This Order may be cited as the Silvertown Tunnel Order 2018.

Subject to article 39 (application of Part 4), this Order comes into force on 31st May 2018.

In this Order, unless otherwise stated—

• “the 1961 Act” means the Land Compensation Act 19614;

• “the 1965 Act” means the Compulsory Purchase Act 19655;

• “the 1968 Act” means the Port of London Act 19686;

• “the 1980 Act” means the Highways Act 19807;

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19818;

• “the 1984 Act” means the Road Traffic Regulation Act 19849;

• “the 1990 Act” means the Town and Country Planning Act 199010;

• “the 1991 Act” means the New Roads and Street Works Act 199111;

• “the 1999 Act” means the Greater London Authority Act 199912;

• “the 2004 Act” means the Traffic Management Act 200413;

• “the 2008 Act” means the Planning Act 200814;

• “the 2009 Act” means the Marine and Coastal Access Act 200915;

• “address” includes any number or address for the purposes of electronic transmission;

• “apparatus” has the same meaning as in Part 3 of the 1991 Act;

• “the authorised development” means the development described in Schedule 1 (authorised development);

• “authorised person” means—

  1. a

     a person acting in the course of that person’s duties who—

     1. i

        is an employee, agent, contractor or sub-contractor of TfL; or

     2. ii

        is authorised by TfL to exercise one or more of its functions under this Order; or

  2. b

     a constable, Police Community Support Officer, an officer of the Driver and Vehicle Standards Agency, an officer of the Health and Safety Executive, person authorised for the purposes of section 44 (powers of fire-fighters etc in an emergency etc) of the Fire and Rescue Services Act 200416 or a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 200217, acting in the execution of that person’s duties within the tunnels;

• “the Blackwall Tunnel” means the existing twin bore road tunnel under the river Thames between Blackwall and the Greenwich Peninsula and forming part of the A102 road, which is a GLA road, as shown by solid green lines on the tunnels location and operational boundaries plans;

• “the Blackwall Tunnel approaches” means the northern and southern approaches to the Blackwall Tunnel, the linear extent of which is shown by dashed green lines on the tunnels location and operational boundaries plans;

• “the Blackwall Tunnel area” means the extent of the public highway comprised in and along the Blackwall Tunnel and the Blackwall Tunnel approaches;

• “the book of reference” means the document of that description set out in Schedule 14 (documents to be certified) certified by the Secretary of State as the book of reference for the purposes of this Order;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “business day” means a day other than a Saturday or Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 197118;

• “carriageway” has the same meaning as in the 1980 Act;

• “the charging policy” means the document described as the charging policies and procedures set out in Schedule 14 certified by the Secretary of State as the charging policies and procedures for the purposes of this Order, or any revision of that document approved by the Mayor of London under article 53 (the charging policy);

• “the classification of roads (classification) plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the classification of roads (classification) plans for the purposes of this Order;

• “the classification of roads (designation) plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the classification of roads (designation) plans for the purposes of this Order;

• “commence” means beginning to carry out any material operation (as defined in section 56(4)19 of the 1990 Act) forming part of the authorised development other than operations consisting of environmental surveys and monitoring, investigations for the purpose of assessing ground conditions, receipt and erection of construction plant and equipment, erection of any temporary means of enclosure, the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;

• “construct” includes execution, placing, altering, replacing, relaying and removal, and “construction” is to be construed accordingly;

• “cycle track” has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 Act20;

• “dangerous goods” means a substance or article of which the international carriage by road is prohibited, or authorised on certain conditions, by Annex A of the European Agreement Concerning the International Carriage of Dangerous Goods by Road as from time to time amended;

• “electronic transmission” means a communication transmitted—

  1. a

     by means of an electronic communications network; or

  2. b

     by other means but while in electronic form;

• “the engineering section drawings and plans” means the documents of that description set out in Schedule 14 certified by the Secretary of State as the engineering section drawings and plans for the purposes of this Order;

• “the environmental statement” means the documents of that description set out in Schedule 14 certified by the Secretary of State as the environmental statement for the purposes of this Order;

• “flood risk activity” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 201621;

• “footpath” and “footway” have the same meaning as in the 1980 Act;

• “the general arrangement plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the general arrangement plans for the purposes of this Order;

• “the GLA” means the Greater London Authority;

• “GLA Road” has the same meaning as in the 1980 Act22;

• “highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act;

• “Highways England” means Highways England Company Limited (Company No. 9346363);

• “the land plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the land plans for the purposes of this Order;

• “the limits of deviation” means the limits of deviation referred to in article 5 (limits of deviation);

• “maintain” includes inspect, repair, adjust, alter, remove or reconstruct, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and any derivative of “maintain” is to be construed accordingly;

• “Mayoral development corporation” means a corporation established under section 198 of the Localism Act 201123;

• “the MMO” means the Marine Management Organisation;

• “the monitoring and mitigation strategy” means the document of that description set out in Schedule 14 certified by the Secretary of State as the monitoring and mitigation strategy for the purposes of this Order and which in particular contains commitments in respect of—

  1. a

     traffic monitoring;

  2. b

     air quality monitoring;

  3. c

     noise monitoring;

  4. d

     socio-economic monitoring; and

  5. e

     the implementation of mitigation;

• “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads and a vehicle (including a horse box) designed or adapted to be towed by a motor vehicle;

• “the Order land” means the land shown coloured pink and the land shown coloured blue on the land plans and described in the book of reference;

• “the Order limits” means the Order limits shown on the works plans;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 198124;

• “the PLA” means the Port of London Authority;

• “the relevant planning authority” means the local planning authority for the land in question, being the Council of the Royal Borough of Greenwich or the Council of the London Borough of Newham, as the case may be, or any successor to either of those councils as planning authority;

• “registered keeper” means the person in whose name a vehicle is registered under the Vehicle Excise and Registration Act 199425;

• “the rights of way and access plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the rights of way and access plans for the purposes of this Order;

• “the Silvertown Tunnel” means the twin bore road tunnel to be constructed as Work No. 1, and as shown by solid blue lines on the tunnels location and operational boundaries plans;

• “the Silvertown Tunnel approaches” means the northern and southern approaches to the Silvertown Tunnel, the linear extent of which is shown by dashed blue lines on the tunnels location and operational boundaries plans;

• “the Silvertown Tunnel area” means the extent of the public highway to be comprised in and along the Silvertown Tunnel and the Silvertown Tunnel approaches;

• “the special category land plan” means the plan of that description set out in Schedule 14 certified by the Secretary of State as the special category land plan for the purposes of this Order;

• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;

• “STIG” means the Silvertown Tunnel Implementation Group, the consultative body established by article 66 (Silvertown Tunnel Implementation Group);

• “street” means a street within the meaning of section 4826 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

• “TfL” means Transport for London, the body corporate established under section 154 of the 1999 Act, of Windsor House, 42 Victoria Street, London, SW1H 0TL;

• “traffic authority” has the same meaning as in section 121A27 of the 1984 Act;

• “the traffic regulation measures (speed limits and restricted roads) plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the traffic regulation measures (speed limits and restricted roads) plans for the purposes of this Order;

• “the traffic regulation measures (clearways and prohibitions) plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the traffic regulation measures (clearways and prohibitions) plans for the purposes of this Order;

• “the tribunal” means the Lands Chamber of the Upper Tribunal;

• “tunnel services building” means a building constructed for the purpose of housing any plant and equipment, office, control centre or welfare facilities associated with the operation of the Silvertown Tunnel;

• “the tunnels areas” means the Blackwall Tunnel area and the Silvertown Tunnel area;

• “the tunnels” means the Blackwall Tunnel and the Silvertown Tunnel;

• “the tunnels location and operational boundaries plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the tunnels location and operational boundaries plans for the purposes of this Order;

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

• “the works plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the works plans for the purposes of this Order.

References in this Order to TfL include any wholly-owned subsidiary (as defined in section 1159 of the Companies Act 200628) of TfL.

References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the enjoyment of interests or rights and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the plan to which the reference applies.

References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).

Articles 42 (power to operate and use the tunnels) and 43 (closing the tunnels) only apply and have effect from the date the Silvertown Tunnel is first opened for public use.

For the purposes of this Part the date of commencement of construction of the Silvertown Tunnel is the date specified in a notice published by TfL in the London Gazette.

TfL may at any time maintain the authorised development.

Paragraph (1) does not extend to any maintenance works which would give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

On the expiry of any maintenance period defined in article 30(14) (temporary use of land for maintaining the authorised development) in respect of any part of the authorised development, but subject to article 3(4) (disapplication of legislation, etc.), sections 66 (licensing of works) to 75 (lands above mean high water level) of the 1968 Act apply to the exercise of the powers of this article in relation to that part.

TfL may, whenever in its opinion it is necessary to do so, close either or both of the tunnels, whether wholly or partially.

If any obstruction is caused by a motor vehicle waiting, loading, unloading or breaking down in the tunnels areas, the person in charge of the motor vehicle must immediately remove it; and if that person fails to do so an authorised person may take all reasonable steps to remove the obstruction.

An authorised person who removes a motor vehicle under paragraph (1) may do so by towing or driving the motor vehicle or in such other manner as the authorised person may think necessary and may take such measures in relation to the motor vehicle as the authorised person considers necessary to enable the motor vehicle to be removed.

Where an authorised person requires a person to remove a motor vehicle which is causing an obstruction in the circumstances described under paragraph (1) and the authorised person determines that the manner of removal proposed by the person required to remove it may cause danger to other persons using the road, the authorised person may require the motor vehicle to be moved in such other manner as the authorised person considers safe or may remove or arrange for the removal of the motor vehicle if the person required to remove it refuses to remove it in the manner so required.

In a case where the owner of the motor vehicle has disclaimed all rights of ownership of the motor vehicle and its contents, the custodian may dispose of them in such manner as it sees fit at any time.

The custodian is entitled to treat the registered keeper of the motor vehicle as the person entitled to its contents unless and to the extent that some other person satisfies the custodian of their claim to all or part of them.

Where, by virtue of paragraph (11)(a), any sum is recoverable in respect of a motor vehicle by a custodian, the custodian is entitled to retain custody of it until that sum is paid.

Penalty charges in respect of the removal, storage and disposal of vehicles imposed by a statement of charges published under article 54(5) (power to charge for use of the tunnels) apply to the removal, storage and disposal of motor vehicles under this article.

A person (“the claimant”) may take possession of a motor vehicle (with its contents) which has been removed and delivered to a custodian and has not been disposed of under this article, if the conditions specified in paragraph (18) are satisfied.

On giving the claimant possession of a motor vehicle pursuant to this article, the custodian must give the claimant a statement of the right of the owner (or the person in charge of the motor vehicle when the motor vehicle was removed) to appeal, of the steps to be taken in order to appeal and of the address to which representations should be sent.

Where it appears to the custodian that more than one person is the owner of the motor vehicle, or person authorised by the owner, the custodian must give possession of the motor vehicle to the first claimant who satisfied the conditions set out in paragraph (18).

Schedule 8 (removal of motor vehicles and recovery of penalty charges) has effect in relation to appeals against the imposition of penalty charges and the service of penalty charge notices.

An adjudicator appointed by the Lord Chancellor under regulation 3 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 200177 is an adjudicator for the purposes of hearing appeals under Schedule 8.

If, after a motor vehicle has been disposed of by a custodian pursuant to this article, a person claims to have been the owner of the motor vehicle at the time when it was disposed of and the conditions specified in paragraph (24) are fulfilled, a sum calculated in accordance with paragraph (25) is payable by the custodian to the owner.

The sum payable under paragraph (23) is calculated by deducting from the proceeds of sale the sums that would have been payable under paragraph (18)(b) had the motor vehicle been claimed by the owner immediately before its disposal together with such penalty charge as may be imposed in respect of the disposal of a motor vehicle.

Where it appears to the custodian of a motor vehicle that more than one person is the owner, the custodian must treat the first person who makes a claim that satisfies the conditions set out in paragraph (24) as the owner for the purposes of this article.

For the purposes of this article the owner of a motor vehicle is taken to be the person by whom the motor vehicle is kept; and in determining for those purposes who was the owner of the motor vehicle at any time, it is presumed (unless the contrary appears) that the owner was the person in whose name the motor vehicle was at that time registered under the Vehicle Excise and Registration Act 199478.

For the purposes of this article “breaking down” includes by way of a mechanical defect, lack of fuel, oil, water or power required for the motor vehicle or any other circumstances in which a person in charge of the motor vehicle could not immediately, safely and without damage to the motor vehicle or its accessories drive it under its own power away from the tunnels areas.

Where an obstruction or hazard is caused in the tunnels areas by a load falling from a motor vehicle and the person in charge of the motor vehicle fails to remove it, an authorised person may take all reasonable steps to remove the load.

The custodian must take reasonable steps to ascertain the identity of the owner of the load.

Where the custodian has been unable to ascertain contact details for the owner of the load, the custodian may dispose of or sell the load as the custodian thinks fit.

The custodian may recover any expenses reasonably incurred in the removal and storage of a load from the owner of the load.

Unless the owner of the load acts in accordance with the notice requirements, title in the load vests in the custodian on the date specified in the notice.

Where a load consists of, or includes, liquids or semi-liquids or items which are loose or an aggregate, or noxious, perishable or otherwise hazardous or difficult to collect-up or remove, and the driver of the motor vehicle fails to remove it or the fallen load poses a hazard, paragraphs (2) to (7) do not apply and an authorised person or custodian (as the case may be) may, as it sees fit, immediately wash, clean or clear away or remove the fallen load or otherwise dispose of it or sell it.

TfL is to be treated as having in the tunnels areas the same enforcement powers as any body mentioned in regulation 32 (enforcement) of the Carriage of Dangerous Goods and the Use of Transportable Pressure Equipment Regulations 200979 in relation to roads and to the extent permitted by regulation 32.

The exercise of the enforcement powers mentioned in paragraph (2) is subject to any limitation which applies to the Health and Safety Executive under the regulations.

Nothing in this article prejudices or prevents a body mentioned in regulation 32 of the Carriage of Dangerous Goods and the Use of Transportable Pressure Equipment Regulations 2009 from exercising any power conferred on it by those regulations.

Regardless of anything contained in any enactment, no person is to enter upon, break up or interfere with the Silvertown Tunnel area, or any part of it, for the purpose of placing or doing anything in or in relation to any sewer, drain, main, pipe, wire or other apparatus or executing any work except with the written consent of TfL and in accordance with such terms and conditions as TfL may determine, including as to payment, such consent not to be unreasonably withheld and any disputes as to failure to consent or over terms and conditions to be subject to the arbitration provisions in article 69 (arbitration).

This article is subject to paragraph 50 of Schedule 13 (protective provisions).

TfL may make byelaws under paragraph (1) in accordance with the procedure in the Byelaws (Alternative Procedure) (England) Regulations 201681 as if those regulations applied to the making and revoking of byelaws under this article.

Byelaws made under this article are enforceable by TfL and any authorised person.

A person who breaches any byelaw made under this article commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

The Blackwall Tunnel By-laws 1968 are revoked as from the date of the commencement of construction of the Silvertown Tunnel.

This article applies where it appears to an authorised person that a person has committed an offence under byelaws made under article 48 (byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel area).

The authorised person may serve on that person a fixed penalty notice in respect of the offence.

An authorised person may require a person to whom this article applies to pay a deposit of one tenth of the maximum amount of the fine to which a person may be liable under level 3 on the standard scale on accepting a fixed penalty notice if that person fails to provide, when requested, a residential address in the United Kingdom.

TfL must apply the deposit towards payment of the fixed penalty.

In this article—

• “App” means a software application for use on an electronic device which provides for payment by credit or debit card and which is provided by TfL for that purpose;

• “credit card” means a card or similar thing issued to any person, use of which enables the holder to defer payment of the deposit;

• “debit card” means a card or similar thing issued by any person, use of which causes the deposit to be paid by the electronic transfer of funds from any current account of the holder at a bank or other institution providing banking facilities; and

• “fixed penalty notice” means a notice offering the opportunity of the discharge of liability to conviction of an offence under byelaws made under article 48.

The roads described in paragraphs 1 to 3 and 19 to 22 of Part 1 of Schedule 10 (classification of roads, etc.) are to be classified as the A12 from such day as TfL may determine, as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act.

The roads described in paragraphs 6 to 18 of Part 1 of Schedule 10 are be classified as the A102 from such day as TfL may determine, as if such classification had been made under section 12(3) of the 1980 Act.

The roads described in paragraphs 4 to 18 of Part 1 of Schedule 10 are to become GLA roads on such day as TfL may determine, as if from that day they were the subject of an order directing the same under section 14B82 (orders of the authority changing what are GLA roads) of the 1980 Act.

The road described in Part 2 of Schedule 10 is to cease to be a GLA road on such day as TfL may determine, as if from that day it was the subject of an order directing the same under section 14B of the 1980 Act.

TfL must publish a notice in the London Gazette of any determination it makes under this article specifying the details of the determination and the date on which it takes effect.

In the event that the navigable channel of the river Thames has moved such that any part of it lies within Region 4, the PLA must give notice in writing to TfL as soon as reasonably practicable, and in any event before carrying out any dredging or other activity which as the result of the move requires TfL’s consent under paragraph (1).

A notice given under paragraph (2) has the effect that the restrictions applicable to Region 2 apply to that part of Region 4 within which any part of the navigable channel of the river Thames lies.

Paragraph (4) does not have effect until TfL has notified the PLA of a designation under paragraph (9)(a)(ii).

If TfL receives an application for consent under paragraph (4) and fails to notify the PLA of its decision before the end of the period of 28 days beginning on the day on which the application was received, TfL is deemed to have refused its consent.

If the PLA contravenes the provisions of paragraph (1), or if any activity is carried out by any other person but the provisions of paragraph (4) have not been complied with in relation to the activity, TfL may by notice in writing require the PLA, or the person who is carrying out or has carried out the activity concerned, to remove or abate any works to which the contravention relates (in accordance with the reasonable requirements of TfL) within a reasonable time specified in the notice and to restore the part of the river Thames concerned to its former condition. If the person to whom the notice is given fails to comply with the notice, TfL may carry out the work required by the notice and recover the reasonable costs of so doing from that person.

After receiving from TfL as built drawings under paragraph 36 of Schedule 13 (protective provisions), the PLA must as soon as reasonably practicable update its navigation charts to illustrate the position of the Silvertown Tunnel.

For the purposes of this article any reference to a Region is a reference to the corresponding Region shown on the river restrictions plan and the grid coordinates of each Region are set out below and also shown on the river restrictions plan—

In this article—

• “new part of the river Thames” means any part of the river Thames within the Order limits (not shown on the river restrictions plan and the river restrictions section) that is created as a result of the river walls shown on that plan and section being repaired or replaced so that the width of the river Thames is increased;

• “the river restrictions section” means the document of that description listed in Schedule 14 (documents to be certified) certified by the Secretary of State as the river restrictions section for the purposes of this Order;

• “the river restrictions plan” means the document of that description listed in Schedule 14 certified by the Secretary of State as the river restrictions plan for the purposes of this Order; and

• “the river Thames” means so much of the river Thames including streams, creeks and watercourses as is below mean high water level.

Any dispute arising between TfL and the PLA under this article is to be determined as provided in article 68 (arbitration).

TfL must exercise its functions under this Part in accordance with the policies and procedures set out in the charging policy.

Any revised charging policy proposed by TfL will only have effect if it is approved by the Mayor of London, who may approve it with or without modifications.

Subject to and in accordance with the provisions of this Part, from the date when the Silvertown Tunnel is first opened for public use, TfL may levy charges in respect of motor vehicles using either of the tunnels.

The charge payable to TfL for use of the tunnels by any motor vehicle is at such a level for that class of vehicle as TfL may from time to time determine.

Any charge payable to TfL under this article may be waived, suspended, reduced, compounded or discounted by TfL at any time.

TfL must publish the charges determined under paragraph (3) in a statement of charges in such manner as TfL considers appropriate not later than 56 days before the charges are intended to take effect.

Where any motor vehicle falls within the definition of more than one class of vehicles it is deemed to fall in the class of vehicle bearing the highest charge.

References in this Part to classes of motor vehicles are references to the classes defined or described by reference to any characteristics of the motor vehicles or to any other circumstances.

The person liable to pay any charge payable under this Part, and any penalty charge imposed in connection with this Part, is the registered keeper of the motor vehicle concerned.

The charge, and any penalty charge, must be paid by such methods or means as may be specified in the statement of charges published under article 54(5) (power to charge for use of the tunnels).

TfL may enter into an agreement with any person (“an advance payment agreement”) under which, on such terms as may be provided by the agreement, charges for a motor vehicle to be used in the Blackwall Tunnel or the Silvertown Tunnel may be paid in advance.

An advance payment agreement may relate to such use of the Blackwall Tunnel or the Silvertown Tunnel, on such number of occasions or during such period, as may be provided by it, may provide for a reduction in the charges payable and may make any other necessary provision including in relation to payment of an administration charge.

Where any charge payable under this Part, and any penalty charge imposed in connection with this Part, remains unpaid after it has become due for payment, TfL may recover from the person liable to pay the charge the amount of the charge together with all other reasonable costs and expenses including administrative expenses, enforcement expenses and interest arising out of any such failure to pay.

TfL may appoint any person to collect as its agent any charge payable under this Part and any penalty charge imposed in connection with this Part.

Regulations made under paragraph 1284 (penalty charges) of Schedule 23 (road user charging) to the 1999 Act have effect in relation to the tunnels as if the statement of charges published under article 54(5) (power to charge for use of the tunnels) is a charging scheme made by order under that Schedule, TfL is the charging authority and the tunnels are the charging area.

Sections 5 (contravention of requirement of TfL scheme), 6 (extension of power to include enforcement provisions in TfL scheme) and 8 (failure to notify changes in eligibility for exemptions etc.) of the Transport for London Act 200885 apply to the tunnels as if the statement of charges published under article 54(5) is a TfL scheme within the meaning of that Act.

Subject to article 59 (transfer of benefit of Order, etc.) and paragraph (2), the provisions of this Order conferring functions on TfL have effect solely for the benefit of TfL.

Paragraph (1) does not apply to the works for which the consent is granted by this Order for the express protection, benefit or accommodation of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Where an agreement has been made under paragraph (1), references in this Order, or in any document certified under article 65 (certification of documents), to TfL are to be read as including references to the transferee, the grantee or any other person who may exercise, enjoy or be responsible for any functions of TfL pursuant to that agreement.

The exercise by any person further to any agreement made under paragraph (1), of the functions conferred by or under this Order or any other enactment, is subject to the same restrictions, liabilities and obligations as would apply by or under this Order if those powers were exercised by TfL.

Subject to paragraph (7), any consent given by the Mayor of London under paragraph (1) may be given subject to such reasonable terms and conditions as the Mayor considers appropriate in the circumstances.

The Mayor of London must not give consent under paragraph (1) to any proposal for the transfer of any compulsory acquisition or temporary possession function unless the Secretary of State has certified in writing that the Secretary of State is satisfied that the person proposed to exercise or be responsible for that function has sufficient resources to discharge all associated compensation liabilities.

TfL must within 10 business days after entering into an agreement under paragraph (1) in relation to which any functions of TfL in respect of the deemed marine licence granted by article 62 are transferred to another party, notify the MMO in writing, and the notice must include particulars of the other party to the agreement under paragraph (1) and details of the extent, nature and scope of the functions transferred or otherwise dealt with which relate to the deemed marine licence granted under article 62.

This article applies to any agreement entered into by TfL under article 59 (transfer of benefit of Order, etc.) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement.

No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 Act) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 201186 when used in accordance with regulation 3(5) of those regulations.

The power conferred by paragraph (3) may be exercised at any time prior to the expiry of 24 months from the opening of the Silvertown Tunnel for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (3) may have effect both before and after the expiry of that period.

Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by TfL from time to time by subsequent exercise of the powers conferred by paragraph (1) or (3) within a period of 24 months from the opening of the Silvertown Tunnel for public use.

Before exercising the powers conferred by paragraphs (1) or (3) TfL must consult such persons as TfL considers necessary and appropriate and have regard to the representations made to TfL by any such person.

In the case of Saffron Avenue as identified in Part 2 of Schedule 11 (traffic regulation measures, etc.) (and shown on sheet 4 of the traffic regulation measures (clearways and prohibitions) plans), the powers conferred by this article cannot be exercised by TfL without the consent of the owner of that road.

Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

Section 61(9) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by TfL for the purposes of or in connection with the construction or maintenance of the authorised development.

As soon as practicable after the making of this Order, TfL must submit copies of each of the plans and documents set out in Schedule 14 (documents to be certified) to the Secretary of State for certification as true copies of those plans and documents.

Where any plan or document set out in Schedule 14 requires to be amended to reflect the terms of the Secretary of State’s decision to make this Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the document required to be submitted for certification under paragraph (1).

A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

TfL must, following certification of the plans and documents in accordance with paragraph (1), make those plans and documents available in electronic form for inspection by members of the public.

TfL must establish and fund the reasonable secretarial and administrative costs of a consultative body to be known as the Silvertown Tunnel Implementation Group (in this Order referred to as “STIG”).

Each body mentioned in paragraph (2)(b) to (2)(o) above must notify TfL of the identity of its nominated representative.

If any person nominated under paragraph (3) cannot attend a STIG meeting, the nominating body may nominate a person (on an occasional or standing basis, as it determines) to act as the nominating body’s substitute representative at the meeting.

In taking any decision in respect of any of the matters set out in paragraph (5), TfL must have regard to any recommendations or representations made by a member of STIG in response to the consultation carried out under that paragraph.

Unless otherwise agreed by STIG, TfL must convene a meeting of STIG, chaired by a representative elected by the members of STIG, at least twice a year on a date to be determined by TfL, including on each occasion that TfL publishes a monitoring report in accordance with the monitoring and mitigation strategy.

The first meeting of STIG must be held not less than three years before the date on which the Silvertown Tunnel is expected to open for public use.

Part VA (access to meetings and documents of certain authorities, committees and sub-committees) of the Local Government Act 197290 and the Public Bodies (Admission to Meetings) Act 196091 do not apply to STIG or to its meetings or proceedings.

TfL must publish on its website agendas, reports, minutes and other relevant documents relating to the operation of STIG as soon as reasonably practicable after they become available.

Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

This article must not be taken to exclude the employment of any method of service not expressly provided for by it.

In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Where any application is made to a relevant authority, the consent, agreement or approval concerned must, if given, be given in writing and is not to be unreasonably withheld or delayed.

If a relevant authority which has received an application fails to notify TfL of its decision before the end of the period of 28 days beginning with the date on which the application was received, the relevant authority is deemed to have given its consent, agreement or approval, as the case may be.

Any application to which this article applies must include a written statement that the provisions of paragraph (2) apply to that application.

In this article—

• “application” means an application or request for any consent, agreement or approval required or contemplated by articles 6 (street works), 8 (construction and maintenance of new, altered or diverted streets), 10 (temporary stopping up and restriction of use of streets), 11 (access to works), 16 (authority to survey and investigate land) and 61 (traffic regulation measures); and

• “relevant authority” means a planning authority, a traffic authority, a highway authority or a street authority.