SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 10FOR THE PROTECTION OF PORT OF TILBURY LONDON LIMITED

Application

schedule 14 paragraph 129 + 129.  The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and PoTLL, for the protection of PoTLL in relation to the construction of the authorised development and the operation and maintenance of the authorised development within the Port.

Interpretation

schedule 14 paragraph 130 + 130.—(1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with sub-paragraph (2), the latter prevail.

(2) In this Part of this Schedule—

term accumulation + “accumulation” means any accumulation of silt or other material (including any materials used to construct the authorised development) which constitutes an impediment to navigation within and to and from the Port;

term the affected roads + “the affected roads” means the A1089 St Andrews Road, Ferry Road, Fort Road and the unnamed link road between Fort Road and the A1089 St Andrews Road;

term plans + “plans” includes plans, sections, elevations, drawings, specifications, programmes, proposals, construction methods and descriptions;

term the port + “the Port” means—

term potll + “PoTLL” means Port of Tilbury London Limited, as statutory harbour authority for and operator of the Port;

term preliminary works emp + term preliminary works + “preliminary works” and “preliminary works EMP” have the same meaning as in paragraph 1 (interpretation) of Part 1 (requirements) of Schedule 2 to this Order;

term required easement width + “Required Easement Width” means any area of land comprising or forming part of an exclusion or protection zone pursuant to an easement for the benefit of a statutory undertaker and proposed to be—

term specified easement + “specified easement” means any easement, restrictive covenant or any other form of property right, including a Required Easement Width, for the benefit of another statutory undertaker in respect of a work authorised by this Order, burdening land within the Port and proposed to be—

term specified function + “specified function” means any function of the undertaker under—

of this Order where exercised in respect of the land situated on, over, across or under the Port;

term specified work + “specified work” means so much of the works and other matters listed at paragraphs (a) to (d) as are situated on, over, across or under the Port—

term tilbury2 + “Tilbury2” means that part of the Port constructed pursuant to the Port of Tilbury (Expansion) Order 2019(4); and

term access + term vehicular access + “vehicular access” includes but is not limited to access by road, rail, vessel and conveyor and any reference to “access” is to be construed as including vehicular access unless otherwise stated.

Approval of plans

schedule 14 paragraph 131 + 131.—(1) The undertaker must, before the exercise, or carrying out of any specified function or specified work, supply to PoTLL proper and sufficient plans of that work or function for the approval of PoTLL, acting reasonably, and the specified function must not be exercised or the specified work must not begin except in accordance with such plans as have been approved in writing by PoTLL or settled pursuant to paragraph 150 (disputes) of this Part of this Schedule.

(2) Before approving plans provided under sub-paragraph (1), PoTLL may require the undertaker to supply it with such further information as PoTLL considers (acting reasonably) to be necessary to determine whether to grant approval but such a request must be made within 28 days of the date on which plans have been supplied to PoTLL under sub-paragraph (1).

(3) The approval of PoTLL under sub-paragraph (1) must not be unreasonably withheld but may be given subject to such reasonable conditions as PoTLL may make for the protection of the Port (outside of the land which is the subject of the plan submitted under sub-paragraph (1)), navigation and current and permitted future vehicular access to it, and its ability to carry out dredging to facilitate vessel access to the Port and to facilitate the effective and cost-efficient future development of the Port provided that such conditions must not, if implemented, give rise to a breach of this Order.

(4) When imposing conditions on any approval given under sub-paragraph (1), PoTLL may specify any reasonably necessary protective works (whether temporary or permanent) that must be carried out before the carrying out of a specified work to minimise, to the extent reasonably practicable, the impact on PoTLL’s undertaking, and such protective works as may be reasonably necessary for those purposes must be constructed either by PoTLL at the expense of the undertaker, such costs to be agreed by the undertaker prior to construction, or by the undertaker at its own expense, in either case to be undertaken to a programme agreed between the undertaker and PoTLL, both parties acting reasonably.

(5) The undertaker must carry out any specified function or specified work and any protective works required under sub-paragraph (4) in accordance with the plans approved under sub-paragraph (1) or settled pursuant to paragraph 150 (disputes) of this Part of this Schedule.

(6) PoTLL is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey the specified works and the protective works and the undertaker must provide all reasonable facilities to enable that inspection and survey to take place and, if the person duly appointed by PoTLL is of the opinion, acting reasonably, that the construction of the work poses danger to any property of the Port or persons within the Port, the undertaker must adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury.

(7) If, by the end of the period of 28 days beginning with the date on which plans (or any subsequent information reasonably requested in accordance with sub-paragraph (2)) have been supplied to PoTLL under sub-paragraph (1), PoTLL has not approved or intimated disapproval of those plans and the grounds of disapproval, PoTLL is deemed to have approved the plans as submitted.

(8) Where an approval is provided under this paragraph, the undertaker will be deemed to have a reasonable excuse for the purposes of paragraph 4(4) of Schedule 7 to the Port of Tilbury (Expansion) Order 2019(5), and no proceedings will be brought by PoTLL in pursuance of those byelaws, when the undertaker carries out the specified work or protective work or specified function in accordance with an approval.

Approval of specified easements

schedule 14 paragraph 132 + 132.—(1) Before granting, imposing or acquiring any specified easement, transferring or granting the benefit of the Order pursuant to article 8(1) (consent to transfer benefit of Order) or issuing a consent under article 28(3) (compulsory acquisition of rights and imposition of restrictive covenants) in respect of any specified easement, the undertaker must supply to PoTLL details of the proposed terms of that specified easement for the approval of PoTLL, acting reasonably, and the specified easement must not be acquired, imposed or granted except in accordance with the proposed terms as have been approved in writing by PoTLL or settled pursuant to paragraph 150 (disputes) of this Part of this Schedule.

(2) The approval of PoTLL under sub-paragraph (1) must not be unreasonably withheld but may be given subject to such reasonable conditions as PoTLL may make for the protection of the Port and current and planned permitted vehicular access to it, and its ability to carry out dredging to facilitate vessel access to the Port and to facilitate the effective and cost-efficient operation and future development of the Port provided that such conditions must not, if implemented, give rise to a breach of this Order.

(3) In considering whether to grant its approval of the proposed terms of a specified easement submitted to it under sub-paragraph (1), PoTLL must have reasonable regard to—

schedule 14 paragraph 132 3 a + (a)the reasonable requirements of the statutory undertaker for whose benefit the specified easement is proposed to be granted or acquired, including any relevant provisions of this Order;

schedule 14 paragraph 132 3 b + (b)the intended purpose of the specified easement; and

schedule 14 paragraph 132 3 c + (c)the desirability of the effective and efficient implementation of the authorised work or works to which the specified easement relates.

(4) When acquiring, imposing or granting the specified easement, transferring or granting the benefit of the Order pursuant to article 8(1) or issuing a consent under article 28(3) in respect of any specified easement, the undertaker must do so in accordance with the proposed terms approved under sub-paragraph (1) or settled pursuant to paragraph 150 of this Part of this Schedule.

(5) If, by the end of the period of 28 days beginning with the date on which the proposed terms of any specified easement have been supplied to PoTLL under sub-paragraph (1), PoTLL has not approved or intimated disapproval of those terms and the grounds of disapproval, PoTLL is deemed to have approved the proposed terms as submitted.

(6) Except for the retained provisions, the provisions of this Order do not apply to, and the powers conferred by this Order are not exercisable by the undertaker or any other person in respect of, the area 1 land.

(7) Other than as may be approved by PoTLL pursuant to the provisions of this Part of this Schedule, the undertaker must not exercise or permit the exercise of the powers conferred by this Order so as to limit PoTLL’s use, enjoyment and ability to develop, let or permit occupation of the area 1 land.

(8) The provisions of article 66 (power to override easements and other rights) of this Order do not apply to override any agreement entered into between the undertaker and PoTLL where, and to the extent that, such an agreement contains an express provision intended to exclude it from the scope of article 66.

(9) The provisions of article 29 (private rights) do not apply to the Port and any interests in or rights over land held by PoTLL unless otherwise agreed by PoTLL, acting reasonably.

(10) In this paragraph—

term the area 1 land + “the area 1 land” means the land comprised in plots 16-65, 16- 66, 17-08, 17-09, 21-32 and 21-34 as shown on the land plans and listed in the book of reference; and

term retained provisions + “retained provisions” means sub-paragraphs (6) to (9) of this paragraph and paragraphs 149 (indemnity) and 150 of this Part of this Schedule.

Restoration of Port land

schedule 14 paragraph 133 + 133.  Before permanently vacating any part of the Port, the undertaker must supply to PoTLL a schedule setting out the condition of that part of the Port and any temporary works and apparatus situated in, on, under or over that part, and, notwithstanding articles 35, 36 or 37, PoTLL may confirm in writing that any of the temporary works and apparatus are not to be removed by the undertaker and specify the condition that part of the Port is to be restored to, and the undertaker will put that part of the Port in that condition before vacating that part of the Port.

Consultation

schedule 14 paragraph 134 + 134.—(1) PoTLL must be consulted by the undertaker on the development of the following plans required by Part 1 (requirements) of Schedule 2 and details in respect of any matters or measures within them that may affect the Port or the carrying out of a specified work or a specified function, before they are submitted to the Secretary of State for approval—

schedule 14 paragraph 134 1 a + (a)an EMP (Second Iteration) under paragraph 4 (construction and handover environmental management plans);

schedule 14 paragraph 134 1 b + (b)a LEMP (as defined in paragraph 1 of Schedule 2) under paragraph 5;

schedule 14 paragraph 134 1 c + (c)any materials handling plan developed under paragraph 4 as part of the EMP (Second Iteration);

schedule 14 paragraph 134 1 d + (d)a written scheme and programme under paragraph 6(2) (contaminated land and groundwater);

schedule 14 paragraph 134 1 e + (e)a travel plan under paragraph 11 (construction travel plans); and

schedule 14 paragraph 134 1 f + (f)fencing under paragraph 12 (fencing).

(2) Within the Port—

schedule 14 paragraph 134 2 a + (a)the definition of “carrying out” in paragraph 6(1) of Part 1 of Schedule 2 is to be construed as applying to the preliminary works; and

schedule 14 paragraph 134 2 b + (b)measures GS016, GS017, GS018, GS019, GS022, GS025, GS026, GS027 and GS028 of table 7.1 of the Code of Construction Practice apply to the carrying out of the preliminary works.

(3) PoTLL must be consulted by the undertaker on the development of the following plans, required by the environmental management plan for the preliminary works EMP, in respect of any matters or measures within them that may affect the Port or the carrying out of a specified work or specified function, before they are approved by the undertaker—

schedule 14 paragraph 134 3 a + (a)a Security Management Plan;

schedule 14 paragraph 134 3 b + (b)an Emergency Preparedness Plan; and

schedule 14 paragraph 134 3 c + (c)a Noise and Vibration Management Plan.

(4) PoTLL must be consulted by the undertaker on the development of a traffic management plan for the preliminary works required by section 6 of the outline traffic management plan for construction.

(5) The undertaker must invite PoTLL to be a member of the following groups that are created in relation to the authorised development on the north side of the river Thames—

schedule 14 paragraph 134 5 a + (a)the travel plan liaison group created under a travel plan approved under paragraph 11;

schedule 14 paragraph 134 5 b + (b)the traffic management forum created under a traffic management plan approved under paragraph 11;

schedule 14 paragraph 134 5 c + (c)the materials handling sub-group of the traffic management forum created under a traffic management plan approved under paragraph 11; and

schedule 14 paragraph 134 5 d + (d)an advisory group created under a LEMP (as defined in paragraph 1 of Schedule 2) approved under paragraph 5.

(6) In this paragraph—

schedule 14 paragraph 134 6 a + (a)term preliminary works emp + “preliminary works EMP” has the meaning given by paragraph 2(1) (interpretation) of Part 1 of Schedule 2; and

schedule 14 paragraph 134 6 b + (b)References to “paragraphs” are references to paragraphs in Part 1 of Schedule2.

Notification of works to utilities and services affecting the Port

schedule 14 paragraph 135 + 135.—(1) Except in an emergency, prior to the carrying out of any works to any utilities or services within the infrastructure corridor, the undertaker will notify PoTLL of the intended works and the programme for the implementation of such works at least 28 days prior to the carrying out of the proposed works.

term the infrastructure corridor + (2) In this paragraph, “the infrastructure corridor” means the purpose-built highway to access Tilbury2 between the A1089 and Substation Road.

Construction traffic management protocol within the Port

schedule 14 paragraph 136 + 136.—(1) Before the commencement of any work constituting Work No. CA5 or ancillary to it, including preliminary works, the undertaker must submit a construction traffic management protocol to PoTLL for approval.

(2) The construction traffic management protocol must include—

schedule 14 paragraph 136 2 a + (a)the security process to be followed by all vehicles accessing Work No. CA5 or otherwise travelling through the Port;

schedule 14 paragraph 136 2 b + (b)the code of conduct to which the undertaker, its employers, agents and contractors will be held to whilst on the Port;

schedule 14 paragraph 136 2 c + (c)procedures to be followed by all vehicles to ensure the Port and access to the Port does not become congested during any period in which the level crossing in the Port is in use;

schedule 14 paragraph 136 2 d + (d)the procedures to be followed in an emergency;

schedule 14 paragraph 136 2 e + (e)a suggested process by which advanced approval will be sought from PoTLL of the number of vehicular movements, including abnormal indivisible loads, expected to pass through the Port within a period to be agreed with PoTLL, and for updates to this information to be provided at the end of agreed period, for the next agreed period; and

schedule 14 paragraph 136 2 f + (f)a suggested process by which variations to the numbers approved by PoTLL under paragraph (e) are to be approved by PoTLL.

(3) The approval of PoTLL under sub-paragraph (1) must not be unreasonably withheld but may be given subject to such reasonable modifications, terms and conditions as PoTLL may make for the protection of the Port and its tenants, including in respect of their current and future operations.

(4) The undertaker must ensure that its employees, agents and contractors comply with the agreed construction traffic management protocol within the Port and failure of an individual or body to comply with the construction traffic management protocol will entitle PoTLL to prohibit that individual or body from entering the Port.

Streets

schedule 14 paragraph 137 + 137.—(1) Before exercising the relevant streets powers in respect of any affected roads the undertaker must consult PoTLL on its proposed exercise of those powers and have regard to any consultation response provided by PoTLL.

(2) Consultation under this paragraph will be effected by the undertaker sending to PoTLL the documents reasonably required to describe its proposed exercise of the relevant streets powers and, where required by the provisions of the relevant streets powers to consult or seek the consent of a street authority or traffic authority, a copy of the consultation documents or application seeking that consent, at the time those documents are submitted to the relevant street authority or traffic authority as the case may be.

(3) The undertaker must send to PoTLL a copy of any response received by the undertaker from the relevant street authority or traffic authority in response to any such consultation or submission for consent under the relevant streets powers within 7 days of the receipt by the undertaker of any such response.

term the relevant streets powers + (4) In this paragraph “the relevant streets powers” means the powers conferred by article 12 (temporary closure, alteration, diversion and restriction of use of streets), article 16 (clearways, speed limits and prohibitions) and article 17 (traffic regulation – local roads).

Minimising disruption to affected roads and streets within the Port

schedule 14 paragraph 138 + 138.  In exercising the powers conferred by this Order in relation to the affected roads or any street within the Port, the undertaker must have regard to the potential disruption, delay or congestion of traffic which may be caused to the affected roads or streets within the Port and seek to minimise such disruption, delay or congestion so far as is reasonably practicable.

Obstruction within the Port

schedule 14 paragraph 139 + 139.—(1) Where any event or accident on or affecting any road, street or highway within the Port or on or affecting the river Thames, prevents or obstructs pedestrian or vehicular access into, out of or within the Port, such event or accident being caused by or attributable to the undertaker, its agents, employees or contractors, or which requires the removal of any item, vessel or vehicle which is preventing or obstructing access and which is owned by, contracted to or otherwise being used on behalf of the undertaker, the undertaker must use best endeavours to reinstate access or remove the obstruction without delay.

(2) PoTLL may, where an obstruction has occurred and has not been removed by the undertaker within 14 days of the undertaker becoming aware of the obstruction, or upon the undertaker being given notice by PoTLL that it is expedient for PoTLL to do so, remove the obstruction and recover the cost of that removal and repair from the undertaker.

Land powers

schedule 14 paragraph 140 + 140.  The undertaker must not exercise the powers conferred by article 25 (compulsory acquisition of land), article 33 (acquisition of subsoil or airspace only), article 35 (temporary use of land for carrying out the authorised development) and article 36 (temporary use of land for maintaining the authorised development) in relation to any land within the Port unless the exercise of those powers is with the consent of PoTLL, such consent not to be unreasonably withheld or delayed.

As-built plans

schedule 14 paragraph 141 + 141.  As soon as reasonably practicable following the completion of the construction of any specified works within the Port or any protective works, the undertaker must provide to PoTLL as-built plans of those works in a form and scale to be agreed between the undertaker and PoTLL.

Accumulation and erosion

schedule 14 paragraph 142 + 142.—(1) If during the construction of a specified work or protective work or in the carrying out of a specified function or after the completion of that work or function, there is caused or created an accumulation or erosion wholly or partly in direct consequence of its construction, the undertaker, if requested by PoTLL, acting reasonably, must remedy the accumulation or erosion to the extent attributable to the construction of the specified work or protective work and, if it refuses or fails to do so as soon as reasonably practicable, PoTLL may itself cause the work to be done and may recover the reasonable cost of doing so from the undertaker.

(2) For the purposes of sub-paragraph (1)—

schedule 14 paragraph 142 2 a + (a)in the case of an accumulation, the remedy must be its removal; and

schedule 14 paragraph 142 2 b + (b)in the case of erosion, the remedy must be the carrying out of such reconstruction works and other protective works or measures as PoTLL reasonably requires.

term erosion + (3) In this paragraph, “erosion” means any fluvial, mechanical or other erosion, collapse, disturbance or destruction of the bed or banks of the river Thames or any quay or jetty or other structure of whatever nature within the Port.

Permitting

schedule 14 paragraph 143 + 143.—(1) The undertaker must consult PoTLL before—

schedule 14 paragraph 143 1 a + (a)applying for a new permit, a variation of an existing permit or a surrender of an existing permit under the Environmental Permitting (England and Wales) Regulations 2016(6);

schedule 14 paragraph 143 1 b + (b)applying to surrender an existing permit under article 68 (interface with waste operation permits); or

schedule 14 paragraph 143 1 c + (c)submitting an environmental scheme under article 68 (interface with waste operation permits),

which applies or will apply to activities in the Port, and must have regard to PoTLL’s comments in finalising those applications or submissions.

(2) Within the Port, the meaning of “authorised activity” in article 68 is to be construed as including the carrying out of any preliminary works.

Port closure in emergency

schedule 14 paragraph 144 + 144.—(1) Subject to sub-paragraph (2), PoTLL may at any time close the Port and exclude access by the undertaker, including access under any power granted by this Order, under any access right and as provided for in any agreement between the undertaker and PoTLL, where PoTLL reasonably considers that it is necessary to do so in response to a request from an emergency service or government agency, any emergency or accident, or an imminent threat to the health or safety of persons.

(2) PoTLL must inform the undertaker of any closure of the Port as soon as reasonably practicable, including details of the location and extent of the closure and where known, the anticipated duration of the closure.

(3) The undertaker must not at any time prevent or unreasonably impede access by emergency services vehicles to the Port.

Interaction with the Tilbury2 Order

term the 2019 order + schedule 14 paragraph 145 + 145.—(1) Notwithstanding article 55(5) (application of local legislation, etc.), the undertaker will not undertake any work, activity or operation authorised by this Order, the Town and Country Planning Act (General Permitted Development) Order 2015 or under any planning permission granted or having effect under the Town and Country Planning Act 1990 that will or could result in a breach of the provisions, requirements, licences and other consents that form part of, are authorised by, or are ancillary to Port of Tilbury (Expansion) Order 2019 (“the 2019 Order”) until a written scheme of management has been submitted to and approved by PoTLL.

(2) The written scheme of management must set out how the undertaker will—

schedule 14 paragraph 145 2 a + (a)minimise the extent of any breach;

schedule 14 paragraph 145 2 b + (b)monitor the breach;

schedule 14 paragraph 145 2 c + (c)rectify the breach at the earliest opportunity; and

schedule 14 paragraph 145 2 d + (d)reinstate the Port so as to ensure ongoing compliance with the provision, requirement, licence or consent following rectification of the breach.

(3) Unless otherwise agreed by PoTLL, the undertaker must carry out the written scheme of management approved under sub-paragraph (1).

(4) The undertaker is to be responsible for ensuring the rectification of any breach remains effective for the period of 12 months commencing with the date the breach was rectified or, should the breach recur, the date the recurrence was itself rectified.

(5) The rectification of any breach under sub-paragraph (2)(c) and reinstatement under sub-paragraph (2)(d) must be to at least the condition of the relevant land, ecological or other feature as at the date immediately prior to the action being undertaken that but for article 55(5) constituted a breach of the 2019 Order, but may include the provision of compensatory ecological provision where rectification would not otherwise be reasonably practicable due to the construction of the authorised development.

Safeguarding of access to the Port by rail

schedule 14 paragraph 146 + 146.  The undertaker must not exercise any power under the Order in such a manner as to cause any vehicular access for the purposes of the authorised development to have priority over railway traffic at the level crossing in the Port.

Disposals, etc.

schedule 14 paragraph 147 + 147.  The undertaker must within 7 days after the completion of any sale, agreement or other transaction under article 8 (consent to transfer benefit of Order) in relation to which any powers, rights and obligations of the undertaker are transferred to another party insofar as these would affect the Port or the operation of this Part of this Schedule, notify PoTLL in writing, and the notice must include particulars of the other party to the transaction under article 8, the general nature of the transaction and details of the extent, nature and scope of the works or functions sold, transferred or otherwise dealt with.

Costs

schedule 14 paragraph 148 + 148.  The undertaker must pay to PoTLL its proper and reasonable legal costs, professional fees and disbursements incurred in connection with—

schedule 14 paragraph 148 a + (a)reviewing any information provided by the undertaker in seeking any consent or approval required by this Part of this Schedule; or

schedule 14 paragraph 148 b + (b)inspecting during construction or on practical completion of any specified work or protective work.

Indemnity

schedule 14 paragraph 149 + 149.—(1) The undertaker agrees to indemnify and keep PoTLL, including any associated company (as defined in article 8(7) (consent to transfer benefit of Order)), indemnified at all times for all losses, costs, charges, damages, expenses, claims and demands which may be incurred reasonably or suffered by PoTLL, by reason or arising from or relating to—

schedule 14 paragraph 149 1 a + (a)the construction or failure of a specified work or protective work;

schedule 14 paragraph 149 1 b + (b)the carrying out of a specified function;

schedule 14 paragraph 149 1 c + (c)the undertaking by PoTLL of works or measures to prevent or remedy a danger or impediment to navigation or access within or to and from the Port;

schedule 14 paragraph 149 1 d + (d)the alteration to aids to navigation within the Port that are owned by PoTLL or the laying down of moorings or buoys within the Port as may be necessary in consequence of a specified work;

schedule 14 paragraph 149 1 e + (e)damage to the Port arising from paragraphs (a) to (d), including but not limited to—

schedule 14 paragraph 149 1 e i + (i)damage to any, street, plant, apparatus, chattels, fixtures, equipment or building belonging to PoTLL that is caused by the construction or failure of a specified work or protective work;

schedule 14 paragraph 149 1 e ii + (ii)any act or omission of the undertaker or its servants and agents while engaged in the construction of a specified work or protective work; and

schedule 14 paragraph 149 1 e iii + (iii)any remedial works necessary as the result of contamination being disturbed in, or migrating to, the Port or where such contamination means that the land affected by contamination cannot be used as part of the Port.

(2) The liability imposed by sub-paragraph (1) includes where this is attributable to the act, neglect or default of the undertaker’s officers, servants, contractors, employees, agents and sub-contractors.

(3) The fact that any act or thing may have been done by PoTLL on behalf of the undertaker or in accordance with a plan approved by PoTLL or in accordance with any requirement of PoTLL or under its supervision or to its satisfaction or in accordance with any directions or award of any arbitrator does not, subject to sub-paragraph (4), excuse the undertaker from liability under the provisions of sub-paragraph (1).

(4) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of PoTLL, its officers, servants, contractors or agents.

(5) PoTLL must give the undertaker reasonable notice of any such claim or demand as is referred to in sub-paragraph (1), and no settlement or compromise of any such claim or demand must be made without the prior written consent of the undertaker, such consent not to be unreasonably delayed or refused.

Disputes

schedule 14 paragraph 150 + 150.—(1) Subject to sub-paragraph (2), any difference arising between the undertaker and PoTLL under this Part must be determined by arbitration as provided in article 64 (arbitration).

(2) In the event of any difference arising between the undertaker and PoTLL under this Part, senior representatives of each party must seek to resolve the dispute through a meeting between the parties promptly and in any event within 10 business days of the dispute arising, and if either party is not reasonably satisfied following that meeting it may, within 20 business days of the meeting, notify the other party accordingly and refer the matter to arbitration.