4.—(1) The undertaker may construct and maintain the scheduled works.
(2) Subject to article 6 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
(3) Subject to paragraph (6) below, the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the railway, namely—
(a)works to alter the position of apparatus, including mains, sewers, drains and cables;
(b)works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
(c)landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works; and
(d)works for the benefit or protection of premises affected by the scheduled works.
(4) Subject to paragraph (7) below, the undertaker may carry out and maintain such of the works required for, or in connection with, the control of traffic on Work No. 3 as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of Work No. 3.
(5) Subject to paragraph (6) below, the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
(6) Paragraphs (3) and (5) above shall not authorise the carrying out or maintenance of works to alter the course of navigable rivers or watercourses.
(7) Paragraph (4) above—
(a)shall only authorise the carrying out or maintenance of works outside the limits of deviation for Work No. 3 shown on the deposited plans if the works are carried out on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule; and
(b)shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
5.—(1) If the construction of the scheduled works shall not have commenced within 5 years of the date on which this Order comes into force, the powers conferred by this Order shall cease to have effect.
(2) For the purposes of paragraph (1) above, construction of the scheduled works shall be regarded as having commenced on the date on which any material operation comprised in those works begins to be carried out.
(3) In this article “material operation” has the meaning conferred by section 56(4) of the Town and Country Planning Act 1990(1).
6. In constructing or maintaining any of the scheduled works, the undertaker may—
(a)deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work shown on those plans; and
(b)deviate vertically from the levels shown on the deposited sections—
(i)to any extent not exceeding 1.5 metres upwards; or
(ii)to any extent downwards.
7.—(1) The undertaker may, for the purpose of exercising the powers conferred by article 10 below and the other provisions of this Order, enter upon any street along which the railway is laid and may execute there any works required for or incidental to the exercise of those powers including, without prejudice to the generality of the foregoing, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street.
(2) This article is subject to paragraph 3 of Schedule 3 to this Order.
8.—(1) The undertaker, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for such period as may be reasonable in the circumstances of the case—
(a)divert the traffic from the street; and
(b)subject to paragraph (2) below, prevent all persons from passing along the street.
(2) The undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article, if there would otherwise be no such access.
(3) Without prejudice to the generality of paragraph (1) above, the undertaker may exercise the powers of this article in relation to the streets specified in columns (1) and (2) of Schedule 4 to this Order to the extent specified in column (3) to that Schedule.
(4) The undertaker shall not exercise the powers of this article—
(a)in relation to any street specified as mentioned in paragraph (3) above without first consulting the street authority; and
(b)in relation to any other street without the consent of the street authority, but such consent shall not be unreasonably withheld.
(5) The provisions of the Act of 1991 mentioned in paragraph (6) below and any regulations made, or code of practice issued or approved under those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the undertaker under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the undertaker.
(6) The provisions of the Act of 1991 referred to in paragraph (5) above are—
section 54 (advance notice of certain works);
section 55 (notice of starting date of works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of alternative route); and
all such other provisions as apply for the purposes of the provisions mentioned above.
9.—(1) The undertaker may alter the layout of any street specified in columns (1) and (2) of Schedule 2 to this Order in the manner specified in relation to that street in column (3) of that Schedule.
(2) Without prejudice to the specific powers conferred by paragraph (1) above but subject to paragraph (3) below, the undertaker may for the purpose of constructing, maintaining or using Work No. 3 alter the layout of the street along which that railway is laid; and, without prejudice to the generality of the foregoing, the undertaker may—
(a)increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street;
(b)alter the level of any such kerb, footpath, footway, cycle track or verge;
(c)carry out works to the carriageway of the street for the purpose of deterring or preventing vehicles other than trains from passing along that railway; and
(d)make and maintain crossovers, sidings or passing places.
(3) The powers in paragraph (2) above shall not be exercised without the consent of the street authority but such consent shall not be unreasonably withheld.
10.—(1) The undertaker may, for the purposes of or in connection with the construction, maintenance and use of Work No. 3, place and maintain in any street along which that railway is laid any work, equipment or apparatus including (without prejudice to the generality of the foregoing) foundations, road islands and any electrical or other apparatus.
(2) In this article—
(a)“apparatus” has the same meaning as in Part III of the Act of 1991;
(b)“electric line” has the meaning given by section 64(1) of the Electricity Act 1989(2); and
(c)the reference to any work, equipment, apparatus or other thing in a street includes a reference to any work, equipment, apparatus or other thing under, over, along or upon the street.
11. The undertaker may, for the purposes of the scheduled works, form and lay out means of access or improve existing means of access in such location or locations within the limits of deviation for those works shown on the deposited plans as may be approved by the highway authority, but such approval shall not be unreasonably withheld.
12.—(1) A street authority and the undertaker may enter into agreements with respect to—
(a)any stopping up, alteration or diversion of a street under the powers conferred by this Order; or
(b)the execution in the street of any of the works referred to in article 7(1) above.
(2) Such an agreement may, without prejudice to the generality of paragraph (1) above—
(a)provide for the street authority to carry out any function under this Order which relates to the street in question; and
(b)contain such terms as to payment and otherwise as the parties consider appropriate.
13.—(1) The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown on the deposited plans, make openings into, and connections with, the watercourse, sewer or drain.
(2) The undertaker shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
(3) The undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
(4) The undertaker shall not, in the exercise of the powers conferred by this article, damage or interfere with the beds or banks of any watercourse forming part of a main river.
(5) The undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
(6) This article does not authorise the entry into controlled waters of any matters whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991(3).
(7) In this article—
(a)“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, a local authority, a National Park Authority or a harbour authority within the meaning of the Harbours Act 1964(4);
(b)“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
(c)other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.