the Act.

The duty of the Council under paragraph (4) above shall include a duty to provide the Commissioners with copies of such documents as the Commissioners may reasonably require:

Provided that nothing in this paragraph or paragraph (4) above shall require the Council to act in breach of any law or existing legal obligation.

The Council shall permit the Commissioners without charge to maintain the aids and buoys mentioned in clause 4(1), (5) and (7) of this Agreement upon the bed of the River owned by the Council and without prejudice to the generality of the foregoing the Council shall indemnify the Commissioners in respect of any fee or other charge which may be made by any person for the right to attach to the bed of the River any such aid or buoy in the position in which the same is presently located.

The Commissioners shall, if so requested by the Council, give the Council all reasonable assistance (other than financial assistance) in securing the passing of the Act and the Council shall if requested reimburse the Commissioners any expenses reasonably incurred by them in providing such assistance.

The costs and expenses referred to in this clause shall be payable 30 days after written details thereof have been supplied to the reasonable satisfaction of the Council.