SCHEDULES
SCHEDULE 14PROTECTIVE PROVISIONS
PART 8FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY
Application
schedule 14 paragraph 96 96. The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and the PLA, for the protection of the PLA in relation to the construction of the authorised development and, within any maintenance period defined in article 36 (temporary use of land for maintaining the authorised development), any maintenance of any part of the authorised development.
Interpretation
schedule 14 paragraph 97 97. In this Schedule—
term begin “begin” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act) forming part of the authorised development including preliminary works (as defined in Schedule 2 of this Order) including any ground investigations in the river Thames;
term construction “construction” includes execution, placing, altering, replacing, relaying, removal, renewal and works of maintenance within a maintenance period defined in article 36 (temporary use of land for maintaining the authorised development) and, in its application to a specified work which includes or comprises any operation, means the carrying out of that operation, and “construct” and “constructed” are to be construed accordingly;
term harbourmaster term harbour master “Harbour Master” has the same meaning as “harbourmaster” in section 2(1) of the 1968 Act;
term plans “plans” includes navigational risk assessments, plans, sections, elevations, drawings, specifications, programmes, construction methods and descriptions including, where applicable, such relevant hydraulic information about the river Thames as may be reasonably requested by the PLA;
term lower thames crossing ground investigations navigational risk assessment term preliminary navigational risk assessment “” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the preliminary navigational risk assessment and, in connection with any ground investigations in the river Thames, means the “” (which forms Appendix F of the preliminary navigational risk assessment);
term specified function “specified function” means any function of the undertaker under this Order (except any function under article 25 (compulsory acquisition of land), article 28 (compulsory acquisition of rights and imposition of restrictive covenants), article 33 (acquisition of subsoil or airspace only)) the exercise of which may affect the river Thames or any function of the PLA;
term specified work “specified work” means any part of the authorised development (which for this purpose includes the removal of any part of the authorised development), which—
is, may be, or takes place in, on, under or over the surface of land below the level of mean high water forming part of the river Thames; or
may affect the river Thames or any function of the PLA,
including any projection over the river Thames by any authorised work or any plant or machinery or any dredging (as defined in the 1968 Act) in the river Thames;
term temporary outfall “temporary outfall” means the temporary outfall in the river Thames referenced in paragraph 5(2)(a) of Schedule 15 (deemed marine licence) to this Order; and
term tunnelling works “tunnelling works” means so much of Work No. 4A as is carried out wholly under the bed of the River Thames.
Approval of detailed design (excluding the tunnelling works)
schedule 14 paragraph 98 98.—(1) The undertaker must not exercise any specified function or begin the construction of any specified work until plans of the work or function have been approved in writing by the PLA, but the PLA’s approval is not required under this paragraph for any tunnelling works forming part of a specified work.
(2) The undertaker must submit to the PLA plans of the specified work or specified function and such further particulars as the PLA may, within 20 business days starting with the day on which the plans are submitted under this sub-paragraph, reasonably require, and the particulars so supplied are to provide all information necessary to enable the PLA to determine whether approval should be given and, if so, whether conditions should be imposed.
(3) Insofar as the plans submitted under sub-paragraph (2) include a navigational risk assessment, the undertaker must consult the Port of Tilbury London Limited on that assessment prior to submission under sub-paragraph (2) and that assessment must be in all material respects in accordance with the preliminary navigational risk assessment (including where relevant the incorporation of embedded risk controls and additional risk controls identified in the preliminary navigational risk assessment) unless otherwise agreed by the PLA.
(4) Any approval of the PLA required under this paragraph must not be unreasonably withheld but may be given subject to such reasonable modifications, terms and conditions as the PLA may make for the protection of—
schedule 14 paragraph 98 4 a (a)traffic in, or the flow or regime of, the river Thames;
schedule 14 paragraph 98 4 b (b)the use of its land, or the river Thames, for the purposes of performing its functions; or
schedule 14 paragraph 98 4 c (c)the performance of any of its functions connected with environmental protection.
(5) Requirements made under sub-paragraph (4) may include conditions as to—
schedule 14 paragraph 98 5 a (a)the proposed location of any temporary work and its dimensions or the location where the specified function is proposed to be exercised;
schedule 14 paragraph 98 5 b (b)the programming of temporary works or the exercise of the specified function including the timing and management of giving up temporary possession;
schedule 14 paragraph 98 5 c (c)the removal of any temporary works and the undertaking by the undertaker of any related work or operation that the PLA considers to be necessary for the purpose of removing or preventing any obstruction to navigation;
schedule 14 paragraph 98 5 d (d)the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the specified work or specified function; and
schedule 14 paragraph 98 5 e (e)the expiry of the approval if the undertaker does not commence construction or carrying out of the approved specified work or exercise of the specified function within a prescribed period.
(6) An application for approval under this paragraph is deemed to have been refused if it is neither given nor refused within 30 business days of the specified day.
(7) An approval of the PLA under this paragraph is not deemed to have been unreasonably withheld if approval within the time limited by sub-paragraph (6) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions.
(8) The undertaker must carry out all operations for the construction of any specified work or the specified function without unnecessary delay and to the reasonable satisfaction of the PLA so that traffic in, or the flow or regime of, the river Thames, and the exercise of the PLA’s functions, do not suffer more interference than is reasonably practicable. The PLA is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey those operations and the undertaker must provide all reasonable facilities to enable that inspection and survey to take place.
term specified day (9) In this paragraph, “specified day” means—
schedule 14 paragraph 98 9 a (a)the day on which the plans of the specified work or specified function referred to in sub-paragraph (2) are provided to the PLA; or
schedule 14 paragraph 98 9 b (b)the day on which the undertaker provides the PLA with the further particulars requested by the PLA under sub-paragraph (2),
whichever is later.
Design of, and coordination of, tunnelling works to ensure existing and future use of river Thames
schedule 14 paragraph 99 99.—(1) The detailed design and construction of the tunnelling works in the river Thames must—
schedule 14 paragraph 99 1 a (a)provide for a protected dredged navigational channel depth of 12.5m below chart datum with an additional 0.5m to allow for over-dredging attributable to standard dredging methodology;
schedule 14 paragraph 99 1 b (b)ensure that that channel depth can be maintained where scour protection is required; and
schedule 14 paragraph 99 1 c (c)take into account the need to protect the existing and future use of the river Thames, including reasonable mitigation of risks to the river Thames and the functions of the PLA during construction of the tunnelling works and operation of the authorised development.
(2) The undertaker must, in a timely manner, consult with the PLA in relation to matters related to or may affect their functions—
schedule 14 paragraph 99 2 a (a)when preparing the detailed design and construction methodology of the tunnelling works under the river Thames, on—
schedule 14 paragraph 99 2 a i (i)the construction methodology for those works insofar as relevant to the existing and future use of the river Thames and the PLA’s functions;
schedule 14 paragraph 99 2 a ii (ii)the measures to be taken in connection with those works, including in respect of unexploded ordnance in the river Thames having regard to the need to protect the existing and future use of the river Thames; and
schedule 14 paragraph 99 2 b (b)during construction of the tunnelling works under the river Thames, on such matters regarding those works as the PLA may reasonably request including, but not limited to, tunnel monitoring, construction and baseline monitoring data.
(3) The undertaker must have reasonable regard to any representations made by the PLA under sub-paragraph (2) and provide a written account of how any such representations have been taken into account.
(4) Where the PLA are not reasonably satisfied in relation to the written account provided in relation to the matters under sub-paragraph (2)(a)(ii), the senior representatives from the PLA and the undertaker must seek to resolve the dispute through a meeting between the parties promptly and in any event within 10 business days, and if the PLA is not reasonably satisfied following that meeting it may within 20 business days of the specified day, notify the undertaker that the PLA is in dispute with the undertaker and accordingly refer the matter to arbitration under paragraph 116 (disputes) to review the measures to be implemented having regard to protecting the existing and future use of the river Thames.
(5) Unless sub-paragraph (6) applies, in the event that a matter is referred to arbitration under sub-paragraph (4), the undertaker must not begin any tunnelling work to which a dispute under sub-paragraph (4) relates until such arbitration is settled by the arbitrator (and where sub-paragraph (6) applies, the arbitrator must ensure its decision does not conflict with the Secretary of State’s decision under that sub-paragraph).
(6) This sub-paragraph applies where the undertaker provides the Secretary of State with PLA’s representations, and the written account required under sub-paragraph (3), and the Secretary of State agrees any tunnelling work to which a dispute under sub-paragraph (4) relates can begin.
(7) The undertaker must, no later than three months prior to the expected commencement of the tunnelling works, provide the PLA with a point of contact for continuing liaison and co-ordination throughout the construction of the tunnelling works and the undertaker must notify the PLA of the date of—
schedule 14 paragraph 99 7 a (a)the tunnelling works beginning as soon as reasonably practicable and, in any event, 28 days prior to beginning of those works;
schedule 14 paragraph 99 7 b (b)the completion of the tunnelling works as soon as reasonably practicable after the completion of those works;
schedule 14 paragraph 99 7 c (c)the beginning and end of construction of each of the tunnel bore for northbound traffic, the tunnel bore for southbound traffic and each cross-passage connecting the two tunnels;
schedule 14 paragraph 99 7 d (d)any suspension or resumption of tunnelling works which may affect the PLA’s functions; and
schedule 14 paragraph 99 7 e (e)any changes to the planned tunnelling works which may affect the PLA’s functions.
term construction methodology (8) In this paragraph, “construction methodology” includes construction methods and measures for management of construction risks.
Construction of tunnelling works
schedule 14 paragraph 100 100.—(1) Prior to commencing construction of the tunnelling works and as soon as reasonably practicable after they each become available, the undertaker must provide to the PLA the following—
schedule 14 paragraph 100 1 a (a)an Approval in Principle, or similar, demonstrating that the design requirement has been incorporated into the detailed design of the tunnelling works;
schedule 14 paragraph 100 1 b (b)a Design Certificate demonstrating that the detailed design of the tunnelling works has satisfied the design requirement;
schedule 14 paragraph 100 1 c (c)a Check Certificate, completed by an independent person, demonstrating that the detailed design of the tunnelling works has satisfied the design requirement;
schedule 14 paragraph 100 1 d (d)a river use and navigation emergency response plan relating to the tunnelling works in so far as they may affect the river Thames or the PLA’s functions, which must include reasonable notification to the PLA of any risks arising which may affect the PLA’s assets and operations; and
schedule 14 paragraph 100 1 e (e)a management, monitoring and reporting plan relating to the tunnelling works in so far as they may affect the river Thames and the PLA’s functions, which must include a mechanism by which the PLA can reasonably require any additional relevant monitoring information concerning such risks.
(2) The undertaker must supply to the PLA—
schedule 14 paragraph 100 2 a (a)any of the drawings referred to in either of the certificates specified in sub-paragraphs (2)(b) and (2)(c); and
schedule 14 paragraph 100 2 b (b)such other information relating to any of the documents provided under sub-paragraph (1) or (2)(a) as the PLA may reasonably require,
upon request made by the PLA within 10 business days of the day on which the PLA receives the document that gives rise to the request.
(3) If, following receipt of any of the documents supplied under sub-paragraphs (2) and (3), the PLA is not reasonably satisfied that the design requirement will be met, senior representatives from the PLA and the undertaker must seek to resolve the dispute through a meeting between the parties promptly and in any event within 10 business days, and if the PLA is not reasonably satisfied following that meeting it may within 20 business days of the specified day, notify the undertaker that the PLA is in dispute with the undertaker and accordingly refer the matter to arbitration under paragraph 116 to review the proposed detailed design of the tunnelling works so far as it concerns the design requirement.
(4) In this paragraph—
schedule 14 paragraph 100 4 a (a)term design certificate term check certificate term approval in principle “Approval in Principle”, “Check Certificate” and “Design Certificate” have the same meaning as in the DMRB Volume 1 Section 1 Part 1 BD2/12;
schedule 14 paragraph 100 4 b (b)term the design requirement “the design requirement” means the detailed design requirement specified in paragraph 99(1) (design of, and coordination of, tunnelling works to ensure existing and future use of river Thames);
schedule 14 paragraph 100 4 c (c)term the specified day “the specified day” means—
schedule 14 paragraph 100 4 c i (i)the day on which the documents referred to in sub-paragraph (4) are provided to the PLA under that sub-paragraph; or
schedule 14 paragraph 100 4 c ii (ii)the day on which the undertaker provides the PLA with all drawings and further information that has been requested by the PLA under sub-paragraph (2),
whichever is the later.
As built drawings
schedule 14 paragraph 101 101. As soon as reasonably practicable following the completion of the construction of the authorised development, the undertaker must provide to the PLA as built drawings of any specified works in a form and scale to be agreed between the undertaker and the PLA to show the position of those works in relation to the river Thames.
Discharges etc.
schedule 14 paragraph 102 102.—(1) The undertaker must not without the consent of the PLA exercise the powers conferred by article 19 (discharge of water) so as to—
schedule 14 paragraph 102 1 a (a)deposit in or allow to fall or be washed into the river Thames any gravel, soil or other material;
schedule 14 paragraph 102 1 b (b)discharge or allow to escape either directly or indirectly into the river Thames any offensive or injurious matter in suspension or otherwise; or
schedule 14 paragraph 102 1 c (c)directly or indirectly discharge any water into the river Thames.
(2) Any consent of the PLA under this paragraph must not be unreasonably withheld but may be given subject to such terms and conditions as the PLA may reasonably impose.
(3) Any consent under this paragraph is deemed to have been given if it is neither given nor refused (or is refused but without an indication of the grounds for refusal) within 25 business days of the day on which the request for consent is submitted under sub-paragraph (1).
(4) The undertaker must not, in the exercise of the powers conferred by article 19, damage or interfere with the beds or banks of any watercourse forming part of the river Thames unless such damage or interference is approved as a specified work under this Order or is otherwise approved in writing by the PLA.
Removal of temporary works
schedule 14 paragraph 103 103.—(1) On completion of the construction of the whole or any part of a permanent specified work, the undertaker must—
schedule 14 paragraph 103 1 a (a)as soon as reasonably practicable after such completion seek approval under paragraph 98 (approval of detailed design (excluding the tunnelling works)) for the removal required by paragraph (b); and
schedule 14 paragraph 103 1 b (b)as soon as reasonably practicable after the grant of that approval under paragraph 98 remove—
schedule 14 paragraph 103 1 b i (i)in the case of completion of part of a permanent specified work, any temporary tidal work (other than a residual structure) carried out only for the purposes of that part of the permanent specified work;
schedule 14 paragraph 103 1 b ii (ii)on completion of all the specified works, any remaining temporary tidal work (other than a residual structure); and
schedule 14 paragraph 103 1 c (c)in either case, any materials, plant and equipment used for such construction,
and make good the site to the reasonable satisfaction of the PLA.
(2) Without limitation to paragraph (1), the undertaker must as soon as reasonably practicable seek approval under paragraph 98 for the removal of the temporary outfall in the river Thames and any structure installed in connection with ground investigations in the river Thames where the use of that outfall or structure is no longer necessary in connection with the construction of the authorised development, and as soon as practicable after the grant of that approval must remove that outfall and structure and make good the site to the reasonable satisfaction of the PLA.
(3) For the purposes of the undertaker making good the site in accordance with sub-paragraph (1)(b), the PLA may require that—
schedule 14 paragraph 103 3 a (a)any residual structure is cut off by the undertaker at such level below the bed of the river Thames as the PLA may reasonably direct; and
schedule 14 paragraph 103 3 b (b)the undertaker takes such other steps to make the residual structure safe as the PLA may reasonably direct.
(4) As soon as reasonably practicable after the undertaker has complied with the PLA’s requirements under sub-paragraphs (1), (2) and (3) in relation to any residual structure, the PLA must grant the undertaker a works licence for that structure under section 66 (licensing of works) of the 1968 Act, and the terms of the licence are to reflect such requirements.
(5) For the avoidance of doubt, article 53 (disapplication of legislative provisions, etc.) will not apply to a residual structure which will, accordingly, be subject to sections 66 to 75 (lands above mean high water level) of the 1968 Act.
(6) In this paragraph—
term residual structure “residual structure” means any part of a temporary tidal work that the PLA agrees cannot reasonably be removed by the undertaker on completion of the construction of the permanent specified works; and
term tidal work “tidal work” means any specified work any part of which is, or may be, or, in, under or over the surface of land below the level of mean high water forming part of the river Thames.
Protective action
schedule 14 paragraph 104 104.—(1) If any specified work or the exercise of any specified function—
schedule 14 paragraph 104 1 a (a)is constructed or carried out otherwise than in accordance with the requirements of this Schedule or with any condition in an approval given under paragraph 98(4) (approval of detailed design (excluding the tunnelling works)); or
schedule 14 paragraph 104 1 b (b)during construction or carrying out gives rise to sedimentation, scouring, currents or wave action, or other material change to the riverbed, which would be materially detrimental to traffic in, or the flow or regime of, the river Thames,
then the PLA may by notice in writing require the undertaker at the undertaker’s own expense to comply with the remedial requirements specified in the notice.
(2) The requirements that may be specified in a notice given under sub-paragraph (1) are—
schedule 14 paragraph 104 2 a (a)in the case of a specified work or specified function to which sub-paragraph (1)(a) applies, such requirements as may be specified in the notice for the purpose of giving effect to the requirements of—
schedule 14 paragraph 104 2 a i (i)this Schedule; or
schedule 14 paragraph 104 2 a ii (ii)the condition that has been breached; or
schedule 14 paragraph 104 2 b (b)in any case within sub-paragraph (1)(b), such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation, scouring, currents or wave action or other material change to the riverbed so far as required by the needs of traffic in, or the flow or regime of, the river Thames.
(3) If the undertaker does not comply with a notice under sub-paragraph (1), or is unable to do so then the PLA may in writing require the undertaker to—
schedule 14 paragraph 104 3 a (a)remove, alter or pull down the specified work, and where the specified work is removed to restore the site of that work (to such extent as the PLA reasonably requires) to its former condition; or
schedule 14 paragraph 104 3 b (b)take such other action as the PLA may reasonably specify for the purposes of remedying the non-compliance to which the notice relates.
(4) If a specified work gives rise to materially new or materially different environmental effects over and above those anticipated by any environmental document, the undertaker must, in compliance with its duties under any enactment, take such action as is necessary to prevent or mitigate those environmental impacts and in so doing must consult and seek to agree the necessary measures with the PLA.
(5) If the PLA becomes aware that any specified work is causing materially new or materially different environmental effects over and above those anticipated by any environmental document, the PLA must notify the undertaker of—
schedule 14 paragraph 104 5 a (a)that materially new or materially different environmental effect;
schedule 14 paragraph 104 5 b (b)the reasons why the PLA believes that the materially new or materially different environmental effects are being caused by the specified work; and
schedule 14 paragraph 104 5 c (c)measures that the PLA reasonably believes are necessary to counter or mitigate that materially new or materially different environmental effects.
(6) The undertaker must implement either the measures that the PLA has notified to it under paragraph (5) or such other measures as the undertaker believes are necessary to counter materially new or materially different environmental effects identified, giving reasons to the PLA as to why it has implemented such other measures.
term environmental document (7) In this paragraph “environmental document” means—
schedule 14 paragraph 104 7 a (a)the environmental statement; and
schedule 14 paragraph 104 7 b (b)any other document containing environmental information provided by the undertaker to the PLA for the purposes of any approval under paragraph 98.
Facilities for navigation
schedule 14 paragraph 105 105.—(1) The undertaker must not in the exercise of the powers conferred by this Order interfere with any marks, lights or other navigational aids in the river Thames without the consent of the PLA, and must ensure that access to such aids remains available during and following construction of any specified work or the exercise of any specified function.
(2) The undertaker must provide at any specified work, or must afford reasonable facilities at such work (including an electricity supply) for the PLA to provide at the undertaker’s cost, from time to time such navigational lights, signals, radar or other apparatus for the benefit, control and direction of navigation as the PLA may deem necessary by reason of the construction and presence of the specified work and must ensure access remains available to such facilities during and following construction of the specified work.
(3) The power under article 18(1)(e) (powers in relation to relevant navigations or watercourses) may only be exercised in connection with the relevant navigation as defined in that article where that exercise relates to—
schedule 14 paragraph 105 3 a (a)Work No. 5A;
schedule 14 paragraph 105 3 b (b)Work No. 5X;
schedule 14 paragraph 105 3 c (c)ground investigation works; and
schedule 14 paragraph 105 3 d (d)any other activity approved in writing by the PLA.
Use of land above the riverbed of the river Thames
schedule 14 paragraph 106 106. The undertaker’s powers of temporary possession and compulsory acquisition of rights and imposition of restrictive covenants under this Order above the riverbed of the river Thames in connection with the temporary outfall, permanent outfall, the new water inlet with self-regulating valve and ground investigation works, is limited to what is reasonably necessary for the undertaker safely to construct the authorised development.
Survey of the river Thames riverbed
schedule 14 paragraph 107 107.—(1) The PLA may, at the undertaker’s expense (such expense to be that which is reasonably incurred), carry out a survey (or externally procure the carrying out of a survey) for the purpose of establishing the condition of the river Thames—
schedule 14 paragraph 107 1 a (a)before the commencement of construction of the first specified work below the level of mean high water to be constructed following approval under paragraph 98 (approval of detailed design (excluding the tunnelling works));
schedule 14 paragraph 107 1 b (b)before the commencement of construction of any other specified work, or the carrying out of any other specified function, approved under paragraph 98;
schedule 14 paragraph 107 1 c (c)during the construction of any specified work, or the carrying out of any specified function, as is reasonably required; and
schedule 14 paragraph 107 1 d (d)after completion of, respectively—
schedule 14 paragraph 107 1 d i (i)any specified work and the exercise of all related specified functions; and
schedule 14 paragraph 107 1 d ii (ii)all the specified works constructed and specified functions carried out under this Order in relation to such construction,
of such parts of the river Thames as might be affected by sedimentation, scouring, currents, wave action or other material change to the riverbed that might result from the construction of the relevant specified work, or the carrying out of a specified function as would, if it were to be constructed or carried out, constitute specified works, or give rise to operations, below the level of mean high water.
(2) The PLA must make available to the undertaker the results of any survey carried out under this paragraph, such results to be provided to the undertaker within 20 business days from the undertaker’s request.
(3) The PLA must not under this paragraph carry out a survey of any part of the river Thames in respect of which the undertaker has provided to the PLA survey material which the PLA is satisfied establishes the condition of the river Thames, and in the case of a survey under sub-paragraph (1)(c), the effect of the specified works and the specified functions.
(4) A survey carried out under this paragraph is the property of the PLA.
Statutory functions
schedule 14 paragraph 108 108. Subject to article 53 (disapplication of legislative provisions, etc.) the exercise in, under or over the river Thames by the undertaker of any of its functions under this Order is subject to—
schedule 14 paragraph 108 a (a)any enactment relating to the PLA;
schedule 14 paragraph 108 b (b)any byelaw, direction or other requirement made by the PLA or the Harbour Master under any enactment; and
schedule 14 paragraph 108 c (c)any other exercise by the PLA or the Harbour Master of any function conferred by or under any enactment.
Indemnity
schedule 14 paragraph 109 109.—(1) The undertaker will pay to the PLA its proper and reasonable legal costs, professional fees and disbursements incurred in connection with reviewing detailed design information, construction information and any other information submitted to the PLA in respect of a specified work or a specified function.
(2) The undertaker is responsible for and must make good to the PLA all financial costs, charges, damages losses or expenses which may be incurred reasonably or suffered by the PLA by reason of—
schedule 14 paragraph 109 2 a (a)the construction or operation of a specified work or its failure;
schedule 14 paragraph 109 2 b (b)the exercise of any specified function; or
schedule 14 paragraph 109 2 c (c)any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged on the construction or operation of a specified work or exercise of a specified function dealing with any failure of a specified work,
and the undertaker must indemnify the PLA from and against all claims and demands arising out of or in connection with the specified works or specified functions or any such failure, act or omission.
(3) The fact that any act or thing may have been done—
schedule 14 paragraph 109 3 a (a)by the PLA on behalf of the undertaker; or
schedule 14 paragraph 109 3 b (b)by the undertaker, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the PLA, or in a manner approved by the PLA, or under its supervision or the supervision of its duly authorised representative,
does not (if it was done or required without negligence on the part of the PLA or its duly authorised representative, employee, contractor or agent) excuse the undertaker from liability under the provisions of this paragraph.
(4) The PLA must give the undertaker reasonable notice of any such claim or demand as is referred to in sub-paragraphs (1) and (2) and no settlement or compromise of it is to be made without the prior consent of the undertaker.
Disposals, etc.
schedule 14 paragraph 110 110. 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, notify the PLA 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.
Navigational lights, buoys, etc.
schedule 14 paragraph 111 111.—(1) The undertaker must, at or near a specified work or a location where a specified function is being exercised, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the PLA may from time to time reasonably require.
(2) The PLA must give the undertaker not less than 20 business days’ written notice of a requirement under sub-paragraph (1) except in the case of emergency when the PLA must give such notice as is reasonably practicable.
Directions as to lights
schedule 14 paragraph 112 112. The undertaker must comply with any reasonable directions issued from time to time by the Harbour Master with regard to the lighting of—
schedule 14 paragraph 112 a (a)a specified work; or
schedule 14 paragraph 112 b (b)the carrying out of a specified function or the use of apparatus for the purposes of such a function,
or the screening of such lighting, so as to ensure that it is not a hazard to navigation on the river Thames.
Removal, etc. of the PLA’s moorings and buoys
schedule 14 paragraph 113 113.—(1) Subject to sub-paragraph (2), if by reason of the construction of any specified work or the exercise of any specified function it is reasonably necessary for the PLA to incur the cost of—
schedule 14 paragraph 113 1 a (a)temporarily or permanently altering, removing, re-siting, repositioning or reinstating existing moorings or aids to navigation (including navigation marks or lights) owned by the PLA;
schedule 14 paragraph 113 1 b (b)laying down and removing substituted moorings or buoys; or
schedule 14 paragraph 113 1 c (c)carrying out dredging operations for any such purpose,
not being costs which it would have previously incurred for any other reason, the undertaker must pay the costs reasonably so incurred by the PLA.
(2) The PLA must give to the undertaker not less than 20 business days’ notice of its intention to incur such costs, and take into account any representations which the undertaker may make in response to the notice within 10 business days of the receipt of the notice.
Abandoned or decayed works
schedule 14 paragraph 114 114.—(1) If a specified work is abandoned or falls into decay, the PLA may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice either to repair or restore the specified work, or any part of it, or to remove the specified work and (to such extent and within such limits as the PLA reasonably requires) restore the site of that work to its condition prior to the construction of the specified work.
(2) If any specified work is in such condition that it is, or is likely to become, a danger to or an interference with navigation in the river Thames, the PLA may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice—
schedule 14 paragraph 114 2 a (a)to repair and restore the work or part of it; or
schedule 14 paragraph 114 2 b (b)if the undertaker so elects, to remove the specified work and (to such extent as the PLA reasonably requires) to restore the site to its former condition.
(3) If on the expiration of such reasonable period as may be specified in a notice under this paragraph the work specified in the notice has not been completed to the satisfaction of the PLA, the PLA may undertake that work and any expenditure reasonably incurred by the PLA in so doing is recoverable from the undertaker.
Apparatus in the tunnel area
schedule 14 paragraph 115 115.—(1) Whenever the undertaker receives an application from any person who is considering placing or doing anything that might require the undertaker’s consent under article 47 (no apparatus in tunnel area without consent), the undertaker will inform the person concerned of the possible need to obtain the PLA’s licence under section 66 (licensing of works) of the 1968 Act in relation to that matter and will recommend that the person contacts the PLA in order to discuss the matter with the PLA.
(2) Within 5 business days of giving a consent under article 47 (no apparatus in the tunnel area without consent), the undertaker must notify the PLA in writing that consent has been given and in doing so must provide the PLA with the name and address of the person to whom the consent has been given and details of the apparatus or work to which the consent relates.
Disputes
schedule 14 paragraph 116 116. Any dispute arising between the undertaker and the PLA under this Schedule is to be determined by arbitration as provided in article 64 (arbitration).