The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014

PART 4 TRANSPORT FOR LONDON

SECTION 1 Protection of TfL Railway Companies

1.  The provisions of this Part of this Schedule shall have effect unless otherwise agreed in writing by the protected person and the undertaker.

2.  In this Part of this Schedule—

“approval” in relation to specified works means approval of the engineer appointed by the protected person whose protected property is affected by those works such approval not to be unreasonably withheld or delayed;

“construction” shall include reconstruction, altering, replacing, relaying, removal, maintenance and repair of the specified works;

“CRL” means Crossrail Limited, a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 04212657;

“CRL Property” means any lands held or used by CRL for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which CRL is responsible for when the construction of the specified works commence;

“DLRL” means Docklands Light Railway Limited, a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 02052677;

“DLRL Property” means any lands held or used by DLRL for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which DLRL is responsible for when the construction of the specified works commence;

“engineer” means the engineer appointed by each of the protected persons;

“LUL” means London Underground Limited a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 01900907;

“LUL Property” means any lands held or used by LUL for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which LUL is responsible for when the construction of the specified works commence;

“Non-River DCO Works” means the authorised development and associated development and any ancillary works to be constructed on any land located outside of the River Areas;

“plans” includes sections, designs, drawings, specifications, soil reports, staging proposals, programmes, calculations, methods of construction, risk assessments and details of the extent, timing and duration of any proposed occupation of protected property and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;

“protected person” means LUL or DLRL or RfL or CRL;

“protected property” means in relation to each protected person any lands held or used by that protected person for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which that protected person is responsible when the relevant specified works are begun;

“River Areas” means the areas comprising the rivers known as the River Thames and Deptford Creek and such areas include the bed, banks, sub-soil, foreshore and river walls of the River Thames and Deptford Creek but do not include works to the surface of structures over the River Areas;

“River DCO Works” means that part of the authorised development consisting of any works of excavation, piling, sinking or boreholes, tunnelling or other works carried out within the River Areas;

“RfL” means Rail for London Limited a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 05965930; and

“RFL Property” means any lands held or used by RfL for the purposes of its operational undertaking, and any works, apparatus and equipment connected therewith for the maintenance or operation of which RfL is responsible for when the construction of the specified works commence;

“the specified works” means

(a)

so much of any Non-River DCO Works as may be situated within 15 metres (measured in any direction) of the CRL Property, DLRL Property, LUL Property or RfL Property or may in any way affect CRL Property, DLRL Property, LUL Property or RfL Property; and

(b)

so much of any River DCO Works as may be situated within, 50 metres (measured in any direction) of CRL Property, DLRL Property, LUL Property or RfL Property within the River Areas, or may in any way affect CRL Property, DLRL Property, LUL Property, or RfL Property.

3.—(1) The undertaker shall not under the powers conferred by or under this Order without the consent of the protected person, acquire or enter upon, take or use whether temporarily or permanently or acquire any new rights over protected property.

(2) The undertaker shall not exercise the powers under article 22 above or the powers under section 11(3) of the 1965 Act, in respect of any protected property except with the consent of the protected person.

4.—(1) The undertaker shall, before commencing the specified works, furnish to the protected person such proper and sufficient plans of the specified works as may reasonably be required for the approval of the engineer and shall not commence the specified works until the plans have been approved in writing by the engineer or settled by arbitration.

(2) If, within a period of 56 days beginning with the date on which plans have been furnished to the protected person under sub-paragraph (1) above, the engineer has not notified their disapproval and the grounds of their disapproval, they shall be deemed to have approved the plans as submitted.

(3) If the undertaker, in the course of carrying out specified works on protected property (i) uses any materials that the engineer considers inferior or unfit for the purpose intended, (ii) executes any work which will have an adverse effect on the safe and efficient operation of the railway or (iii) makes any material deviation from materials approved by the engineer, then the protected person shall give notice to the undertaker that the protected person desires itself to construct that part of the specified works which in the opinion of the engineer will or may affect the stability of, or the safe operation of protected property, then, provided that the protected person has first given the undertaker the opportunity to remedy the specified works , if the undertaker desires such part of the specified works to be constructed, the protected person shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with approved plans.

(4) Upon signifying their approval of the plans the engineer may specify any protective works, whether temporary or permanent, which in their opinion should be carried out before the commencement of the specified works to ensure the stability of protected property, the continuation of the safe and effective operation of the protected person’s operational undertaking including any relocation of works, apparatus and equipment necessitated by the specified works and the comfort and safety of passengers or customers, and such protective works as may be reasonably necessary for those purposes shall be constructed with all reasonable dispatch, and the undertaker shall not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed.

5.—(1) The undertaker shall give to the engineer not less than 56 days’ notice of its intention to commence the construction of any of the specified works and also, except in an emergency (when it shall give such notice as may be reasonably practicable), of its intention to carry out any works for the repair or maintenance of the specified works in so far as such works of repair or maintenance affect or interfere with protected property.

(2) The specified works shall, when commenced, be carried out—

(a) with all reasonable dispatch in accordance with approved plans;

(b) under the supervision (if given), and to the reasonable satisfaction, of the engineer; and

(c) in such manner as to cause—

(i) as little damage as may be to protected property, and

(ii) as little interference as may be with the conduct of protected person’s operation and the use by passengers or customers of its property.

(3) If any damage to protected property or any such interference is caused by the carrying out of the specified works, the undertaker shall, notwithstanding any such approval as aforesaid, make good such damage and shall pay to the protected person all reasonable expenses to which the protected person may be put and compensation for any loss which the protected person may sustain by reason of any such damage or interference.

(4) Nothing in this paragraph shall impose any liability on the undertaker with respect to any damage, cost, expense or loss to the extent that such damage, cost expense or loss is attributable to the act, neglect or default of a protected person or its servants or agents.

6.  Without prejudice to the generality of paragraphs 4 and 5 above a protected person may, in approving the plans of or in supervising the carrying out of the specified works or of any protective works carried out by the undertaker by virtue of the provisions of paragraph 5(3) above, require that—

(a) nothing shall be done by or on behalf of the undertaker which unreasonably impedes the free, uninterrupted and safe flow of passengers or customers;

(b) dust sheets and other works and working methods are used so as to prevent so far as practicable any dust or dirt from the relevant works affecting such persons; and

(c) adequate signing of all alterations of routes for such persons and of any hazards or obstructions to the free movement of such persons is provided.

7.  The undertaker shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and shall supply him with all such information as he may reasonably require with regard to those specified works or the method of construction thereof.

8.  During the construction of any part of the specified works under this Part of this Schedule by a protected person under this Part of this Schedule, the protected person shall at all times afford reasonable facilities to the undertaker and its agents for access to those works, and shall supply the undertaker with such information as they may reasonably require with regard to such works or the method of construction thereof.

9.—(1) If any alterations or additions either permanent or temporary, to protected property are reasonably necessary during the construction of the specified works, or during a period of 12 months after the completion thereof, in consequence of the construction of the specified works, then, provided the protected person has first given the undertaker the opportunity to carry out the protective works itself, such alterations and additions may be carried out by the protected person after giving the undertaker reasonable notice of its intention to carry out such alterations or additions and the undertaker shall pay the protected person the reasonable cost thereof as certified by the engineer, including in respect of permanent alterations and additions a capitalised sum representing any increase in the costs which may be expected to be reasonably incurred by the protected person in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If the cost of maintaining, working or renewing protected property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to the protected person under this paragraph.

10.  The undertaker shall repay to any protected person all costs, charges and expenses reasonably incurred by the protected person—

(a) in constructing any part of the specified works on behalf of the undertaker or any protective works under the provisions of paragraph 3 above, including, in respect of any permanent protective works, a capitalised sum representing the costs which may be expected to be reasonably incurred by the protected person in maintaining and renewing such works;

(b) in respect of the employment of any inspectors, signalmen, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting its protected property in order to prevent, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works;

(c) resulting from any speed restrictions which in the opinion of the engineer are necessary by reason of the construction or failure of the specified works, any delays to services or from the substitution of services which may be reasonably necessary for the same reason, including loss of revenue;

(d) in respect of any additional temporary lighting of its protected property in the vicinity of the specified works, being lighting made reasonably necessary by reason of the construction or failure of the specified works; and

(e) in respect of the consideration of plans and the supervision by the engineer of the construction of the specified works.

11.—(1) In this paragraph—

“apparatus” means any lines, circuits, wires or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by a protected person for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications; and

“EMI” means electromagnetic interference with apparatus generated by construction of the authorised development where such interference is of a level which adversely affects the safe operation of apparatus.

(2) Subject to sub-paragraph (4), the undertaker shall in the design and construction of the authorised development take all measures necessary to prevent EMI and shall establish with the protected person (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

(3) In order to facilitate the undertaker’s compliance with sub-paragraph (2)—

(a) the undertaker shall consult with the protected person as early as reasonably practicable to identify all apparatus which may be at risk of EMI, and thereafter shall continue to consult with the protected person (both before and after formal submission of plans under paragraph 3(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

(b) the protected person shall make available to the undertaker all information in the possession of the protected person reasonably requested by the undertaker in respect of the apparatus identified pursuant to sub-paragraph(a); and

(c) the protected person shall allow the undertaker reasonable facilities for the inspection of apparatus identified pursuant to sub-paragraph(a).

(4) In any case where it is established that EMI can only reasonably be prevented by modifications to apparatus, the protected person shall not withhold its consent unreasonably to modifications of apparatus, but the means of prevention and the method of their execution shall be selected in the reasonable discretion of the protected person, and in relation to such modifications paragraph 3(1) shall have effect subject to the sub-paragraph.

(5) If at any time prior to the commencement of construction of the authorised development and notwithstanding any measures adopted pursuant to sub-paragraph (2), the construction of the authorised development causes EMI then the undertaker shall immediately upon receipt of notification by the protected person of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s equipment causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (4)) to the apparatus.

(6) In the event of EMI having occurred—

(a) the undertaker shall afford reasonable facilities to the protected person for access to the undertaker’s equipment in the investigation of such EMI;

(b) the protected person shall afford reasonable facilities to the undertaker for access to the apparatus in the investigation of such EMI; and

(c) the protected person shall make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of apparatus or such EMI.

(7) Where the protected person approves modifications to apparatus pursuant to sub-paragraphs (4) or (5)—

(a) the protected person shall allow the undertaker reasonable facilities for the inspection of the relevant part of the apparatus; and

(b) any modifications to apparatus approved pursuant to those sub-paragraphs shall be carried out and completed by the undertaker in accordance with paragraph 4.

(8) To the extent that it would not otherwise do so, the indemnity in paragraph 14(1) shall apply to the costs and expenses reasonably incurred or losses suffered by the protected person through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to apparatus) or in consequence of any EMI to which sub-paragraph (5) applies.

(9) For the purpose of paragraph 9 any modifications to apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

(10) In relation to any dispute arising under this paragraph the reference in article 63 (Arbitration) to the Institution of Civil Engineers shall be read as a reference to the Institution of Electrical Engineers.

12.  If at any time after the completion of a specified work, not being a work vested in the protected person, the protected person gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of protected property, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect protected property.

13.  Any additional expenses which a protected person may reasonably incur in altering, reconstructing or maintaining protected property under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to the protected person.

Third party and other costs

14.—(1) The undertaker shall be responsible for and make good to the protected person, all costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to, or reasonably incurred by, the protected person—

(a) by reason of the construction of the specified works or the failure thereof, or

(b) by reason of any act or omission of the undertaker, of any person in its employ, or of its contractors or others whilst engaged upon the construction of the specified works,

and the undertaker shall indemnify the protected person from and against all such claims and demands arising out of or in connection with the construction of the specified works or any such failure, act or omission, and the fact that any act or thing may have been done in accordance with any requirement of the engineer or under their supervision, shall not (if it was not attributable to the act, neglect or default of the protected person, or of any person in their employ, or of their contractors or agents) excuse the undertaker from any liability under the provisions of this Part of this Schedule.

(2) The protected person shall give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the undertaker such consent not to be unreasonably withheld.

(3) The sums payable by the undertaker under sub-paragraph (1) shall include a sum equivalent to the relevant costs.

(4) Subject to the terms of any agreement between the protected person and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, the protected person shall promptly pay to each train operator the amount of any sums which the protected person receives under sub-paragraph (1) which relates to the relevant costs of that train operator.

(5) The obligation under sub-paragraph (3) to pay the protected person the relevant costs shall, in the event of default, be enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

(6) In this paragraph—

“the relevant costs” means the costs, direct losses and expenses (including loss of revenue) incurred by a train operator as a consequence of any restriction of the use of a protected persons railway network as a result of the construction, maintenance or failure of a specified work, or any such act or omission as mentioned in sub-paragraph (1); and

“train operator” means any person who is authorised to act as the operator of a train over the railway network of a protected person.

15.  Any difference arising between the undertaker and a protected person under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule) shall be resolved by arbitration under article 63 (arbitration).

SECTION 2 For the Protection of London River Services Limited

1.  The provisions of this Part of this Schedule shall have effect unless otherwise agreed in writing between LRSL and the undertaker.

2.  In this Part of this Schedule—

“approval” in relation to specified works means approval of the engineer appointed by LRSL, such approval not to be unnecessarily withheld or delayed;

“construction” shall include reconstruction, altering, replacing, relaying, removal, maintenance and repair of the specified works;

“designated works” means Work No 17b authorised by this Order (construction of pier to relocate Blackfriars Millennium Pier);

“engineer” means the engineer appointed by LRSL;

“LRSL” means London River Services Limited, a company limited by shares and incorporated under the Companies Act 1985 whose registered number is 03485723;

“Non-River DCO Works” means the authorised development and associated development and any ancillary works to be constructed on any land located outside of the River Areas;

“plans” includes sections, designs, drawings, specifications, soil reports, staging proposals, programmes, calculations, methods of construction, risk assessments and details of the extent, timing and duration of any proposed occupation of the piers and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;

“the piers” means Blackfriars Millennium Pier, Embankment Pier and Putney Pier and any works, apparatus and equipment connected therewith;

“River Areas” means the areas comprising the rivers known as the River Thames and Deptford Creek and such areas include the bed, banks, sub-soil, foreshore and river walls of the River Thames and Deptford Creek but do not include works to the surface of structures over the River Areas;

“River DCO Works” means that part of the authorised development consisting of any works of excavation, piling, sinking or boreholes, tunnelling or other works including those associated with the temporary relocation of the residential house boat carried out within the River Areas;

“the specified works” means

(a)

so much of any Non-River DCO Works as may be situated within 15 metres (measured in any direction) of, or may in any way affect, the designated access route to the piers; and

(b)

so much of any River DCO Works as may be situated within, 50 metres (measured in any direction) of, or may in any way affect the piers.

and includes the construction and maintenance of the designated works and the decommission and removal of Blackfriars and Millennium Pier.

3.—(1) The undertaker shall not under the powers conferred by this Order without the consent of the LRSL, acquire or enter upon, take or use (whether temporarily or permanently) or acquire any new rights over the piers.

(2) The undertaker shall not exercise the powers under article 22 above, or the powers under section 11(3) of the 1965 Act in respect of the piers except with the consent of the LRSL.

4.—(1) The undertaker shall, before commencing the specified works, furnish to LRSL such proper and sufficient plans of the specified works as may reasonably be required for the approval of the engineer and shall not commence the specified works until the plans have been approved in writing by the engineer or settled by arbitration.

(2) If, within a period of 56 days beginning with the date on which plans have been furnished to LRSL under sub-paragraph (1) above, the engineer has not notified their disapproval thereof and the grounds of their disapproval, they shall be deemed to have approved the plans as submitted.

(3) If the undertaker, in the course of carrying out specified works on protected property (i) uses any materials that the engineer considers inferior or unfit for the purpose intended, (ii) executes any work which will have an adverse effect on the safe and efficient operation of the railway or (iii) makes any material deviation from materials approved by the engineer, then LRSL shall give notice to the undertaker that LRSL desires itself to construct that part of the specified works which in the opinion of the engineer will or may affect the stability of, or the safe operation of protected property, then, provided that it has first agreed such works with the pier owner and that LRSL has first given the undertaker the opportunity to remedy the specified works, if the undertaker desires such part of the specified works to be constructed, LRSL shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with approved plans.

(4) Upon signifying their approval of the plans the engineer may specify any protective works, whether temporary or permanent, which in their opinion should be carried out before the commencement of the specified works to ensure the stability of the pier, the continuation of the safe and effective operation of the piers including any relocation of works, apparatus and equipment necessitated by the specified works and the comfort and safety of passengers or customers using the pier, and such protective works as may be reasonably necessary for those purposes shall be constructed with all reasonable dispatch, and the undertaker shall not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed.

5.—(1) The undertaker shall give to the engineer not less than 56 days’ notice of its intention to commence the construction of any of the specified works and also, except in an emergency (when they shall give such notice as may be reasonably practicable), of its intention to carry out any such works for the repair or maintenance of the specified works in so far as such works of repair or maintenance affect or interfere with the piers.

(2) The specified works shall, when commenced, be carried out with all reasonable dispatch in accordance with the plans approved or deemed to be approved or settled as aforesaid and under the supervision (if given), and to the reasonable satisfaction, of the engineer, and in such manner as to cause as little damage as may be to the piers and as little interference as may be with the conduct of LRSL’s operation and the use by passengers or customers of the piers and, if any damage to the piers or any such interference is caused by the carrying out of the specified works, the undertaker shall, notwithstanding any such approval as aforesaid, make good such damage and shall pay to LRSL all reasonable expenses to which it may be put and compensation for any loss which they may sustain by reason of any such damage or interference.

(3) Nothing in this paragraph shall impose any liability on the undertaker with respect to any damage, cost, expense or loss to the extent that such damage, cost, expense or loss is attributable to the act, neglect or default of LRSL or its servants or agents.

6.  Without prejudice to the generality of paragraphs 4 and 5 above LRSL may, in approving the plans of or in supervising the carrying out of the specified works or of any protective works carried out by the undertaker by virtue of the provisions of paragraph 4(3) above, impose reasonable conditions with a view to ensuring that—

(a) nothing shall be done by or on behalf of the undertaker which unreasonably impedes the free, uninterrupted and safe flow of vessels, passengers or customers to or from the piers;

(b) adequate signing of all alterations of routes for such persons and of any hazards or obstructions to the free movement of such persons is provided.

7.  The undertaker shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and shall supply him with all such information as he may reasonably require with regard to those specified works or the method of construction thereof.

8.  During the construction of any part of the specified works under this Part of this Schedule by LRSL under this Part of this Schedule, LRSL shall at all times afford reasonable facilities to the undertaker and its agents for access to those works, and shall supply the undertaker with such information as they may reasonably require with regard to such works or the method of construction thereof.

9.—(1) If any alterations or additions either permanent or temporary, to protected property are reasonably necessary during the construction of the specified works, or during a period of 12 months after the completion thereof, in consequence of the construction of the specified works, then, provided LRSL has first given the undertaker the opportunity to carry out the protective works itself, such alterations and additions may be carried out by LRSL after giving the undertaker reasonable notice of its intention to carry out such alterations or additions and the undertaker shall pay LRSL the reasonable cost thereof as certified by the engineer, including in respect of permanent alterations and additions a capitalised sum representing any increase in the costs which may be expected to be reasonably incurred by LRSL in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If the cost of maintaining, working or renewing protected property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to LRSL under this paragraph.

10.  The undertaker shall repay to LRSL all costs, charges and expenses reasonably incurred by LRSL—

(a) in constructing any part of the specified works on behalf of the undertaker or any protective works under the provisions of paragraph 5 above, including, in respect of any permanent protective works, a capitalised sum representing the costs which may be expected to be reasonably incurred by LRSL in maintaining and renewing such works;

(b) in respect of the employment of any inspectors, signalmen, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting its piers in order to prevent, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works;

(c) resulting from any speed restrictions or diversions of services which may, in the opinion of the engineer, be required to be imposed by reason of the construction or failure of the specified works, or delays to services or from the substitution of services (whether temporary or permanent) which may be reasonably necessary for the same reason and any loss of revenue which LRSL may incur due to the specified works;

(d) in respect of any additional temporary lighting of its piers in the vicinity of the specified works, being lighting made reasonably necessary by reason of the construction or failure of the specified works; and

(e) in respect of the consideration of plans and the supervision by the engineer of the construction of the specified works.

11.  If at any time after the completion of a specified work, not being a work vested in LRSL, LRSL gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of LRSL undertaking, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect LRSL’s undertaking.

12.  Any additional expenses which a LRSL may reasonably incur in altering, reconstructing or maintaining the piers under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to LRSL.

13.—(1) The undertaker shall be responsible for, and make good to LRSL, all costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to, or reasonably incurred by, LRSL—

(a) by reason of the construction of the specified works or the failure thereof, or

(b) by reason of any act or omission of the undertaker or any person in its employ, or of its contractors or others whilst engaged upon the construction of the specified works,

and the undertaker shall indemnify LRSL from and against all such claims and demands arising out of or in connection with the construction of the specified works or any such failure, act or omission as aforesaid, and the fact that any act or thing may have been done in accordance with any requirement of the engineer or under their supervision, shall not (if it was not attributable to the act, neglect or default of the LRSL, or of any person in their employ, or of their contractors or agents) excuse the undertaker from any liability under the provisions of this Part of this Schedule.

(2) LRSL shall give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the undertaker. Such consent not to be unreasonably withheld.

14.  Any difference arising between the undertaker and LRSL under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule) shall be referred to and settled by arbitration under article 63 (arbitration).

SECTION 3 Protection for Highways Structures

1.  The provisions of this Part of this Schedule shall have effect unless otherwise agreed in writing by the undertaker and TfL.

2.  In this Part of this Schedule—

“approval” in relation to specified works means approval of the engineer appointed by TfL, such approval not to be unreasonably withheld or delayed;

“construction” shall include reconstruction, altering, replacing, relaying, removal, maintenance and repair of the specified works;

“designated works” means—

• the construction of Work No. 1a beneath Great West Road at British Grove (A4);

• the construction of Work No. 7 beneath Wandsworth Plain, Armoury Way and Wandsworth High Street (A3);

• the construction of Work No. 10b beneath York Road (A3200);

• the construction of Work No. 1b adjacent to Chelsea Embankment (A3212);

• the construction of Work No. 1c beneath Kirtling St (A3205);

• the construction of Work No. 1c, 15a, 15b and 15c (beneath Vauxhall Bridge (A202);

• the construction of Work No. 1c beneath Lambeth and Westminster Bridges A3203 and A302;

• the construction of Work No. 1c beneath Victoria Embankment (A3211);

• the construction of Work No. 17b (low level sewer interception chamber at Blackfriars Bridge, works to Blackfriars bridgehead structure the North Western link from Blackfriars bridge down onto the A3211);

• the construction of Work No. 1d beneath Limehouse Link (A1203), Commercial Road (A13), Burdett Road (A1205) & Blackwall Tunnel Northern Approach (A12); and

• the construction of Work No. 20 (beneath Jamaica Road (A200);

• Falconbrook Pumping Station (relocation of bus stops on York Road – part of Work no. 10c);

• Kirtling Street (relocation of bus stops on Cringle Street – part of Work no. 13b);

• Deptford Church Street (relocation of bus stops on Deptford Church Street – part of Work no. 22b)

“engineer” means the engineer appointed by TfL;

“LBSL” means London Bus Services Limited;

“plans” includes sections, designs, drawings, specifications, soil reports, staging proposals, programmes, calculations, methods of construction, risk assessments and details of the extent, timing and duration of any proposed occupation of protected property and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;

“protected property” means any lands held or used by TfL for the purposes of its operational highway undertaking and any works, apparatus and equipment connected therewith for the maintenance or operation of which TfL is responsible when the relevant specified works are begun;

“the specified works” means so much of the designated works as may be situated within 50 metres (measured in any direction) of, or may in any way affect, protected property and includes the construction of any such work.

“TfL” means Transport for London and in paragraph 9 includes LBSL.

3.—(1) The undertaker shall not in the exercise of the powers conferred by or under this Order, without the consent of the TfL, acquire or enter upon, take or use whether temporarily or permanently or acquire any new rights over protected property.

(2) The undertake shall not exercise the powers under article 22 above or the powers under section 11(3) of the 1965 Act, in respect of any protected property except with the consent of TfL.

4.—(1) The undertaker shall, before commencing the specified works, furnish to TfL such proper and sufficient plans of the specified works as may reasonably be required for the approval of the engineer and shall not commence the specified works until the plans have been approved in writing by the engineer or settled by arbitration.

(2) If, within a period of 56 days beginning with the date on which plans have been furnished to TfL under sub-paragraph (1) above, the engineer has not notified their disapproval and the grounds of their disapproval, they shall be deemed to have approved the plans as submitted.

(3) If the undertaker, in the course of carrying out specified works on protected property (i) uses any materials that the engineer considers inferior or unfit for the purpose intended, (ii) executes any work which will have an adverse effect on the safe and efficient operation of the roads or (iii) makes any material deviation from materials approved by the engineer, then TfL shall give notice to the undertaker that TfL desires itself to construct that part of the specified works which in the opinion of the engineer will or may affect the stability of, or the safe operation of protected property, then, provided that TfL has first given the undertaker the opportunity to remedy the specified works, if the undertaker desires such part of the specified works to be constructed, TfL shall construct it with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with approved plans.

(4) Upon signifying their approval of the plans the engineer may specify any protective works, whether temporary or permanent, which in their opinion should be carried out before the commencement of the specified works to ensure the stability of protected property, the continuation of the safe and effective operation of TfL’s operational undertaking including any relocation of works, apparatus and equipment necessitated by the specified works and the comfort and safety of users of the roads comprised within protected property and such protective works as may be reasonably necessary for those purposes shall be constructed with all reasonable dispatch, and the undertaker shall not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed.

5.—(1) The undertaker shall give to the engineer not less than 56 days’ notice of its intention to commence the construction of any of the specified works and also, except in an emergency (when it shall give such notice as may be reasonably practicable), of its intention to carry out any works for the repair or maintenance of the specified works in so far as such works of repair or maintenance affect or interfere with protected property.

(2) The specified works shall, when commenced, be carried out—

(a) with all reasonable dispatch in accordance with approved plans;

(b) under the supervision (if given), and to the reasonable satisfaction, of the engineer; and

(c) in such manner as to cause—

(i) as little damage as may be to protected property, and

(ii) as little interference as may be with the conduct of TfL’s undertaking and the use by vehicles and pedestrians of the highways comprised within protected property.

(3) If any damage to protected property or any such interference is caused by the carrying out of the specified works, the undertaker shall, notwithstanding any such approval as aforesaid, make good such damage and shall pay to TfL all reasonable expenses to which TfL may be put and compensation for any loss which TfL may sustain by reason of any such damage or interference.

(4) Nothing in this paragraph shall impose any liability on the undertaker with respect to any damage, cost, expense or loss to the extent that such damage, cost expense or loss is attributable to the act, neglect or default of TfL or its servants or agents.

6.  Without prejudice to the generality of paragraphs 4 and 5 above TfL may, in approving the plans of or in supervising the carrying out of the specified works or of any protective works carried out by the undertaker by virtue of the provisions of paragraph 5(3) above, require that—

(a) nothing shall be done by or on behalf of the undertaker which unreasonably impedes the free, uninterrupted and safe flow of vehicles and pedestrians;

(b) dust sheets and other works and working methods are used so as to prevent so far as practicable any dust or dirt from the relevant works affecting such persons; and

(c) adequate signing of all alterations of routes for such persons and of any hazards or obstructions to the free movement of such persons is provided.

7.  The undertaker shall at all times afford reasonable facilities to the engineer for access to the specified works during their construction and shall supply him with all such information as he may reasonably require with regard to those specified works or the method of construction thereof.

8.  During the construction of any part of the specified works under this Part of this Schedule by TfL under this Part of this Schedule, TfL shall at all times afford reasonable facilities to the undertaker and its agents for access to those works, and shall supply the undertaker with such information as they may reasonably require with regard to such works or the method of construction thereof.

9.—(1) If any alterations or additions either permanent or temporary, to protected property are reasonably necessary during the construction of the specified works, or during a period of 12 months after the completion thereof, in consequence of the construction of the specified works, then, provided TfL has first given the undertaker the opportunity to carry out the protective works itself, such alterations and additions may be carried out by TfL after giving the undertaker reasonable notice of its intention to carry out such alterations or additions and the undertaker shall pay TfL the reasonable cost thereof as certified by the engineer, including in respect of permanent alterations and additions a capitalised sum representing any increase in the costs which may be expected to be reasonably incurred by TfL in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If the cost of maintaining, working or renewing protected property is reduced in consequence of any such alterations or additions, a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to TfL under this paragraph.

10.  The undertaker shall repay to TfL all costs, charges and expenses reasonably incurred by TfL—

(a) in constructing any part of the specified works on behalf of the undertaker or any protective works under the provisions of paragraph 4 above, including, in respect of any permanent protective works, a capitalised sum representing the costs which may be expected to be reasonably incurred by TfL in maintaining and renewing such works;

(b) in respect of the employment of any inspectors, watchmen and other persons whom it is reasonably necessary to appoint for inspecting, watching and lighting its protected property in order to prevent, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works;

(c) resulting from any speed restrictions , diversions or delays to bus services which may, in the opinion of the engineer, be required to be imposed by reason of the construction or failure of the specified works, or from the substitution of bus service (whether temporary or permanent) which may be reasonably necessary for the same reason and any loss of revenue which may be incurred by TfL due to the specified works;

(d) in respect of any additional temporary lighting of its protected property in the vicinity of the specified works, being lighting made reasonably necessary by reason of the construction or failure of the specified works; and

(e) in respect of the consideration of plans and the supervision by the engineer of the construction of the specified works.

11.  If at any time after the completion of a specified work, not being a work vested in TfL, TfL gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of protected property, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect protected property.

12.  Any additional expenses which TfL may reasonably incur in altering, reconstructing or maintaining protected property under any powers existing at the making of this Order by reason of the existence of a specified work shall, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to TfL.

13.—(1) The undertaker shall be responsible for and make good to TfL, all costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to, or reasonably incurred by, TfL—

(a) by reason of the construction of the specified works or the failure thereof, or

(b) by reason of any act or omission of the undertaker, of any person in its employ, or of its contractors or others whilst engaged upon the construction of the specified works,

and the undertaker shall indemnify TfL from and against all such claims and demands arising out of or in connection with the construction of the specified works or any such failure, act or omission, and the fact that any act or thing may have been done in accordance with any requirement of the engineer or under their supervision, shall not (if it was not attributable to the act, neglect or default of TfL, or of any person in their employ, or of their contractors or agents) excuse the undertaker from any liability under the provisions of this Part of this Schedule.

(2) TfL shall give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the undertaker such consent not to be unreasonably withheld.

14.  Any difference arising between the undertaker and TfL under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule) shall be resolved by arbitration under article 63 (arbitration). referred to and settled by arbitration under article 63 (arbitration)

SECTION 4 Protection for Highways and Traffic

1.  The provisions of this Part of this Schedule shall have effect unless otherwise agreed in writing by the undertaker and TfL.

2.—(1) In this Part of this Schedule —

“designated works” has the same meaning as in Part 5 (for the protection of major highways structures) of this Schedule;

“highway” means any highway of which TfL is the highway authority but does not include any highway affected by the designated works;

“plans” includes detailed drawings and or plans showing in detail the layout and design construction of all road and drainage works (together with longitudinal cross sections) and landscaping including all necessary traffic management measures which may affect any relevant part of the highway and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;

“property of TfL” means any apparatus of TfL affixed to or placed under any highway; and

“TfL” means Transport for London.

(2) Wherever in this Part of this Schedule provision is made with respect to the approval or consent of TfL, that approval or consent shall be in writing and subject to such reasonable terms and conditions as TfL may require, but shall not be unreasonably withheld.

(3) In exercising the powers conferred by this Order in relation to any highway the undertaker shall have regard to the potential disruption of traffic which may be caused and shall seek to minimise such disruption so far as is reasonably practicable

(4) If within 30 business days after such plans mentioned in paragraph (5) have been submitted to TfL, TfL has not approved or disapproved them, TfL shall be deemed to have approved the plans as submitted.

(5) In the construction of any part of the said works under a highway no part of it shall, except with the consent of TfL, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than two metres to the surface of the highway.

(6) The undertaker shall not under the powers conferred by or under this Order without the consent of TfL, acquire or enter upon, take or use whether temporarily or permanently or acquire any new rights over any part of any highway, including subsoil beneath the surface of any highway.

(7) The provisions of this paragraph have effect in relation to carrying any part of the works authorised by this Order over a highway or carrying a highway over any part of those works;

(8) Before commencing the construction of, or the carrying out of any work in connection with any bridge which involves interference with a highway, the undertaker shall submit to TfL for its approval plans, drawings and particulars (in this paragraph referred to as “plans”) relating thereto and the works shall not be carried out except in accordance with the plans submitted to, and approved by, TfL.

(9) If within 56 days after the plans have been submitted TfL has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.

(10) The undertaker shall secure that so much of the works authorised by this Order as is constructed under any highway shall be so designed, constructed and (for the period of the works) maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and the undertaker shall indemnify TfL against, and make good to TfL, the expenses which TfL may reasonably incur in the repair of any highway, or any tunnels, sewers, drains or apparatus therein, by reason of non-compliance with the provisions of this paragraph.

(11) Any officer of TfL duly appointed for the purpose may at all reasonable times, on giving to the undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by this Order which—

(a) is in, over or under any highway, or

(b) which may affect any highway or any property of TfL,

(12) during the carrying out of the work, and the undertaker shall give to such officer all reasonable facilities for such inspection and, if he shall be of the opinion that the construction of the work is attended with danger to any highway or to any property of TfL on or under any highway, the undertaker shall adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway

(13) The undertaker shall not alter, disturb or in any way interfere with any property of TfL on or under any highway, or the access thereto, without the consent of TfL, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary shall be made by the undertaker or (if TfL fails to carry out such alteration, diversion, replacement or reconstruction works) by TfL to the reasonable satisfaction of TfL, and, if TfL carries out such works, the expense reasonably incurred by TfL in so doing shall be repaid to TfL by the undertaker.

(14) If within 56 days after a request for consent has been submitted TfL has not given or refused such consent, it shall be deemed to have consented to the request as submitted

(15) The undertaker shall not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by this Order.

(16) If TfL, after giving to the undertaker not less than 56 days’ notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in the signposting of traffic diversions, in the diversion of footpaths, in the taking of other measures in relation thereto, or in the repair of any highway by reason of the diversion thereto of traffic from a road of a higher standard, in consequence of the construction of the works authorised by this Order, the undertaker shall repay to TfL the amount of any such expense reasonably so incurred.

(17) An amount which apart from this sub-paragraph would be payable to TfL by virtue of this paragraph in respect of the repair of any highway shall, if the highway fell or would have fallen due for repair as part of the maintenance programme of TfL at any time within ten years of the repair being carried out by the undertaker, so as to confer on TfL financial benefit (whether by securing the completion of overdue maintenance work for which TfL is liable or by deferment of the time for such work in the ordinary course), be reduced by the amount which represents that benefit.

(18) The undertaker shall not, except with the consent of TfL, deposit any soil or materials, or stand any plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person, or, except with the like consent, deposit any soil or materials on any highway outside a hoarding, but if within 56 days after request for it any such consent is neither given nor refused it shall be deemed to have been given.

(19) The expense reasonably incurred by TfL in removing any soil or materials deposited on any highway in contravention of this paragraph shall be repaid to TfL by the undertaker

(20) The undertaker shall not, except with the consent of TfL, erect or retain on or over a highway to which the public continues to have access any scaffolding or other structure which obstructs the highway

(21) The undertaker shall, if reasonably so required by TfL, provide and maintain to the reasonable satisfaction of TfL, during such time as the undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by this Order, temporary bridges and temporary ramps for vehicular or pedestrian traffic over that part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway as a result of the carrying out of the relevant part of the works.

(22) Where any part of any highway has been broken up or disturbed by the undertaker and not permanently stopped up or diverted, the undertaker shall make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of TfL, and shall maintain the same to the reasonable satisfaction of TfL for such time as may reasonably be required for the permanent reinstatement of the highway

(23) The reinstatement of that part of the highway shall be carried out by the undertaker to the reasonable satisfaction of TfL in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the New Roads and Street Works Act 1991 (c. 22).

(24) If any damage to any highway or any property of TfL on or under any highway is caused by, or results from, the construction of any work authorised by this Order or any order or omission of the undertaker, its contractors, agents or employees whilst engaged upon such work, the undertaker may, in the case of damage to a highway, make good such damage to the reasonable satisfaction of TfL and, where the undertaker does not make good, or in the case of damage to property of TfL, the undertaker shall be liable to TfL for the remediation costs of any such damage.

(25) The fact that any act or thing may have been done in accordance with plans approved by TfL shall not of itself (if it was not attributable to the act, neglect or default of TfL or of any person in its employ or its contractors or agents) exonerate the undertaker from any liability, or affect any claim for damages, under this Part or otherwise.

(26) Any difference arising between the undertaker and TfL under this Part of this Schedule (other than a difference as to the meaning or construction of this Part of this Schedule) shall be resolved by arbitration under article 63 (arbitration).