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PART 2Works Provisions

Principal powers

Power to construct and maintain works

4.—(1) The undertaker may construct and maintain the scheduled works.

(2) Subject to article 5, the scheduled works may only be constructed in the lines or situations shown on the plans and in accordance with the levels shown on the sections.

(3) Subject to paragraph (5), 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 scheduled works, namely—

(a)stops, platforms and stopping places;

(b)works required for the alteration, strengthening, improvement, repair or reconstruction of any street;

(c)buildings and other works required for, or in connection with, the control, management or maintenance of the authorised guided busway or the control or management of any vehicular and pedestrian traffic on or in the vicinity of the authorised guided busway;

(d)parking and park and ride facilities;

(e)works for the strengthening, alteration or demolition of any building or structure;

(f)works to alter the position of any street furniture or apparatus, including mains, sewers, drains and cables;

(g)works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(h)landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and

(i)replacement facilities and works for the benefit or protection of premises affected by the other authorised works.

(4) Subject to paragraph (5), 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.

(5) Paragraphs (3) and (4) only authorise the carrying out or maintenance of works—

(a)within the limits of deviation for the scheduled works shown on the plans; and

(b)on land specified in column (1) of Schedule 2 to this Order for the purpose specified in relation to that land in column (2) of that Schedule.

Power to deviate

5.—(1) In constructing or maintaining any of the scheduled works, the undertaker may—

(a)deviate laterally from the lines or situations shown on the plans within the limits of deviation for that work shown on those plans; and

(b)deviate vertically from the levels shown on the sections—

(i)to any extent not exceeding 3 metres upwards; and

(ii)to any extent downwards as may be found to be necessary or convenient.

(2) The undertaker may construct and maintain any emergency and maintenance access track comprised in a scheduled work at a different level to the guided busway which it adjoins.

(3) The undertaker may in constructing and maintaining any part of the authorised guided busway provide within the limits of deviation such gaps in the mode of guidance adopted and such number of ways, cross-overs, lay-bys, bus parking areas and sidings as may be necessary or expedient.