Article 22
1. For the protection of Heathrow Airport Limited (in this Schedule referred to as “the authority”) the following provisions shall, unless otherwise agreed in writing between the Company and the authority, apply and have effect.
2. In this Schedule unless the context otherwise requires—
“the airport” means the airport known as Heathrow Airport—London;
“airport property” means the land, buildings, apparatus and any other property of whatever nature—
forming part of or held in connection with the airport,
situated within the limits of deviation for the Order applied for on 15th September 1994 to extend the Heathrow Express Railway, or
situated within the site of the Perry Oaks Sewage Works;
“apparatus” means any apparatus, appliance, conduit, duct or structure belonging to the authority or the Civil Aviation Authority and used for or in connection with the provision of services by the authority or the Civil Aviation Authority for the operation of the airport and includes any structure for the lodging thereon of such apparatus;
“construction” includes reconstruction and for the purposes of paragraphs 12 to 16 (inclusive) of this Schedule includes maintenance of the authorised works;
“the Heathrow Express Railway” means the railway authorised by the Heathrow Express Railway Act 1991;
“plans” includes sections, drawings, specifications and particulars (including particulars as to the method of constructing any work to which the plans relate).
3.—(1) The Company shall not under the powers of this Order acquire compulsorily any airport property except a leasehold interest in such land together with such ancillary easements or rights as are reasonably required for the purposes of the authorised works, or obtaining access thereto, in such position and upon such terms as may be agreed with the authority.
(2) The Company shall not under the powers of this Order use any land for the purpose of working areas in connection with the authorised works, otherwise than with the agreement of the authority.
(3) Nothing in sub-paragraph (1) above shall be construed as limiting the Company’s powers under article 14 of this Order and accordingly that sub-paragraph shall be disregarded in construing the reference in paragraph (1)(a) of that article to land which the Company is authorised to acquire compulsorily.
4. The whole of the authorised works shall be constructed in tunnel and otherwise than by cutting from the surface, except so much of the railway comprised in the authorised works as is agreed between the authority and the Company as appropriate for construction by cutting from the surface.
5. The authorised works shall be so constructed as to have such load-bearing capacity as may be specified by the authority in writing within 42 days of a request by the Company so to do before the commencement of construction of the authorised works, and different load-bearing capacities may be specified for different parts of the authorised works.
6.—(1) The Company shall, before commencing the authorised works—
(a)agree with the authority a scheme for the regulation of the construction of the authorised works, to include provisions restricting or regulating working areas, the lighting of the authorised works, the height of the authorised works and of surface equipment serving them or used in their construction, hours of surface working, the hours for and methods of disposal of spoil, routes and times of movement of construction traffic, parking areas for vehicles, cleansing of working areas, vehicles and vehicle routes and parking areas, the disposal of water found in constructing the authorised works and other such matters as may be agreed by the authority and the Company,
(b)furnish to the authority for their reasonable approval proper and sufficient plans of the authorised works and a statement of the time or times at which and the order in which the authorised works are to be constructed,
and shall not commence the authorised works until the said scheme and the plans of the authorised works and the statement of the time or times at which and the order in which the authorised works are to be constructed have been approved in writing by the authority or settled by arbitration.
(2) If within 42 days after such plans and statement have been furnished to the authority the authority shall not have intimated their disapproval thereof and the grounds of their disapproval, they shall be deemed to have approved the same.
7. The Company shall not depart from the agreed scheme referred to in paragraph 6(a) above without the consent in writing of the authority.
8. Upon signifying their approval or disapproval of the plans of the authorised works, the authority may specify any protective works, whether temporary or permanent, which in their opinion should be carried out before the commencement or during the construction of the authorised works to ensure the safety or stability of airport property, and such protective works as may be reasonably necessary for those purposes shall be constructed with all reasonable dispatch, and the Company shall not commence the construction of the authorised works until the authority shall have notified the Company in writing of any protective works required to be constructed before the commencement of the authorised works have been completed to the authority’s reasonable satisfaction.
9. Upon signifying approval or disapproval of the plans submitted to them under paragraph 6(1)(b) above, the authority may give notice to the Company that they desire themselves—
(a)to carry out any of the protective works referred to in paragraph 8 above;
(b)to alter, remove or replace any apparatus affected by the construction of the authorised works;
(c)to reinstate any runway, taxi-way, road or pavement affected by the authorised works.
10.—(1) Any protective or other works or other operations in respect of which notice has been given by the authority under paragraph 9 above shall be carried out by the authority with all reasonable dispatch and economy and in accordance with plans submitted to and approved by the Company, such approval not to be unreasonably withheld.
(2) Paragraph 6(2) above shall apply to any plans submitted by the authority to the Company under this paragraph as it applies to plans submitted by the Company to the authority as if references therein to the authority were references to the Company and vice versa.
11. The Company shall give to the authority 28 days' notice of their intention to commence the construction of any of the authorised works and also, except in emergency (when they shall give such notices as may be reasonably practicable), of their intention to carry out any works for the repair or maintenance of the authorised works in so far as such works of repair or maintenance are likely to affect or interfere with airport property.
12. The authorised works shall, when commenced, be constructed with all reasonable dispatch in accordance with the plans approved, deemed to be approved or settled by arbitration in accordance with paragraph 6 above and, if any damage to or interference with airport property shall be caused by the construction of the authorised works, the Company shall, notwithstanding any such approval or settlement, make good such damage and shall pay to the authority all reasonable costs and expenses to which they may be put by reason of any such damage or interference, but nothing in this paragraph shall impose any liability on the Company with respect to any damage, costs or expenses attributable to the act, neglect or default of the authority or their servants, contractors or agents.
13. The authority may from time to time during the construction of the authorised works give to the Company such directions relating to such construction as are reasonably necessary for ensuring the safe operation of the airport; and the Company shall upon receipt of such directions take all necessary steps to comply with such directions as soon as reasonably practicable.
14. The authority and the Company shall at all times afford reasonable facilities to each other and their agents for access to and inspection of any works carried out by either of them under this Schedule during their construction and shall supply each other with such information as they may reasonably require with regard to such works or the method of construction thereof.
15. The Company shall repay to the authority the agreed proportion of, or (as the case may be) all reasonable costs, charges and expenses properly incurred by the authority—
(a)in, or in connection with, the undertaking of any works or the carrying out of any operations on behalf of the Company under paragraph 9 above;
(b)in respect of the employment of any inspectors and other persons whom it shall be reasonably necessary to appoint for inspecting and guarding airport property and for preventing, as far as may be reasonably practicable, interference, obstructions, danger or accident arising from the construction or failure of the authorised works;
(c)in respect of any additional temporary lighting of airport property in the vicinity of the authorised works, being lighting made reasonably necessary during and by reason of the construction or failure of the authorised works; and
(d)in respect of the preparation and approval of all plans provided for in this Schedule and of the scheme referred to in paragraph 6(1)(a) above.
16. Subject to paragraph 17 below the Company shall be responsible for and make good to the authority all costs, charges, damages, losses and expenses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by the authority by reason of the failure of the authorised works or of any act or omission of the Company or of any persons in their employ or of their contractors or others whilst engaged upon the construction of the authorised works, and the Company shall effectively indemnify and hold harmless the authority from and against all claims and demands arising out of or in connection with the construction of the authorised works or any such failure, act or omission as aforesaid, and the fact that any act or thing may have been done by the authority on behalf of the Company or in accordance with plans approved by the authority, or in accordance with any requirement of the authority or under the supervision of the authority, shall not excuse the Company from any liability under the provisions of this Schedule.
17. Nothing in paragraph 16 above shall impose any liability on the Company with respect to any damages, costs or expenses attributable to the act, neglect or default of the authority or their servants, contractors or agents; and the authority shall give to the Company reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the Company.
18. The Company shall not in exercise of the powers of article 8 make any trial holes on any airport property or enter upon any airport property without first obtaining the consent of the authority, but such consent shall not be unreasonably withheld and the authority may attach thereto such reasonable conditions as they think fit.
19. The Company having commenced the authorised works shall complete the same with all reasonable dispatch, having regard however, to any increase in the time required to complete the same arising out of the provisions of this Schedule.
20. Any difference which shall arise between the Company and the authority under this Schedule shall be settled by arbitration.