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PART 4 E+W+SOPERATIONAL PROVISIONS

Application of Part 4E+W+S

39.—(1) 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.

(2) Articles 44 (removal of motor vehicles) to 46 (dangerous goods), 48 (byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel area) and 49 (fixed penalty notices) only apply—

(a)to the Blackwall Tunnel area from the date of the commencement of construction of the Silvertown Tunnel; and

(b)to the Silvertown Tunnel area from the date the Silvertown Tunnel is first opened for public use.

(3) 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.

Maintenance of the authorised developmentE+W+S

40.—(1) TfL may at any time maintain the authorised development.

(2) 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.

(3) 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.

Local legislation relating to the Blackwall TunnelE+W+S

41.  The provisions of the Thames Tunnel (Blackwall) Act 1887 M1 and the London County Council (Tunnel and Improvements) Act 1938 M2, and any other local enactment relating to the Blackwall Tunnel area, have effect subject to the provisions of this Order.

Marginal Citations

M11887 c. clxxii.

Power to operate and use the tunnelsE+W+S

42.  TfL may operate and use the tunnels.

Closing the tunnelsE+W+S

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

(2) Where TfL proposes to close either or both of the tunnels, it must except in an emergency—

(a)give not less than 7 days' notice in such manner as TfL considers appropriate; and

(b)throughout the period of such closure display signs at convenient situations on the roads communicating with the tunnels giving warning of the closure.

(3) In this article “emergency” means any circumstance existing or imminent which TfL considers is likely to cause danger to—

(a)persons or property, including the tunnels or any person in or using the tunnels; or

(b)the environment.

Removal of motor vehiclesE+W+S

44.—(1) 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.

(2) 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.

(3) 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.

(4) A motor vehicle removed by an authorised person under this article—

(a)may be returned immediately to the person in charge of that motor vehicle; or

(b)where immediate return of that motor vehicle to the person in charge of it is not practicable or appropriate, must be delivered to TfL or to a person authorised by TfL to keep motor vehicles so removed (“the custodian” in either case).

(5) 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.

(6) In any case not falling within paragraph (5), a motor vehicle or its contents must not be disposed of before the end of the period of five weeks beginning with the date on which the motor vehicle was removed and until the custodian has, for the purpose of ascertaining the owner of the motor vehicle, taken such steps as are specified in paragraph (7) and either—

(a)the custodian has failed to ascertain the name and address of the owner; or

(b)the owner has failed to comply with a notice complying with paragraph (8) served on the owner by post.

(7) The steps referred to in paragraph (6) are—

(a)if the motor vehicle carries a United Kingdom registration mark, the custodian must ascertain from the records kept by the Secretary of State under the Vehicle Excise and Registration Act 1994 M3 the name and address of the person by whom the motor vehicle is kept; and

(b)if the motor vehicle does not carry such a registration mark, the custodian must make such inquiries as appear to the custodian reasonably practicable to ascertain the owner of the motor vehicle.

(8) A notice under paragraph (6)(b) must be addressed to the owner which—

(a)states—

(i)reasons for the removal of the motor vehicle;

(ii)the place to which the motor vehicle has been removed;

(iii)the registration mark and make of the motor vehicle;

(iv)the steps to be taken to obtain possession of the motor vehicle;

(v)the outstanding penalty charges payable in respect of the motor vehicle; and

(vi)that unless the motor vehicle is removed by the owner on or before the date specified in sub-paragraph (b), the custodian intends to dispose of it; and

(b)requires the owner to remove the motor vehicle from the custody of the custodian within 21 days of the date on which the notice was served.

(9) 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.

(10) Where it appears to the custodian that more than one person is the owner of the motor vehicle—

(a)the notice under paragraph (6)(b) must be sent to all persons appearing to be the owner of the motor vehicle; and

(b)the motor vehicle may not be disposed of in accordance with paragraph (5) unless all persons appearing to be the owners have disclaimed all rights of ownership.

(11) Where a motor vehicle has been removed and delivered into the custody of a custodian in accordance with paragraph (4), the custodian may (whether or not any claim is made under this article) recover from the person who was the owner of the motor vehicle when the motor vehicle was removed the charges applied by paragraph (16) for—

(a)its removal and storage; and

(b)if the motor vehicle has been disposed of, its disposal.

(12) 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.

(13) Where—

(a)it appears to the custodian that more than one person is the owner of the motor vehicle; and

(b)one of those owners, or a person authorised by one of those owners, has gained possession of the motor vehicle under paragraph (19),

then the owner who gained possession of the motor vehicle under paragraph (19) must be treated as the owner from whom the sum is recoverable.

(14) Where—

(a)it appears to the custodian that more than one person is the owner; and

(b)one of those owners has made a claim under paragraph (23) that satisfies the conditions in paragraph (24),

then the owner who made the claim under paragraph (23) must be treated as the owner from whom the sum is recoverable.

(15) Where—

(a)it appears to the custodian that more than one person is the owner of the motor vehicle; and

(b)neither paragraph (13) nor paragraph (14) applies,

then those persons must be treated as jointly and severally [F1liable] for the prescribed charges.

(16) 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.

(17) 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.

(18) The conditions are that—

(a)the claimant satisfies the custodian that the claimant is the owner of the motor vehicle or that the claimant is authorised by the owner to take possession of the motor vehicle; and

(b)all outstanding penalty charges applied by paragraph (16) are paid to TfL.

(19) 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.

(20) 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).

(21) 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.

(22) An adjudicator appointed by the Lord Chancellor under regulation 3 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 M4 is an adjudicator for the purposes of hearing appeals under Schedule 8.

(23) 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.

(24) The conditions are that—

(a)the person claiming satisfies the custodian that the person so claiming was the owner of the motor vehicle at the time it was disposed of;

(b)the claim is made before the end of the period of one year beginning with the date on which the motor vehicle was disposed of; and

(c)no previous claim in respect of the motor vehicle has been made.

(25) 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.

(26) 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.

(27) 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 1994 M5.

(28) 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.

Textual Amendments

Marginal Citations

M4S.I. 2001/2313, as amended by S.I. 2003/108, S.I. 2008/1956 and S.I. 2008/2683.

Removal of other obstructionsE+W+S

45.—(1) 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.

(2) An authorised person—

(a)may return a load which the authorised person has removed immediately to the person in charge of the motor vehicle from which it has fallen; or

(b)where a return of the load which the authorised person has removed to the person in charge of the motor vehicle from which it has fallen is not practicable or appropriate, must deliver the load to TfL or to a person authorised by TfL to keep loads so removed (“the custodian” in either case).

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

(4) 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.

(5) Where the custodian has been able to ascertain contact details for the owner of the load, the custodian must notify such person that—

(a)the load is in the possession of the custodian;

(b)the owner must take possession of the load within five weeks of the date of the notice;

(c)the owner may only take possession of the load on the payment of the custodian's expenses in removing and storing the load; and

(d)if the owner fails to act in accordance with the requirements in the notice, title in the load vests in the custodian.

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

(7) 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.

(8) 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.

Dangerous goodsE+W+S

46.—(1) Charges imposed under article 54 (power to charge for use of the tunnels) may include provision for charges to be imposed for—

(a)escorting motor vehicles carrying dangerous goods through the tunnels; and

(b)the recovery of TfL's reasonable administrative costs incurred in granting applications for consent to taking such goods into the tunnels to the extent required by byelaws made under article 48 (byelaws relating to the Silvertown Tunnel area and the Blackwall tunnel area).

(2) 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 2009 M6 in relation to roads and to the extent permitted by regulation 32.

(3) 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.

(4) 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.

Marginal Citations

M6S.I. 2009/1348, regulation 32 was substituted by S.I. 2014/469 and subsequently amended by S.I 2015/1682.

No apparatus in the Silvertown Tunnel area without consentE+W+S

47.—(1) 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 [F268] (arbitration).

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

Textual Amendments

Byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel areaE+W+S

48.—(1) TfL may make byelaws regulating—

(a)the efficient management and operation of the tunnels areas;

(b)travel in the tunnels areas;

(c)the maintenance of order in the tunnels areas; and

(d)the conduct of persons in the tunnels areas.

(2) The byelaws contained in Schedule 9 (Blackwall and Silvertown Tunnels byelaws)—

(a)are to be treated as byelaws made by TfL under paragraph (1) and subsequently confirmed by the Secretary of State on the date this Order comes into force;

(b)take effect on the date this article applies to the Blackwall Tunnel area or the Silvertown Tunnel area, as the case may be, by virtue of article 39 (application of Part 4); and

(c)continue to have effect in relation to the Blackwall Tunnel area and the Silvertown Tunnel area until such time as they are amended or revoked by further byelaws made under paragraph (1).

(3) Subject to paragraph (4), the provisions of subsections 236(3) to (8), (10C) and (11) of the Local Government Act 1972 M7 (procedure etc., for byelaws) apply in relation to byelaws made by TfL under paragraph (1), except that the application of section 236(10C) only requires TfL to send a copy of any byelaws made by it and subsequently confirmed to—

(a)the Mayor of London;

(b)the Council of the London Borough of Newham;

(c)the Council of the London Borough of Tower Hamlets; and

(d)the Council of the Royal Borough of Greenwich.

(4) TfL may make byelaws under paragraph (1) in accordance with the procedure in the Byelaws (Alternative Procedure) (England) Regulations 2016 M8 as if those regulations applied to the making and revoking of byelaws under this article.

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

(6) 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.

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

Marginal Citations

M71972 c. 70. Section 236 was amended by section 76 and 166 of the 1999 Act and S.I. 2001/3719; there are other amendments to section 236 but none are relevant

Fixed penalty noticesE+W+S

49.—(1) 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).

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

(3) Where a person is given a fixed penalty notice under this article in respect of an offence—

(a)no proceedings may be instituted for that offence before the expiration of 14 days after the date of the notice; and

(b)that person may not be convicted of the offence if the fixed penalty is paid before the expiration of 14 days after the date of the notice.

(4) A fixed penalty notice must state—

(a)the amount of the fixed penalty;

(b)particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence;

(c)the time by which and the manner (including the number to be used for payments by credit or debit card) in which the fixed penalty must be paid; and

(d)that proceedings may be instituted if payment is not made within the time specified in the fixed penalty notice.

(5) The amount of the fixed penalty is—

(a)one fifth of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction provided that person pays the fixed penalty in full within 7 days of issue of the fixed penalty notice; or

(b)one half of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction.

(6) 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.

(7) Payment of the deposit must be made—

(a)in person to the authorised person by cash, credit or debit card, if the authorised person has the necessary means to accept payment in that manner;

(b)by telephone by credit or debit card to the number stipulated in the fixed penalty notice for making payments; or

(c)by App.

(8) TfL must apply the deposit towards payment of the fixed penalty.

(9) In any proceedings a certificate which—

(a)purports to be signed on behalf of the chief finance officer of TfL; and

(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

(10) 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.

Classification of roads, etc.E+W+S

50.—(1) 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.

(2) 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.

(3) 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 14B M9 (orders of the authority changing what are GLA roads) of the 1980 Act.

(4) 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.

(5) 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.

Marginal Citations

M9As inserted by section 261 of the 1999 Act.

Operational land for purposes of the 1990 ActE+W+S

51.  Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Restrictions on other works in the river ThamesE+W+S

52.—(1) For the purposes of ensuring the protection of the Silvertown Tunnel, the PLA must not carry out the following activities within the part of the river Thames that is situated within the Order limits without the consent of TfL, which must not be unreasonably withheld or delayed—

(a)in Regions 1, 3 and 4 (subject to paragraph (2))—

(i)any dredging below the lines shown on the river restrictions section;

(ii)the installation of a mooring or other structure where its foundation would be at a depth exceeding 1 metre below the bed of the river Thames;

(iii)any piling activities; or

(iv)any designation of any anchorage; and

(b)in Region 2—

(i)any dredging which would result (either during the course of the dredging or on completion of the dredging) in the surface of the bed of the river Thames lying at a depth exceeding 5.80 metres below chart datum; or

(ii)any other activity which might reasonably be expected to result in any part of the surface of the bed of the river Thames lying at a depth exceeding 5.80 metres below chart datum,

subject, in relation to dredging (sub-paragraphs (a)(i) and (b)(i)) or any activity within sub-paragraph (b)(ii), to the addition of any ‘over-dredge’ of 0.5 metres where this occurs in the course of a standard dredging methodology being employed.

(2) 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).

(3) 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.

(4) Subject to paragraph (5), the PLA must not grant a river works licence under section 66 (licensing of works) of the 1968 Act or a dredging licence under section 73 M10 (licensing of dredging, etc) of that Act—

(a)in respect of any Region, licensing any activity mentioned in paragraph (1)(a) or (1)(b); or

(b)within any new part of the river Thames, licensing any activity,

without the consent of TfL, which must not be unreasonably withheld or delayed.

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

(6) 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.

(7) 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.

(8) 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.

(9) TfL must—

(a)designate—

(i)the person to whom notice should be given under paragraph (2); and

(ii)the person to whom an application for consent should be made under paragraph (4),

(and may from time to time alter any such designation); and

(b)give the PLA written notification of any such designation.

(10) 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—

Point referenceEastingNorthing
Region 11539864.6015180232.1903
2539847.9342180191.5763
3539824.5778180151.609
4539803.7353180122.9387
34539861.0333180050.4348
35539866.7186180056.4268
36539902.0684180100.2796
37539929.491180145.2861
Region 25539795.0307180110.7227
6539763.774180079.5465
7539726.8623180046.611
8539693.5971180012.3733
9539661.4484179985.9174
10539660.3067179984.9779
26539715.2125179913.7872
27539721.437179922.604
28539734.3574179934.3838
29539747.3322179946.2132
30539760.2525179957.6318
31539789.1704179980.5417
32539828.1578180015.7859
33539850.7088180039.5534
Region 311539648.3561179975.9124
12539614.2705179951.6187
13539610.4355179951.6816
14539592.3566179937.4617
15539578.0493179928.2188
16539571.9822179924.3817
17539568.9903179922.7014
18539559.0454179917.192
19539550.5843179913.8412
20539548.9716179914.0205
21539541.4966179912.8632
22539604.3438179829.269
23539673.1334179877.5185
24539704.0919179903.7208
Region 4 north4539803.7353180122.9387
5539795.0307180110.7227
33539850.7088180039.5534
34539861.0333180050.4348
Region 4 south10539660.3067179984.9779
11539648.3561179975.9124
24539704.0919179903.7208
25539714.0652179912.162
26539715.2125179913.7872

(11) 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.

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

Marginal Citations

M10As amended by section 46 of the Criminal Justice Act 1982 (c. 48).