The London Underground (Victoria Station Upgrade) Order 2009

Removal of apparatus

8.  Paragraphs 9 to 12 apply where—

(a) the Company requires the removal of any apparatus for the purpose of constructing any of the authorised works and gives to the specified undertaker not less than 56 days’ written notice of that requirement together with a plan of the proposed work and of the proposed position of the alternative apparatus to be provided or constructed; or

(b) in consequence of the exercise or proposed exercise of any of the powers conferred by this Order, the specified undertaker reasonably requires to remove any apparatus.

9.  The Company shall, if it is practicable to do so, afford to the specified undertaker the necessary rights and facilities—

(a) for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by the Company for the purpose of its undertaking under this Order or in which it has sufficient rights or interests, and;

(b) afterwards for the use, maintenance and renewal of such apparatus,

and, if the Company is unable to obtain those rights and facilities, the specified undertaker shall, on receipt of a written notice to that effect from the Company, use its best endeavours to obtain the necessary rights and facilities.

10.  The obligation imposed upon the specified undertaker by paragraph 9 shall not extend to the exercise by the specified undertaker of any power to acquire any land or rights in land by compulsory purchase order.

11.  Any alternative apparatus to be constructed by the specified undertaker pursuant to paragraph 9 shall be constructed in such manner, and in such line or situation, as may be agreed between the specified undertaker and the Company or, in default of agreement, determined by arbitration.

12.  The specified undertaker shall, after the manner of construction and the line or situation of any necessary alternative apparatus have been agreed or determined and after the grant to or obtaining by the specified undertaker of any such facilities and rights as are referred to in paragraph 9, proceed with all reasonable despatch to construct and bring into operation the alternative apparatus and thereafter to remove any apparatus required by the Company to be removed in accordance with paragraph 8.